Anne26 V HSBC

[Anne26]

Hello

 

I'm new here. I sent off my first letter on 26/02/07 claiming a total of £1162.55 of bank charges (this includes the interest on penalties, not the 8%). I've obviously not heard anything yet, just waiting for the 14 days to be up and I'll sent the 2nd letter.

 

Looking through all of the stories it seems like this is going to be a long process, but should be worth it.

 

I've opened a parachute account just incase they close mine. But i'm a bit worried about a loan I've go with HSBC, does anyone know if they can close that down, because there is no way I can pay that in one go.

 

I'm a bit nervous, but glad i've started it now!

[nettyg]

you are only claiming on your account, so won't affect the loan

take a good read at as many threads and faq's, and if you have any questions/doubts, we're here ok

good luck

[Anne26]

That's a relief, I feel a bit more confident now. Thanks

[Anne26]

I addressed my letter to

 

Dyfrig John

Chieft Executive

HSBC BANK PLC

8 Canada Square

London

E14 5HQ

 

I can see that a lot of people have addressed it to Coling Langdale. Should I start again and send him my letter?

[nettyg]

no, it will get to the correct department wherever you send it. no need to start again.

good luck

[Castlebest]

I think Dyfrig is a much better name than colin

 

pete

[pinkduchess]

or even Coling !!(see post 4)

[Castlebest]

thats sooo close to colon.... mind you some of the letters colin writes so is he

 

pete

[Anne26]

Ok, the first 14 days are up so I've just posted the 'Letter before Action' letter.

[nettyg]

now that you've posted the lba, start looking around the mcol site so you understand what you have to do next. magic thing about mcol is, you can go into it anytime you like and alter it right up until the moment you submit your claim. register with them now and start entering your details.

good luck

 

Money Claim Online

[Anne26]

Thanks nettyg, I'll do this now, you seem to know everything!

[Anne26]

Hi there, a bit of advice if poss.

 

In regards to the statement below (part of the LBA letter) do I submit a complaint to the OFT only if HSBC don't reply to this letter?

 

The FAQ section advises not to make empty threats so I want to make sure that I do everything I need to.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

[nettyg]

i should forget the blue bit at the bottom unless you are willing to carry it out

[Anne26]

I've already sent my letter off now, so I guess I'll have to make the complaint. Have I just made more work for myself?

[Anne26]

Hi all

 

I sent off the LBA 13 days ago and recieved a standard letter from Colin Langdale yeaterday, giving me the old 'I am looking into the matters you have raised....etc etc'

 

Tomorrow I'm going to submit my claim on mcol.

 

Just after some advice 1st though....since I started all of this I've had some more bank charges. Can I add this extra amount at this late stage, and if I can do I need to send the bank another letter before submitting a court claim?

[nettyg]

hi anne

yes, filing and submitting with mcol is the last opportunity to include all the charges you have had since your letters. after you submit your mcol tomorrow, all correspondence will be to dg solictors. it's up to you whether you send hsbc a revised schedule - i'm inclined to think why bother!! you'll be sending your schedule to dg in a few days in any case.

all the best

[lateralus]

any probs fitting it into the particulars box - i'll post you mine as another example to add to the one in the library.

[Anne26]

Thanks guys, just got home from work so here goes.

[Anne26]

I've just filled in the 'Particulars of claim' on MCOL, just underneath it there is a secton which asks:

'Does or will your claim include any issues under the Human Rights Act 1998?'

 

Does anyone know if I say yes or no?

 

Thanks

[lateralus]

no

[Anne26]

Thanks for that Lat, your PM has really helped

[Anne26]

Thanks Lat, your PM really helped. I've submitted my claim on MCOL now. I remember bein at the PRELIM stage and thinking that this stage was ages away. It's all a bit real now.

[lateralus]

and you'll feel good when you press that button.

 

 

here's some more info for after you file:

 

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,

 

 

then:

 

 

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.

so first, you 'll get the notice of issue and that date - the issue date - is the date you count from - and after they acknowle. it's then a total 28 days they have to file a defence from the issue date.

 

 

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,

MCOL Customer Help Desk

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

Fax : 0845-601 5889

[Anne26]

Thanks Lat

[nettyg]

keep popping onto the mcol site now and watch the status of your claim - you know you're in the 'system then', it makes it all the more real!! lol