HSBC gonna try to get charges back

[charliedog]

Okay - little bit more info please guys and gals!! The covering letter with the SOC is it just Dear Kate - claim ref xxxx ..Further to my county court claim against HSBC pls find enclosed Schedule of Charges ..also note the charges are still attracting 8% interest ...[charges x 0.00022 pd]

I shall ring you in a few days to ensure this has arrived safely and will also send it recorded for proof od delivery to you.

Yours Faith - etc xxxxx

[greengrocer]

Hi Charliedog

 

You've overtaken me now even though we were at LBA at the same time - I gave then an extra 10 days as they replied to my LBA with an offer, but then didn't reply to my reply! So, it's MCOL stage for me now, hopefully by the end of the week (I just emailed them to give them a little nudge, but it probably won't work).

 

Good luck with yours

GG

[pinkduchess]

charlie - you've done the one already to the court- yes?

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 on page 2 of the acknowl.

 

 

 

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,

[charliedog]

Thanks Pink D - yes notice of acknowledgement received - sent court ones when mcol filed and Notice of Issue received. Have e mailed Kate at DG with SOC but she's not confirmed receipt although nima21 said she has confirmed receipt of his sent 5 mins before me...sex discrimination is this you know!!! Or do they discriminate depending on the weight of the claim i.e. if its for a lot they hate you---- whereas if its smaller they don't hate you as much ?? Thanks for letter I'm gonna send it recorded anyway - I'll play Kate for the role of "superbitch" ...

 

GG keep in touch - we may all end up in court together !!

[pinkduchess]

all in order then.

 

no idea how they work - all a bit random to me.

[charliedog]

hope u guys are online tomorrow - still got till 10th June for DG and court etc but I've had a little letter [3 pages] from a guy at Leeds making me an absolutely pathetic offer of about 40% of what I am claiming for and they aren't offering 8% or court fees - will not acknowledge overdraft interest - and contest length time I'm claiming for - back to 1998 - re an act of 1980?? Also say I have had £60 back in charges - doh!! I didn't include the reimbursed ones and also didn't include the original charge so obviously they cancel each other out - but they don't supply dates or any further info...just kind of we are ready to go to court and fight you - you horrible person who is trying to get money from us - the great and holy banks!!! His name is Mark A Loker - I know from the CAG writeups that it is DG I want an offer from and not HSBC at Leeds - do I write to him and reject the offer and tell him my MCOL was filed weeks ago ..I've had no response from DG Kate Eaves at all - e mailed twice!! and sent SOC recorded...or do I write and say yes I'll accept as a partial payment of the full amount? Is it common jargon they have put in the letter "if your claim for a refund should proceed to go to court we therefore believe we would successfully resist any legal challenge in relation to fees that are set out in personal banking terms and conditions" due to costs etc we will offer £2474 in full and final settlement - due to time and costs etc costs we will not refund are overdraft interest [ well publicised so you knew what you were being charged !!] Charges applied over 6 years ago - NO we won't pay limitation act 1980 - interest - No this is not we consider "appropriate" ..If you don't like it - write to the Senior Manager at Leeds or we will go to the Financial Ombudsman and sod you !!

Any help or assisitance in this matter would be great ???

[wednesday1867]

charlie - you'll get Notice of Issue paperwork first from court - this tells you the date deemed served & you count your 28 days from this.

 

a few days later you get Notice of Acknowledgement - then you send the letter & SOC (including your claim number) to the address/contact on p.2

 

 

Sorry to jump in, i only got "Notice of acknowledgment of service filed"

 

Dont need the "Notice of Issue" for anything do i?

[lateralus]

no, you've been defended now - so you def don't need it.

[pinkduchess]

charlie - you have filed your claim now and are dealing with DG.

 

Do a part acceptance letter using one of the rejection letters (or a mix of two to suit your situation.

 

Rejecting Offers

[wednesday1867]

Top job cheers lateralus

[charliedog]

Thanks Pink D - have looked at rejection letters and I think NO 5 is the one - just needed confirmation that this is not a personal letter attacking my claim and that it is a standard thing they send to all claimants from HSBC... we coast along and then get this and ooh scary !!! And I suppose I can't use this if it gets to court cos its without prejudice ? It just seems from the way the latter is written HSBC seem so smug and sure ??

