mia_angel vs HSBC

[mia_angel]

Thanks to the advice here and the MSE site I started the ball rolling, but with some issues welcome your thoughts...

 

- Parachute account set-up

- Prelim letter sent 26.02.07 (received 27.02.07) for nearly £3k

- LBA to be posted 12.03.07 (tommorrow hurrah!)

 

But I've had another £150 worth of charges (and I also missed a charge off by accident which I found on rechecking my statements) added since I sent the prelim letter and list of charges - is it ok just to send a revised amount in the LBA and the list of charges calculation if I explain why?

 

Then I had 2 days of missed calls from HSBC call-centre - basically to demand a card payment or they'd bounce a cheque that was due out the next morning as I'm over my overdraft limit - now I've previously asked about increasing my limit before (it's only £200) and they've refused every time... however this time I launched into the fact that as I was actually in the process of pursuing them for their patently unfair charges that I would just add their inevitable returned cheque charge to my claim - at which point there was a bit of silence and a sudden change in their approach with the comment:why didn't they look at increasing my overdraft limit so they didn't have to bounce the cheque after all!!!!!!!!!!!!!!!!!

 

So their staff were 'suddenly helpful' by offering to increase my OD limit by £500, but ridiculously still conditional on my agreeing to pay a £25 charge with the comment that 'their hands were tied' on this point. I did say this would just complicate matters re my current claim for charges and that they were forcing me to agree as the alternative for me was the embarassment of them bouncing my cheque and having more charges to claim back!

 

My LBA goes out tommorrow, do I have any grounds around the £25 charge or shall I plough on regardless?

 

mia

[VeryTrying]

Yes, add the new and forgotten charges to your list of charges and head the page REVISED list of charges. Then change the total in the letter.

 

I wouldn't bother explaining what you are doing - they don't actually read the letters anyway! Just stick to the standard LBA letter. Good luck tomorrow.

 

.

[mia_angel]

Thanks VT, just needed to know that before I could send it out tommorrow - can't wait for the next 14 days to be over

 

-mia -

[nettyg]

i think they may class the £25 as a fee for a service they have provided in giving you the overdraft... i may be wrong!

good luck with your claim... stick to this site from now on or the information can be confusing/conflicting.

[Castlebest]

You can revise your schedule right up to the point you commence proceedings (MCOL or N1) but obviously confirm the revision, no need to alter the dates you have in your time table as these are just revisions to the value not the fact that they are unlawful and you want them all back.

Think netty might be right about the overdraft arrangement fee but no harm in putting it into your schedule HSBC or the solicitor will take it out if they don’t agree when they make you an offer (gives them something to say they have done right) on the other hand its only £25 and we should be as right about what we do as we can be.

pete

[mia_angel]

Thanks Pete and Netty - I left it off.

Posted the LBA today so countdown now to likely MCOL on the 26th March...look out for me I'll probably need your advice again nearer the time.

 

Netty you're right I'll stick to the one site, it's tricky enough as I'm spending hours every day just on here to catch up and stay abreast of the developments!

I did use the charges calculator from MSE site though as that's where I started - hopefully that's ok - I might just check out the CAG spreadsheet here to see if it differs wildly.

Which is a point... Pete if it gets to MCOL stage is it usual to run the charges calculation again so you're submitting the latest possible figures (particularly as you're then applying and adding the 8% interest?) or do I just stick with the figures and calculations from the dates I used for the LBA posted today? Sorry always so many questions...

 

-mia-

[nettyg]

a lot of peeps (including me) did the initial s/s from mse. only problem with that is, when you send your spreadsheet to mcol/dg solicitors they will want a complete breakdown of charges. you'll need to enter what each charge was for, how much, date etc so for now don't worry that you've sent that one, but complete the 'england - simple excel spreadsheet from the link below. it's easy to do.

 

6. Interest calculation spreadsheets

[mia_angel]

good to know, I'll get on to it in preparation for 26th - thanks so much Netty

-mia-

[Castlebest]

The CAG spreadsheet calculates interest to the date you open it i.e. it recalculates automatically to today’s date so yes when you submit on the CAG spreadsheet it will be up to date anyway. I cant speak for the MSE sheet because I’ve never looked at it.

One point, keep a copy of the spreadsheet from the day you submitted your claim (MCOL day) because you will be adding interest at £ 0.xx per day from then on not as a percentage. Most people don’t need to look at their spreadsheets again after submitting their claim but it makes sense to have a copy of what you actually sent to hand.

pete

[mia_angel]

Thanks Pete

 

-mia-

[mia_angel]

Hi update time, I'm at MCOL stage today does the paragraph below sound ok?

