kell_5 vs HSBC, just started - HELP!

[kel_5]

Ive had no responce from HSBC so I'm sending my LBA today.

[givememymoney]

Go for it don't forget your up to date schedule of charges.

[jailbird]

Hi im new to this. I have downloaded my accounts for the last 6 years and worksed out what HSBC owe me but where will I find a schedule of charges form to complete? Hope someone can help me

[givememymoney]

jailbird you can find the spreadsheets here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html it would also be worth while to start your own thread so we can help out easier.

[kel_5]

Do you mean I should add on any charges since the 1st letter? If so there isn't any so just sent another copy of the origional. I'm getting nearvous now, my computer wont download the the MCOL stuff so I'll have to borrow someone elses!

[kel_5]

Got a letter from HSBC today! Thanking me for my comments and telling me there looking in to it and will contact me with a full responce as soon as they have completed there investigations.

 

Yeah right - trying to fobb me off more like!!

 

They've got untill 2nd april.

[givememymoney]

Absolutely trying to fob you off. Stick to your timescale.

[kel_5]

I am well confused!!

 

I'm trying to sort out the court claim, I am reciving working tax credit so I know I can get the fees waved. The form is really hard, couldnt I just pay them and claim them back from HSBC?

 

Does any one know how much the court fees are?

 

'Interest under s.69 County Courts Act 1984' - is this the 8% interest that I add on, and do I just take the whole amount and add 8% on to it?

 

Do I have to send this exactly 14 days after the LBA, I think its gonna take me a couple of days to get my head around all the forms.

 

Also... is it better to file the claim on-line or by post?

 

Any advice is welcome... thankyou so much.

[tomcody]

Hi Kel my fees were £120 I think this varies dependant on how much you are claiming for. This fee is added onto your claim automatically if use the claim on-line so HSBC pay you this back.

The 8% interest is calculated on your spreadsheet you put the total 8% interest in. Also you need to calculate how much your 8% daily interest is.

I would advise you to stick to the timescales if you decide to claim online you can go into your claim and edit it at will and save it until your 14 days are up. Hope this makes sense?

[lateralus]

this thread is very thorough:

Getting MCOL Right

[kel_5]

Hi can someone help?

 

I'm filling out the N1 form and I'm not sure what I should put in the box that asks for my solicitors details? I didnt know I had to get one??

 

Thanks

[kel_5]

And at the side of the box for the defendants name and address it asks for the Amount claimed, court fee and solisitors costs. I'm not sure if I have to fill this out or not

[kel_5]

Its ok, I figured it all out myself!

 

I handed my claim form in at the court today so now I just wait to see what happens, yeah?

 

I ended up just paying the court fees because I didnt have time to fill out the form. But I'm claiming it back from HSBC anyway.

 

I cant belive my claim is now about £500 more than what it origionally was.

[kel_5]

does anyone know what the next stage is and when it should happen?

 

Thanks

[kelley]

Good luck Kel with your claim, I also submitted my claim to the courts yesterday, an am a little nervous to, We are both close with are claims so will watch out to see if we both help each other with support along the way now.

Good luck again

Kelley

[lateralus]

to both of you then:

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

If you filed at court you can skip this one as your breakdown will already have been attached when you filed:

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2. yes, DG's address will be on page 2 when the acknowledgment arrives - then send them your breakdown and this:

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[kel_5]

Thanks lateralus, I went down to the court and handed in 3 copies of everything so I dont need to send the 1st letter you mention, right?

 

Kelley - Its well scarey isn't it, keep in touch.

[Michael Browne]

I went down to the court and handed in 3 copies of everything so I dont need to send the 1st letter you mention, right?

 

Correct, this only applies if you file with MCOL

[kelley]

Kel- on the letter you gave to the courts, did you include the court fee's or just the charges??

Im about to go down and post mine off, but not sure to include this or not, and dont want to make a mistake now,

?????

Kelley

---------------------------------

[kel_5]

Sorry for the late reply kelley, I included the court fee in the claim. You have to say that your including it though.

 

Hope its not too late...

[kel_5]

I have recived the notice of issue, does the notice of acknowlegement come after?

 

thanks

[Castlebest]

Yes normaly a few days later, I think mine was 4 days.

 

pete

[nettyg]

make a note of the date deemed served kel, that will be the date that they have 28 days from to defend. you're on your way now!!

[kel_5]

Thanks for the help, pete and netty,

 

Were do I find the date deemed served?

 

thanks again...

[kel_5]

Its ok I found it... Thanks anyway!