Re: Oldjonah V HSBC

[maverik1979]

have you already sent in your preliminary request letter?

 

(hmm for some reason the server thinks i posted this before the original post)

 

look below first

[oldjonah]

Hand delivered my LBA to my local branch on the 19th. The cashier helpfully faxed it straight through to god knows where and then spent 15 mins talking on the phone.

 

Am hoping for a reply this week, although not holding out much hope of not having to do the small claims as the amount was £1100.

 

At least they haven't shut my account or come round and lynched me.....yet

[oldjonah]

Thats weird!!!

 

Yes did the prelim letter few weeks ago , had the standard we are looking into it response.

 

They have had the LBA for 5 days and yet to have a response. Makes life interesting though

[maverik1979]

they might offer you something like 40-50% and say that they cant do any more blah, blah blah, then its prob time fro mcol

[oldjonah]

Ok just recieved this, it appears to relate to the prelim letter not the LBA.

 

Dear Oldjonah

 

Thank you for your letter dated 5th May regarding charges on your account. I am sorry that you have had cause to complain.

 

You will appreciate that it is the responsibility of the customer to ensure that sufficient cleared funds are avaliable on an account to meet the items presented for payment. Where this is not achieved items may be returned unpaid, or the account be paid overdrawn with subsequent charges accrued in line with the bank's published tariff.

 

I would confirm that the contract between the bank and its customer is governed by HSBC's standard Terms & Conditions. In respect of unauthorised overdrafts, the relevant clauses are 6.1 to 6.6 and 8.12. In these circumstances, there is a process that involves that bank considering whether or not to pay the item. A fee is payable for this and the fess are as set out in the published price list.

 

We enclose a copy of the relevant Terms & Conditions and a copy of the latest price list (business price list??) for your information.

 

I can confirm that the charges have been correctly calculated and it is not the bank's usual policy to refund charges correctly applied in accordance with our published tariff. This being the case, no refund is due.

 

Naturally I would not wish to see you inconvenienced in this matter again, particularly as you can enjoy (! huh) charges-free banking when your balance is maitained in credit or within an agreed limit. The bank has a number of methods avaliable through which you can moniter your account.

 

Blah Blah

 

David L Johnson

 

 

 

This has confused me a bit, this relates to the prelim letter that i sent 5th May. The LBA was hand delivered on the 19th of May.

 

Do I just sit tight and do the court forms next week or what?

 

Has anyone else recieved this letter?

 

Any advice would be gratefully recieved.

 

Thank you

[maverik1979]

dont worry, its standard c**p , stick to your timetable, and you'll get whats yours

[oldjonah]

Why are some people being offered what they are claiming straight away and others do not even get a response?

 

Does it depend on who gets the letter?

 

Both the replies I have had said "forget it, your not getting your money back"

 

Just venting ppl

[oldjonah]

Come Friday I will be filling out the moneyclaim form as I have not yet recieved any kind of offer from the bank.

 

I have addressed all letters to my local branch and recieved replies from David L Johnson in Sheffield.

 

Should I do the moneyclaim to my branch, Sheffield or does it not really matter?

 

Just looking at moneyclaim now and for my sum of £1220 the court fees are £120. I didn't expect it to be this high.

 

Thanks all

[maverik1979]

if you file against your local branch, you will be assigned to your local court, instead of going to another miles away

[Spiceskull]

Come Friday I will be filling out the moneyclaim form as I have not yet recieved any kind of offer from the bank.

 

I have addressed all letters to my local branch and recieved replies from David L Johnson in Sheffield.

 

Should I do the moneyclaim to my branch, Sheffield or does it not really matter?

 

Just looking at moneyclaim now and for my sum of £1220 the court fees are £120. I didn't expect it to be this high.

 

Thanks all

If the claim is for over £1K, you pay the initial court fee plus an additional £80 allocation fee. Don't worry, if you include the fee on your claim form it will be refunded to you.

 

Good luc.

[oldjonah]

Ok.... I am hoping (but not expecting) for a reply from the bank in the morning. If not then I will be starting the moneyclaim complete with interest.

 

I'm a bit surprised not to have had any real response to my LBA as many other people seemed to have had a great deal of success at this point.

 

Thanks Ppl

[Spiceskull]

Good luck with the claim - you can deal with the DPA issue later...once you have your money back.

[oldjonah]

Moneyclaim is done and paid for. Can someone check this please, I put something along these lines and thats it. No interest.

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Just a little word of support that i have done this correctly please.

 

Thanks

[oldjonah]

Moneyclaim is done and paid for. Can someone check this please, I put something along these lines and thats it. No interest.

 

You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

You have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Just a little word of support that i have done this correctly please.

 

Thanks

[sopsps]

hiya!

I did MCOL last week and put exactly (nearly) what you have put - did you copy it from the Library section? Thats what I did - I found the limited number of letters/lines abit frustrating though cos I was asking for interest back as well, which meant I had to put an extra 5 lines of text in. So I had to delete some of the std phrase from the libarary section. I just took out bits that didn't refer to specific legislation.

I did mcol on the 1st June and received a letter from them the next day confimring receipt. The claim was issued at that stage, but was going to next stage today (sorry, can't remember for the life of me what the next stage is called - served maybe? ). So I am just waiting now, a bit nervous to be honest but hey - we're all in the same boat

best of luck oldjonah x

[oldjonah]

Thanks

 

You too, must confess I ummmed and ahhhhed a bit before doing this. I haven't claimed for interest as I felt it wasn't worth it.

 

Keep me informed of ur progress if you remember

[oldjonah]

Moneyclaim has been issued on the 7/06/06.

 

Do I just sit tight now for either a response or 14 days?

 

How do I know when the bank has recieved my claim?

 

Thanks

[Spiceskull]

Moneyclaim has been issued on the 7/06/06.

 

Do I just sit tight now for either a response or 14 days?

 

How do I know when the bank has recieved my claim?

 

Thanks

Hi - sorry it took a day or two to reply...for some reason it has been a little busy of late.

 

Your claim particulars were fine (encourage encourage) although I don't understand why you are not claiming the s.69 interest...

 

You raised the claim, the courts system will issue you with a claim number, then they will serve the claim on the bank a few days later. They will confirm this to you, so for now you don't have to do anything.

 

The bank has 14 days from the claim served date (not the date you raised it) to acknowledge the claim - I expect it will be served either tomorrow or Monday 12th. You will hear from the bank before Monday 26th, probably offering half, and then going on to offer the full amount. Look around some other HSBC threads to see what sort of letters the bank will send, and how they have been dealt with.

 

Good luck - you've nearly got your money back:)

[oldjonah]

Thanks Spiceskull

 

I recieved a letter from the court today, they posted the banks on the 7th so they probably got it today, but it will be served on the 12th.

 

Thanks all

[oldjonah]

Got an Acknowledgment of Service today through the post.

 

It says DG Solicitors intend to defend all of this claim.

 

They have 28 days to file a defence.

 

This sound right people......getting a bit worried here

[Don Quioxte]

Standard reply.

 

DG solicitors are HSBC's in-house legal team. They are simply servicing your claim.

 

The acknowledgement is a very easy process and does not actually mean they will submit a defence. They now have 28 days from the date the notice was "deemed served" - see your original notification N10 form for this date and calculate 28 days from this so you know what to expect and when...

 

Good luck keep us posted..

[maverik1979]

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