Shall I send a nudge to DG cos had nothing from them at all although send everything recorded and on email?

[pinkduchess]

hi charlie - dont worry just do the letter & concentrate on whats happening with the court & get ready to nudge Dg. My early offer from HSBC wasnt so detailed but each claim is different - im sure its not personal. you'll be fine.

[Castlebest]

Charlie HSBC have got a new guy to assist Uncle Colin and his drones, you have filed your claim he is too late.

All you want is a reasonable offer and now you want your filling fees and the 8% statutory interest on top... he missed the boat... who is the fool, aint you.

 

pete

[charliedog]

what would we do without u guys to help us Cheers Pink and Pete...

I'll drop him a line saying thanks but no thanks....perhaps he could ring Kate at DG for a chat!! I'll get a nudge letter to DG ready too - do you think it will affect my claim the fact that I have included charges from over 6 years - it was in 1999 and 2000 they really tried to bury me under their charges - nightmare years that actually do make you feel really ill and very angry - I even ended up remortgaging my house to recoup the mess they'd helped me get into too...the listening bank did not want to listen !!

[charliedog]

Ok - update - not had anything from anyone - do I keep checking the MCOL to see if anything has chnged, and also when will I know that DG have filed a defence? and also checking do I send nudge letter after defence filed? ...anyone heard if anyone has been successful in last few days ?

[Celicaman]

Dont be surprised if DG file late defence, its quite normal now. I filed on March 20th and have a hearing date in July, just sending 2nd nudge letter today as got that date last week.I hope they pay up before having to do Court Bundle a a waste of 600 pages of paper a they never turn up.

 

Must have missed your last page when i looked before.Will have a read later when got more time

 

CM

[Celicaman]

You can check MCOL by logging in same way as you registered with username & password, you can then see the progress of that and any other mCOL claims you filed

 

CM

[Castlebest]

Hiya Charlie, on your first notification of claim you had from the court there is a deemed served date, DG have 28 days to submit their defence from this date. (they have been filing defences late though)

 

After MCOL Northampton receive DG's defence your claim will be transfered to your local county court and you will receive a notification of this from Northampton.

 

pete

[Celicaman]

Yep as Pete says

He's my Mentor LOL

 

See some of your claim goes back past 6 years claims, i would start looking at WON claims going back past that and see what you are going to fight with as DG WILL try to say that anything pre six years is subject to Limitations act etc.and you need to be prepared for that.

Best one is Bongs thread for that, but there are others

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html

 

Start reading now and we should see you , what,,,,,,,,,, shall we say Wednesday LOL

 

Cm

[charliedog]

Thanks for this Pete and CM - yes my 28 days is up on 10th June - if DG have not filed a defence what do I do - contact the court and they will extend the deadline? CD

[charliedog]

Well today is the 11th June and my 28 days were up on the 10th and GUESS WHAT - yes HSBC have filed defence....defending all of claim..and also I have had an e mail from Miss Eaves eventually - saying quite officially that all claims are dealt with in receipt order [ load of baloney!!]

receipt as per date received etc [double baloney!!] we all know they are dealt with in ways most peculiar ..perhaps they wrap them up a bit like "pass the parcel" ?? Hmmm wait for transfer now and see what court I am given....anyone else won lately??

[lateralus]

oooh yes, will cosworth, corn flake and just watch threads for peeps congratulating peeps - that's the clue! and yours will be there one day soon!

[charliedog]

Hope so Lattie - and with such as you on our side we will get there !! I'll have a look at the other two threads ...cheer me up a bit whilst I'm waiting and STILL wading thru Bong's thread

[sharongina]

I know how you are feeling charliedog!

I have a direction hearing 28 June but have just sent in a draft order hoping the court will approve to try and speed things up, Ive heard didly booooooo from D&G they ignore all my correspondance it seems never ending but it will be our turn soon!!!! so keep:)

[charliedog]

Thanks sharongina - wonder if any has a court direction hearing coming up in next few days - be interested to know how it goes - have to scour the threads !! It does get people down when DG are so blatantly making us wait for nothing really - and I suppose thats why the courts are getting angry