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07

1. The Claimant has an account xxxxxxxx with the Defendant, opened August 1989 2. Since 29/06/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £3058; (b) Interest per S.69 County Courts Act 1984 of 8% - £520.32continuing at 8% until judgment or settlement at a daily rate of £0.67; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

What do I answer to this section?: Does or will your claim include any issues under the Human Rights Act 1998?

 

and should the address for HSBC be the Canada Square address?

 

I'm nervous but excited to get this far!!

Thanks -mia-

 

 

 

 

[nettyg]

Hi update time, I'm at MCOL stage today does the paragraph below sound ok?

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07

1. The Claimant has an account xxxxxxxx with the Defendant, opened August 1989 2. Since 29/06/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £3058; (b) Interest per S.69 County Courts Act 1984 of 8% - £520.32continuing at 8% until judgment or settlement at a daily rate of £0.67; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

What do I answer to this section?: Does or will your claim include any issues under the Human Rights Act 1998?

no it doesn't so tick the box to that effect

and should the address for HSBC be the Canada Square address?

yes that's correct

I'm nervous but excited to get this far!!

Thanks -mia-

 

good luck mia

[Castlebest]

Good Luck Mia, nothing to be nervous about we are here for any questions. It actually gets pretty boring after MCOL, once you have received the notification of issue and notification of acknowledgment from the court and sent copies of your claim to the court and DG there is nothing to do for 28 days, bit of an anti climax

pete

[mia_angel]

It's done! MCOL started...Thanks Netty and Pete for getting back to me so quickly.

 

Could you just remind me who I need to send copies of what documentation to and when...

 

Pete, my life way too exciting as it is I can't wait for the boring bit!

 

-mia-

 

 

 

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• MCOL registered (14 days completed) Monday 26.03.07

[givememymoney]

Once your MCOL is acknowleged in a few days you can send a couple of copies of your charges breakdown to the court in Northampton and to DG (HSBC solicitor)

[lateralus]

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,

 

 

 

 

 

next:

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 acknowledgment where they tick their intention to defend. once they acknowl, they then have a total of 28 days to file a defence - counting from the date of issue - found on the first paperwork from the courts which you'll get in a couple of days.

 

 

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

[mia_angel]

I got that and will follow it,

 

thankyou people don't know how I'd get through without this level of support...

 

will just have to make a contribution to the site if it all works out!

 

-mia-

[Castlebest]

That’s the sprit, none of us would be here with all this brilliant information and support if it wasn’t for the people who have won before us and made a donation.

Lets all keep it rolling for the people who are following

pete

[mia_angel]

Hi guys, moving forward at last:

After I registered for MCOL on 27.03.07, got a letter saying it was posted to HSBC on the same day and would be deemed to be served on Sunday 01.04.07 (yesterday). I've had the acknowledgment of service from DG already! (dated 29.03.07).

 

If so, the 28 days works out to be a Sunday 29.04.07 is that right? Then what time on that day should I be (hopefully if HSBC don't defend) aiming to push for judgement and can I do that on a Sunday?

 

Funnily, I'm getting calmer about doing this the further it goes...

 

-mia-

 

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07
  
• MCOL issued Tuesday 27.03.07
  
• Sent 2 copies of charges breakdown to Northants County Court by special delivery Tues 27.03.07
  
• MCOL letter received with date of service as Sunday 01.04.07
  
• HSBC Acknowledgment of Service of claim filed on Thurs 29.03.07
  
• Send copy of charges breakdown to DG solicitors by special delivery Mon 03.04.07
  
• HSBC deadline to enter a defence Sun 29.04.07

[Castlebest]

Mia, DG (the solicitors) will defend (if they get a chance). Over the last few days a new pattern has emerged, we think the courts could be short circuiting the system to reduce their work load. Read this thread but dont be alarmed by my comments its actualy good news because it should force DG to make more offer's faster.

 

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

 

pete

[mia_angel]

Mia, DG (the solicitors) will defend (if they get a chance). Over the last few days a new pattern has emerged, we think the courts could be short circuiting the system to reduce their work load. Read this thread but dont be alarmed by my comments its actualy good news because it should force DG to make more offer's faster.

 

 

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

 

 

pete

 

 

Hey Pete, I'll be ready for that, (for them to defend), as you say it is likely. Thanks for your link, will be looking at this new development with interest and what your thoughts on it are!

