Mule V HSBC **WON**

[Mule]

Hi,

 

I'm hoping someone can give me some guidance

 

Here's what I've done so far.

 

First I went through the past 6 years of my current account statements online and noted dates and amounts - I was confused by one of the charges though, it is titled 'unpaid cheque' and is a debit for £115. This seems rather alot to me, so is that a charge from HSBC or is that where a cheque someone has paid me has bounced? Also, I have multiple 'Total charges' of £27.50 each, which I know to be excess overdraft fees, I have one single 'Total charge' of £10 though which I can't identify - can I still reclaim this?

 

When listing the charges should they be written as they are on the statement, i.e. 'Total Charges' or should I write what the charges were for, i.e. 'Excess overdraft'. - If the latter then what should I put for the £10 charge I can't identify?

 

I have now done the prelim letter and included a paragraph on manual intervention, I am now waiting to send this off with the schedule of claim for charges once I know I have everything right.

 

Also - Should this be sent recorded or is standard post ok?

[Mule]

Any chance anyone could help check this for me so I can send it off? thanks

[nettyg]

i would send it off anyway (did you look at the link bank charges and what you can claim?) if there is anything that can't be claimed, it will be knocked off at the final settlement offer. take a look at the link and just make sure you are happy with what you are claiming for ok? there's no rush

 

Charges description on statements - Please Read

[Mule]

Thanks,

 

I've listed the charges as they appear on the statements, including the 2 I wasn't sure about. I'm sending it standard mail to the head office address.

[nettyg]

good luck you'll be fine

[st24driver]

Post it by recorded delivery then they cannot deny that they have recieved it also they are recieving that many claims if they have recieved it and lost it at their end you have the proof,and good lucky not that you will need it just be patient

[nettyg]

st's right... send recorded delivery then it can't be 'lost in the post'. you can then check the royal mail site to see when it's been delivered

[Mule]

Thanks both of you, I haven't posted it yet and I will post it recorded, is that in any of the faq's? It should be.

[Mule]

Letter received today

 

Thank you for your letter dated 28 February 2007 concerning bank charges

 

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations.

 

In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with. If you do need to contact us, please quote reference number xxxxxxxxxx

[Mule]

Just getting my letter before action ready to send for tomorrow. The first line of the template reads 'I am very disappointed that you have failed to respond to my letter of the xxxx' However as I mentioned in the above post they have responded so what should I write instead? My mind is completely blank.

 

Edit - Never mind, I changed it to 'I am very disappointed that you have failed to respond satisfactorily to my letter of the xxxx'

[givememymoney]

You could start with "I note reciept of your letter of the xxxx stating that you are investigating my claims. However, as mentioned in my previous letter I have a very clear timescale by which I would like this matter resolved and I am dissapointed that a large corporation such as HSBC is unable to mobilise its resources to meet what I consider to be a very reasonable timeframe."

 

Then continue with the LBA

[Mule]

OK, your version is better

[Castlebest]

Their post room must be snowed under lol.

If they follow current trends you should get another letter around about the time you submit your claim apologising for not having finished their investigations and giving you a date, its normally about a month to 6 weeks from the date of the letter.

I think this is just a weak stalling tactic and if you answer it at all I would just use a version of GMMM's wording again.

Mine came 2 days after I had filed my claim with the court and I wrote back saying "too late mate".

pete

[Mule]

I've been putting it off but I've just got around to filling out the claim form and the Value box is confusing me.

 

I want to claim £400 in charges and then the 8% interest on top of that is £177.23. I don't want to claim for overdraft interest since it's a minimal amount and I can't work out what the court fee is I should be claiming. (I do know that I'm not entitled to exemption though)

 

Can someone help me with what I should put in the box? The S.69 County Courts Act 1984 seems to be mentioned twice in the template? is this the 8% interest?

 

Also, what do you put in the 'In the' box at the top of the first page and how do you get the text to fit in the box on the second page, there's not enough room!

 

I think the layout may have changed from when the guide on how to fill it out was written. There is for instance no place to put your local courts name.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[Mule]

OK, I think I worked out most of it myself,

 

Charges £400.00

Interest under s.69 County Courts Act 1984 £177.23

Court Fee £80

 

TOTAL £ 657.23

 

Then I add the other bit of text about the s.69 county courts act and charge an additional 9p a day interest until the case is settled.

 

Is it really worth me bothering to add that bit for an extra 9p a day?

 

 

All I'm troubled with now is what to write in the In the box at the top of page 1 and how to fit in all the text from the template in the PARTICULARS OF CLAIM box.

[Michael Browne]

You can either fill up the box, then at the bottom put 'Continued on attached sheet'

or Put 'See attached sheet for Pariculars of Claim'

 

Make sure you head the sheet Mule v Hsbc in XXXX County Court, Particulars of Claim

[Mule]

Ah, nevermind, I've just realised that the bit about 'I believe this to be true' etc. Is now part of the form so I can remove it from my particulars of claim and just fill that bit in at the bottom. Can't I?

 

I still need to know what goes in the 'In the' box at the top

 

Also, is £80 the correct fee for the amount I'm claiming?

[Michael Browne]

I still need to know what goes in the 'In the' box at the top

XXX County Court where you are filing the claim

[Mule]

Thanks for your help, I think I've got it now.

[Mule]

Notice of Issue received today.

 

It says that the claim was issued on 11/4 and sent to the defendant first class on 11/4. It will be deemed to have been served on 13/4 and the defendant has until 27/4 to reply.

[Mule]

Notice of acknowledgement received today (Filed on 19/4) stating that they intend to defend all of the claim

[Mule]

I got a letter from HSBC today offering me £257.50.

 

It also says that my claim goes back more than six years (I double checked and the charges I claimed go back to 09/03/01, I posted my first letter to them 28/02/07 although of couse by now those charges are more than 6 years old) and that they won't be refunding those charges.

 

It also says that the charges I have supplied include an amount of £115 which is an unpaid cheque fee that they will also not refund (I still don't know what this charge really is and I questioned it in the first place before I started doing this so should I really be claiming it?!)

 

So from the looks of it they are offering the £400 I originally requested minus the £115 and one £27.50 overdrawn charge.

 

They have until 17/05 to file a defence and they have asked that I accept their offer within 10 working days or they will take it that I have declined their offer (10 working days from now is 16/05)

 

I'm a bit concerned about this £115 charge, as I don't know what it's for and they do could they not use that in their defence to dismiss the whole claim?

[Castlebest]

Hiya £115 is a big charge, I think the least they should do is prove how its made up, together with the opther charges of course.

 

If its for an unpaid cheque its still a charge and not a fee and they should be paying it.

 

pete

[Mule]

They state in the letter that it is an 'unpaid cheque fee'

[Mule]

What's the difference between a charge and a fee? Should I consider taking the offer?