Hello.... My claim

[devilgirls1]

hey everyone..

 

just been on MSE and been told to come on here and let everyone know what stage i'm at.. here goes

 

my claim is aginst HSBC on a bank account i closed in January 2005

 

- DPA letter sent on 27th april

- received reply 5th may and they never took the £10 (the letter said they were happy to waive any fees)

- calculated all the charges comes at £1065.50 (without interest)

 

 

bit confused now and i have read the FAQ's but didnt see answer anywhere. do i claim the interest back for when my account was overdrawn, some of the interest charges are £80's.

 

will be sending the first letter for payment in the next couple of days.

 

 

thanks

[jonni2bad]

Hi, welcome aboard.

 

There is often a lot of confusion regarding interest - not least because there are effectively 3 types that are referred to....

 

1) You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

 

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

The choice is yours........

 

2) If your case gets to the stage of court action, AND ONLY IF IT DOES, then you may claim 8% interest on each and every charge made - this is also from the DAY the charge occured.

Use the spreadsheet in the FAQ section (or the new online calculator) which works this out for you - very simple indeed.

 

3) Additionally, we can finally complicate matters by sticking on interest on a daily basis from the time the court case is started until settlement.

There is also a calculation for this in FAQs

 

Good luck

John

[devilgirls1]

thanks for the response..

 

bit worried about another problem i have, the account was in joint names at the time of closure (ex- idiot) but never did any of his money go in to my account, we only did it bacause we were goning to buy a house, do i use both our names on all correspondence or just mine and if i do get my money back can i request that it be made in just my name or if the cheque is in joint names will i be able to pay it in to my bank (just my name on account).

 

thanks

[jonni2bad]

I'm taking Halifax on, it was a joint account and I have only ever used my name in the letters. They respond to both of us (i.e. name us both on their responses) but I've never had to get another signature.

 

I think the only time that might change is on an account where both signatures were required to make any kind of transaction.

 

John

[sparol]

I was worried about the joint account thing with my claim against A&L because the moneyclaim website is for individuals. All of the correspondence was sent jointly but I made the claim in my name. When the cheque arrived although the claim was in my name it had both of us as payee so we could only pay it into the joint account.

[devilgirls1]

what if i instruct HSBC to send the cheque only in my name.. do you think that will work?

[Don Quioxte]

what if i instruct HSBC to send the cheque only in my name.. do you think that will work?

 

suggest you concentrate first on recovering the money.. that is to say proving the charges are unlawful and receiving the offer of a full refund.

 

If they issue a cheque I am sure it will be preceeded by advice of remittance, at which point you can liase with them as to exactly how you wish the monies to be paid. Bearing in mind that if you no longer hold a joint account and they have been corresponding only with you with regards this matter it is more than likely that they will issue any payment in sole favour of you.

[devilgirls1]

update- received a letter on the 15th june offering me £960.00 of the £1065.50 and that was after only the first letter of request.

 

what shall i do guys?

[maverik1979]

as always its up to you and how much you really want the extra money, it is bloody close though, dont forget though you get 8% interest if you win after a court claim has been issued

[devilgirls1]

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