Cornucopia V Hsbc

[Cornucopia]

if you are reclaiming o/d interest then yes, but dont forget you cant get all of it back only the proportion of it which is a direct result of the charge being in your overdraft

 

Good Lord! Has anybody told you you are the spit of Tom Cruise!!:grin:

 

Joking aside, thanks for response. I have to assume I did the spreadsheet correctly. It said enter charge, then enter interest. The only interest amount was on the next line to the charge and debited the same day. It then automatically shows (I believe) the proportion of overdraft interest. 8% added automatically on next page.

 

I can't see how else you can do it. I hope it is right, I SO don't want to screw this up!

[maverik1979]

could you post a link to the spreadsheet that you used please?, just want to double check

[Cornucopia]

could you post a link to the spreadsheet that you used please?, just want to double check

 

Yes, of course, here it is, Spiceskull gave it to me. V. easy to use and amazing how it all adds up to be honest :

 

www.bankactiongroup.co.uk/files/TEMPLATE.xls

 

First page notes, next page calculations, next page 8% interest. Vampiress did it and it is very very good! I have done it and printed it ready to send with my MCOL claim and my LBA. Will be interested to hear what you think! Apparently this is the more complicated version but I found it very easy to use, however, I do accounts and am used to Excel spreadsheets but it really is a case of just entering the info and it does the rest.

[Spiceskull]

Yes - you claim the interest that they put on your statement, unless it is itemised in such a way as you know the pro-rata rates. If you don't, and the interest is just one figure, then put this in your letter. It is arguable that the fact that you are overdrawn to start with is down to penalty charges...

 

Regarding the 8% bit - this is NOT to be used until you raise your claim. The 8% is pursuant to s.69 of the County Courts Act 1984, and ONLY kicks in once the courts are involved.

 

Sorry about my previous post - looking back it seems a bit sarcastic - it was not intended to be so...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Cornucopia]

Yes - you claim the interest that they put on your statement, unless it is itemised in such a way as you know the pro-rata rates. If you don't, and the interest is just one figure, then put this in your letter. It is arguable that the fact that you are overdrawn to start with is down to penalty charges...

 

Regarding the 8% bit - this is NOT to be used until you raise your claim. The 8% is pursuant to s.69 of the County Courts Act 1984, and ONLY kicks in once the courts are involved.

 

Sorry about my previous post - looking back it seems a bit sarcastic - it was not intended to be so...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

 

 

Sorry, have had to leave this for a few days, other stuff to deal with. I am still confused about the LBA. I wrote a letter that said this pretty much :

 

Dear Mr Blah,

 

Thank you for your offer of £xxxx. I will be pleased to accept this as an interim payment, however, I must inform you that I will be pursuing the bank for the remaining £xxxxx.

 

I will give the bank a further 7 days to reflect before I pursue my claim in the county court.

 

YS

 

Cornucopia

 

(or words to that effect!). Why do I now have to do an LBA? I would have said my letter is pretty clear. 7 days or bosh! I haven't had a response either!

[Spiceskull]

Sorry, have had to leave this for a few days, other stuff to deal with. I am still confused about the LBA. I wrote a letter that said this pretty much :

 

Dear Mr Blah,

 

Thank you for your offer of £xxxx. I will be pleased to accept this as an interim payment, however, I must inform you that I will be pursuing the bank for the remaining £xxxxx.

 

I will give the bank a further 7 days to reflect before I pursue my claim in the county court.

 

YS

 

Cornucopia

 

(or words to that effect!). Why do I now have to do an LBA? I would have said my letter is pretty clear. 7 days or bosh! I haven't had a response either!

LBA? You have done this already, and they made an offer. You wrote back saying that you would accept as part-settlent. They have not responded to this. Therefore it is time to raise your claim.

 

Just before you raise it though, check that they have not dredited your account. If they have, then deduct this amount from your claim...

[Cornucopia]

LBA? You have done this already, and they made an offer. You wrote back saying that you would accept as part-settlent. They have not responded to this. Therefore it is time to raise your claim.

 

Just before you raise it though, check that they have not dredited your account. If they have, then deduct this amount from your claim...

 

Hi Spiceskull! How are you today? Hope all well. Thanks for responding. Actually the offer was in response to my preliminary request for payment and my letter was the response to the offer. It wasn't an official LBA, I imagined that they would reply to my response acceping an interim payment saying that they were sorry but they were withdrawing the offer. They haven't replied at all though! I felt that this was sufficient for me to go to MCOL as I told them they had 7 days to reconsider and then I would go to court. However, several people in the post above have said, no, do an LBA. Aaaarrrrgggggghhhhhhh!!!

[maverik1979]

best thing to do is stick with the tried and tested method, i.e stay truthfull to your timetable, because, you said in your preliminary that you effectively dont want to go to court and you would rather resolve this ammicably, to that end i think that you must stick to what you've already told them, so send an LBA, but as spice says make sure they havent already credited some money to you

[Spiceskull]

Confusion reigns supreme...and I have suffered from the heat of the day. The order for letters, that needs to be stuck to, is:

• Prelim - 14 days
  
• LBA - 14 days
  
• Claim

Everything else is a sideshow. As Maverick says, you do need to stick to the timetable. On claim day, they will have done one of three things, and which one that is will determine your action:

• Ignored your request - claim full amount
  
• Part settled - claim for the balance (check account before raising claim)
  
• Settled in full - do not raise claim

Good luck.