-mia-

[Castlebest]

Its very new, I’m sure the district judges are behind it and until we see what they send out from everyone’s local courts we wont know exactly where we are but my initial thoughts are its a good thing because they are trying to stop all the silly messing about the solicitors seem to think is necessary. watch this space.

pete

[mia_angel]

Hi, update at last - I've been checking MoneyClaim online daily as the HSBC deadline was coming up this weekend and finally today it's changed to show that defence has been entered... I haven't had any paperwork yet re court transfer so I'll let you know what turns up in the post...

-mia-

 

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07
  
• MCOL issued Tuesday 27.03.07
  
• Sent 2 copies of charges breakdown to Northants County Court by special delivery Tues 27.03.07
  
• MCOL date of service Sunday 01.04.07
  
• HSBC Acknowledgment of Service of claim filed Thurs 29.03.07
  
• Send 2 copies of charges breakdown to DG solicitors by special delivery Mon 03.04.07
  
• HSBC deadline to enter a defence Sun 29.04.07
  
• HSBC Defence entered on moneyclaimonline Wed 25.04.07

[mia_angel]

Hi all,

 

My local court requested an AQ to be completed by Wed 30th May and I dropped it off personally on the 30th (with a draft order for directions) and paid the £100 fee.

 

I rang today to check if DG had filed theirs so I could send another nudge letter but was told the court had a backlog and were still logging AQ's from 25 May...so mine isn't even on the system yet and probably won't be until the end of this week - consequently don't know yet if DG have filed either and can't find out the the next steps to take yet. I'll just have to be patient again I guess....

-mia-

 

· Prelim bank charges reclaim letter posted special delivery Monday 26.02.07

· Received by HSBC Tuesday 27.02.07

· Send LBA (14 days completed) by special delivery on Monday 12.03.07

· Received by HSBC Tuesday 13.03.07

· HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations

· Send MCOL (14 days completed) Monday 26.03.07

· MCOL issued Tuesday 27.03.07

· Sent 2 copies of charges breakdown to Northants County Court by special delivery Tues 27.03.07

· MCOL date of service Sunday 01.04.07

· HSBC Acknowledgment of Service of claim filed Thurs 29.03.07

· Send 2 copies of charges breakdown to DG solicitors by special delivery Mon 03.04.07

· HSBC deadline to enter a defence Sun 29.04.07

· HSBC Defence entered on moneyclaimonline Wed 25.04.07

· Notice of transfer of proceedings received from Northampton County Court Fri 05.05.07

· 1st nudge letter sent to DG solicitors Thurs 10.05.07

· Notice that a Defence has been filed and AQ to be completed by 30 May received from local court dated Thurs 10 May

· AQ filed with draft order for directions and £100 fee at local county court Wed 30 May

· Copy of AQ with draft order directions, nudge letter and breakdown of charges by special delivery to DG solicitors Wed 30 May

 

[mia_angel]

I rang my local court and they've finally logged my AQ today (my deadline for submission was the 30th May) hurrah - so it's on!

 

They told me HSBC didn't submit theirs for the deadline (what a shock) so the court is giving them till this Friday 8th June and then the Judge will decide how to proceed depending on whether they do or don't file....

 

At last things should start moving towards an outcome - I can't wait

-mia-

 

• Prelim bank charges reclaim letter posted special delivery Monday 26.02.07
  
• Received by HSBC Tuesday 27.02.07
  
• Send LBA (14 days completed) by special delivery on Monday 12.03.07
  
• Received by HSBC Tuesday 13.03.07
  
• HSBC (Prelim) acknowledgment letter received 15.03.07 (dated 08.03.07 sent 2nd class) looking into matters will contact you with a full response as soon as I have completed my investigations
  
• Send MCOL (14 days completed) Monday 26.03.07
  
• MCOL issued Tuesday 27.03.07
  
• Sent 2 copies of charges breakdown to Northants County Court by special delivery Tues 27.03.07
  
• MCOL date of service Sunday 01.04.07
  
• HSBC Acknowledgment of Service of claim filed Thurs 29.03.07
  
• Send 2 copies of charges breakdown to DG solicitors by special delivery Mon 03.04.07
  
• HSBC deadline to enter a defence Sun 29.04.07
  
• HSBC Defence entered on moneyclaimonline Wed 25.04.07
  
• Notice of transfer of proceedings received from Northampton County Court Fri 05.05.07
  
• 1st nudge letter sent to DG solicitors Thurs 10.05.07
  
• Notice that a Defence has been filed and AQ to be completed by 30 May received from local court dated Thurs 10 May
  
• AQ filed with draft order for directions and £100 fee at local county court Wed 30 May
  
• Copy of AQ with draft order directions, nudge letter and breakdown of charges by special delivery to DG solicitors Wed 30 May
  
• Extended deadline for HSBC to submit AQ Fri 08.06.07