Candice - v- HSBC

[lateralus]

yes, go ahead an register and pop in and out - gettng your claim ready for thurs. the only difficult part is getting your partics. into the small space - there is a template in the library and i will post you mine as another example. then when the date comes = you'll be ready to pay and submit.

it 's an empowering feeling when you press the button.

[Castlebest]

There is nothing difficult about the MCOL forms, once you have registered you can fill in as much or as little as you want, if you find a question you don’t have the information for or don’t understand you can log off find the answer and go back again so its all correct and ready for the day when you need to submit it.

pete

[Candice27581]

Nearly there - pressing the SUBMIT button tomorrow. Do I reserve the right to charge interest? They then bring up a text box if I put yes asking me in include wording but with the particulars Lats sent me the extra wording won't fit in. What would the daily interest rate be? With the particulars Lats sent does it cover this as it refers to Section 69 just doesn't say anything about what I am going to charge as a daily rate from the point of the claim.

 

Sorry to be so dependant...

 

For all of you out there in my shoes MCOL isn't as daunting as I thought it was!!

[nettyg]

yes you reserve the righ to charge interest

[lateralus]

yes, on the interest.

that's why i put on my partics for example that i send out - i didn't put it into the claim and i didn't get it back - so, you need to fit in "and interest at daily rate of (charges w/o interest x 0.00022) -mine would have been about 40pence a day on charges of 1800 as an example.

[Castlebest]

Candice, told you so

 

pete

[Candice27581]

I'VE DONE IT!!!!!!

 

NOW WHAT HAPPENS? IS THERE ANYTHING ELSE I CAN PREPARE AS I AM SURE THEY ARE NOT GOING TO SURRENDER JUST YET?

[lateralus]

in a few days you will get a notice of service - check the date - they get 14 days from that date to acknowledge -

when they acknowledge - you get a notice of acknowledgment from the court - then they have another 14 to file a defense - 28 in total from the service(issue) date.

 

 

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:

 

 

 

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. DG's details will be listed on page 2 of the ack.

 

 

 

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,

[Candice27581]

Sorry if I am being a bit slow... when you say once I have filed my claim send 2 copies to the court do you mean send it now or wait until I have had my acknowledgement-I am assuming wait until I have had my acknowledgement so that I have an exact address to send it to. Am I right?

 

It's all go at this end... can't beleive it has gone this far.

 

Have you had your money yet Netty?

[Castlebest]

You will have to wait until you get your Notice of Acknowledgement in the post before you send DG your details but there is no reason why you shouldn’t send a copy to the court now if you want.

Netty's had 2 pay outs now but she’s greedy

pete

[Candice27581]

It gets like that, I'm looking through old mortgage redemption statements to see if there are any charges, I have applied for copies of all statements for every card, account and loan I have ever had. THese lenders/banks are not going to know what has hit them!

 

I am quite happy for HSBC to take as long as they want because it is more money in my pocket!

[lateralus]

i think that's the best attitude to take - if you can - wait them out - they will pay!

[Candice27581]

I work for a solicitors who deal with remortgages for C&G and Chelsea Building Society. We generally transfer peoples debt into a mortgage and secure it to their property. I was calling Halifax the other day for a redemption statment and going through the options as you do and it said press 1 if you are calling regarding the FSC announement regarding administration charges. Do you know what this is? Does it mean they are finding a loop hole out of this?

[givememymoney]

I doubt it basically the charges are unfair there isn't a loop hole for that. You shoud have pressed 1 to find out!!!!

[Castlebest]

When the OFT published their report into credit card charges they said they thought the cost was about 49 pence per transaction and the card companies should not charge more than £12.00 (this is still just under two thousand five hundred percent mark up.. nice work if you can get it).

 

Since then the credit card companies have been claiming £12.00 as an accepted cost and even some judges in Ireland have now accepted this. IT’S NOT.

 

I assume the Banks have got either a pre-published copy or a leaked copy of the OFT report into bank charges and are setting out their stall to do the same.

 

TWO THOUSAND FIVE HUNDRED PERCENT is NOT an acceptable mark up for a high street business it amounts to nothing more than theft from those who are least able to pay and we should continue to demand disclosure of the banks costs ignoring any theoretical figures the OFT publish and the banks try to use as "proof" of fair trading.

 

pete

[Candice27581]

I thought I was into my forth week but it looks like the acknowledgment of service was dated 29th March so I am only just over 2 weeks into it. Still not heard a thing though. Is there anything I can do to push it forward.

 

What is the next step?

[givememymoney]

Not much you can do to speed things up at this stage. The next steps are covered by the following links:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

Or

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

[nettyg]

have they entered a defence yet candice or you still waiting.... i know this bit seems to last a lifetime while your'e waiting!!

 

all good things come to those who wait... and all that!!! lol

[Candice27581]

Hi Netty

 

Just been looking through other forums for your responses. They seem really helpful so I'm glad you've dropped a line on my thread.

 

I am going to sit over the weekend an add more charges from February which was when I first filed and now as my accounts are in a bit of a mess and I think HSBC have been a bit happy with the charges - got married in Jan and had rather of an expensive honeymoon, to top it off started new job and have to wait 6 weeks for pay day.

 

never mind - as you said all good things but I'm hoping to pay my car off with it which will save me having to sork a second job. All in all I think I have worked a second job over the past 7 years just to pay bank charges. What a joke!!!

[pinkduchess]

Hi Candice - I filed my MCOL on 20.3 so we're almost on the same timeframe.

 

good luck with yours

[Candice27581]

And to you too.

 

Keep in such and we'll compare and support each other x

[pinkduchess]

will do

[nettyg]

Hi Netty

 

Just been looking through other forums for your responses. They seem really helpful so I'm glad you've dropped a line on my thread.

 

I am going to sit over the weekend an add more charges from February which was when I first filed and now as my accounts are in a bit of a mess and I think HSBC have been a bit happy with the charges - got married in Jan and had rather of an expensive honeymoon, to top it off started new job and have to wait 6 weeks for pay day.

 

never mind - as you said all good things but I'm hoping to pay my car off with it which will save me having to sork a second job. All in all I think I have worked a second job over the past 7 years just to pay bank charges. What a joke!!!

 

if you are going to change your claim figure with mcol it will cost a further £35 non refundable and also, you would have to file the claim all over again. i would file a seperate claim when this one's done and dusted.

[Candice27581]

Will do - going through bank statements and they have been really nice - what do you know, no bank charges for unauthorised OD!!

 

Get this - when sending my claim I also done a claim for my husband, I sent the initial letter and then the LBA but didn't proceed to take action as couldn't justify 2 lots of £120 if it didn't go through. He had a letter in the post this morning saying they would pay up £782.00!! and I'm still waiting. I am hoping that this is because I am owed almost £4000.00 now with interest and court costs - well at least I hope so.

 

Have you heard anything pinkdutchess??

[pinkduchess]

hi candice - well they've entered a defence but not had any paperwork through yet. I'll start nudging once that comes.