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Cornucopia]

Hi guys,

 

Update on my claim..............

 

I sent an LBA to HSBC after they did not respond to my acceptance of an interim payment with promise to pursue the rest.

 

The very next day I received an increased offer which is about £200 short of the actual claim.

 

I don't want to accept this because I feel it should be the whole amount plus interest.

 

However, today there is an article in the Daily Mail stating that there are now two cases that have been referred to the Mercantile Court and that a test case will be heard at the end of the year. The article states that this is likely to set a precedent and that claims will start being put on ice. It says that while no banks have yet defended a case and left it til the 11th hour to back down, they will now start messing about basically. It also says that there is going to be a statement on the closing of accounts after customers have made a claim. The banks must clarify their position of this. I have emailed the details to Bankfodder so that he can decide if he wants to post the article.

 

I am frightened that I will lose out completely and am now tempted to accept the higher offer and forget the £200.00.

 

If anybody feels I am being a wuss, then please tell me! I am trying to get my Gladiator outfit back on! (it's very fetching, I promise!!!)

[maverik1979]

i cant tell you you're being a wuss, then you lose out on your money because of a wait for a test case, but we still dont know what effect if any this will have on us in the immediate future

[Cornucopia]

i cant tell you you're being a wuss, then you lose out on your money because of a wait for a test case, but we still dont know what effect if any this will have on us in the immediate future

 

Oh dear! Not like you! Was expecting an "all guns blazing" response!

 

Bankfodder has very kindly replied to my very unnecessary PM about the article which has already been posted (I was looking in the wrong place!).

 

His advice is that I should continue through with the claim, so I am going to do that. Now, where's my shield????!!!

[maverik1979]

yeah, go get 'em, dont take no shim

 

i was going to say that you are as well to continue until you hear anything to the contrary

[Spiceskull]

Yes - continue. There are only two courts (to date) that have stayed claims pending the so-called test case. It is very unlikely that this will apply to you at the moment. Good luck.

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[Cornucopia]

Hello everybody,

 

An update.........

 

It has felt like forever but my 14 day deadline in my LBA to HSBC has passed and I am now in a position to go to MCOL. Am a bit shaky!!!!! Haven't been on the site for a little while as I have been v. busy and therefore have lost my warrior feeling! However, full steam ahead..............

 

I have mentioned this on my Halifax thread as I am due to go the MCOL with them aswell but could anybody point me in the direction of wording for MCOL, I can't find anything, prob because I am tired and it's v. late!

 

Come on love, get a bloody grip...........!!!!

[un1boy]

On moneyclaim you are limited to 1080 characters and 24 lines

This should fit, but you might need to tidy it up.

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00022).

 

[Cornucopia]

Hi everybody,

 

I just wanted to update you. As I was about to go to MCOL, HSBC made me an extremely near offer of settlement to both the accounts I was claiming for. As they were selectively bouncing direct debits such as the car payment and Council Tax and basically making our lives hell, I decided to accept to get them off my back.

 

I realise that this is against the spirit of the site, however, things were getting pretty desperate and it is only with HSBC that I was prepared to do this. They have my life in their hands unfortunately. It means that my overdraft will be at a much healthier level and I have a chance of getting back on my feet.

 

I hope you will all understand! However, please keep an eye out for my Halifax thread etc as I have no intention of doing this again!

 

I am so very grateful for all the help I have received from everybody and will be making a donation as soon as money is in account.

 

Could a mod help me put this thread in the right place now that it is settled?

 

Thanks so much!!!

[un1boy]

That's great - we understand. Everyone's claims are exactly that - theirs!! You have to look after yourself and if it means you take this part setllement, take it!!

 

At least you got this far!

 

Hope you get yourself on your feet soon.

 

Well done!!

[Cornucopia]

That's great - we understand. Everyone's claims are exactly that - theirs!! You have to look after yourself and if it means you take this part setllement, take it!!

 

At least you got this far!

 

Hope you get yourself on your feet soon.

 

Well done!!

 

Thanks Un1boy! It really was a very good settlement, I am actually only about £60.00 down over both claims and my claim was quite large so I am happy with that under the circumstances. Had I not been so desperate to get funds into my account and quickly, I would have seen it through. I intend to see my other claims through to the bitter end as they are not so life-threatening and don't affect my day to day life.

 

All I need to do now is sort out all the bloody cancelled direct debits and all the hassle that goes with that................nightmare! Thanks again!

[Tinkerbelle]

Well done and don't feel bad about it.

 

Congratulations

[un1boy]

No problems at all, I know what it's like being in the debt that much. As long as it helps you get yourself sorted, then it's all worth it!!

 

Well done!!

[Cornucopia]

Well done and don't feel bad about it.

 

Congratulations

 

Thank you, you're all lovely!!!! :D:D

 

PS : Special thanks also to Spiceskull, who has been an absolute star! x

[angela1606]

way to go well done on your win

[Cornucopia]

This topic was closed on 10 March 2019.

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