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Ramsden Vs Hsbc


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Good afternoon all,this is my second time going after charges as having won against the halifax,so im trying to help my brother in the same way,ive sent the dpa off and ive got his last 6 years statements,just going through them and its alot different from halifax,he's got a couple that say over limit fee which sounds to me that i can claim for it, but just wanted to make sure before i went ahead with the first letter.any help is very very appriciated.

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Sounds like the equivilent of 'Excess overdraft Fee' which is a fee for 'going over your overdraft limit' so I would say definitely claim these. They're normally higher than simple OD fees so well worth including

Claim against First Direct - WON - 29th March 2007

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  • 5 weeks later...

Hi all,lba went off 14 days ago,just going to fill the mcol out now,weve still had no response from hsbc apat from them saying they are looking into the matter,ther time doesnt actually run out untill monday,will i still be okay to do the mcol today or should i wait untill monday,many thanks

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get it all filled out and ready to go - just wait until monday to pay and submit - you said you'd give them 14 days - so give them 14 days.

as you've done it before this is mostly old hat to you, let me know if you want a copy of my partics as another example though your own will probably do it.

 

once you've filed:

 

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:

 

 

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. dg's address will be on page 2 of the acknowl.

 

 

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,

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  • 2 weeks later...

Cheers lateralus,that was really helpfull,letter went of the other day, so just waiting the 14 days they have from the issue date fingers crossed now,cheers.

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  • 2 weeks later...
  • 4 weeks later...

Hi all, hsbc have filed for defence on the 10/05/07 abit unsure to what to do know,as my first claim didnt get this far,any help is much appriciated!!!!

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in a week or so you will receive a transfer to a local court and a copy of their defence - on the court side - see what the paperwork says and get back - on the dg side - this is when you start with the nudges to dg to encourage them to make an offer..... see this thread:New---after 28 Days - Maybe No Aq!!!!!!!

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  • 2 weeks later...

Hi all,sorry ive been on holiday for the past week and have come back and my brother has had a notice of transfer of proceedings? and on the front page it says ( please read the accompanying documents carefully and note that the allocation questionaire should be returned to the bury county court) but it is all crossed out and theres no questionaire? i have read the link that lateralus has sent me but am still really confussed,wondering if it is worth it all, any help is so much appriciated.

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are there any other directions from the court in the letter. if not - then they will be in touch eventually with probably a court date or perhaps some directions. whichever - the idea is all there in post 1 of that link.

 

what's happened it it has been sent to your local court and they aren't asking for an aq to be filed, so you wait - but while you wait - it doesn't hurt to send a letter to dg - there's one practically all done in post 1 - the first nudge letter - and send a breakdown with it - it serves to let them know that you know what's going on and it makes them get your claim out - dust it off and file the letter. should you later need a court bundle - it is proof that you are trying to resolve it. all in all a good idea to write at least a couple of nudges - so do one now and another after you've heard what the court says - they are just very backed up and it takes awhile to hear back from the local court - if you haven't heard anything in another 2 weeks - ring them and ask if there is anything you should be doing and ask if the allocation fee needs to be paid (with some local courts yes, and others no - it's a mixed bag - just ask to be certain).

 

looking at the overall pic - you are well over half way to your money - just need a little patience at this point.

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