Adara v's HSBC

[Adara]

Hello

 

I sent my 1st letter to HSBC recorded delivery yesterday. Unfortunately I did not find this site until last night. The information here is vast, I'm glad I found you. When they don't respond to my first letter I will send a LBA and give them another 14 days. The SS has been a great help to calculate interest, at the moment my claim is for £1,386 but I can add another £362 of interest later.

 

Any help will be much appreciated and I will keep you informed of how I get on.

 

One question: I already have a 2nd bank account set up with HSBC. Would this do as a parachute or should I look elsewhere. I have a credit card and loan with HSBC - the credit card will be paid off before anything happens and I have never missed a loan payment.

 

26/03/06 - 1st letter sent

16/04/07 - LBA Sent

08/05/07 - MCOL Submitted

08/05/07 - Letter with 2 copies charges sent to court

[livelylad]

Hello

 

I sent my 1st letter to HSBC recorded delivery yesterday. Unfortunately I did not find this site until last night. The information here is vast, I'm glad I found you. When they don't respond to my first letter I will send a LBA and give them another 14 days. The SS has been a great help to calculate interest, at the moment my claim is for £1,386 but I can add another £362 of interest later.

 

Any help will be much appreciated and I will keep you informed of how I get on.

 

One question: I already have a 2nd bank account set up with HSBC. Would this do as a parachute or should I look elsewhere. I have a credit card and loan with HSBC - the credit card will be paid off before anything happens and I have never missed a loan payment.

 

26/03/06 - 1st letter sent

 

hello, ok it is very unlikely they will close your account particulary as you have other products with them.

Have a read through the FAQs and the step by step instructions (linked in my signature) these will help.

[Adara]

Thank you Livelylad. I've read the faqs a few times, have an account set up on MCOL already and interest calculated. Hopefully I won't have to ask too many questions, it seems most things are covered here.

[Adara]

Sorry. One more point!

 

My first letter was taken off the BBC site and was more a LBA - giving them 14 days to pay money in full to my account or I would start court action without further notice. Can I just ammed the LBA to say I am giving them an extra 14 days (beacuse I'm a nicer person than you) or just start MCOL? An extra 14 days does not make any difference to me and it will show willingness but I don't want to look like a push over!

[Adara]

LBA to be sent today.

 

1st May noted in diary for MCOL submission.

[Castlebest]

Good for you Adara, just stick to the instructions and have a little (ok a lot of lol) patience and you will get your money back.

pete

[Adara]

oops...

[Adara]

OK, MCOL submitted today. A few days late due to illness but can't be helped.

 

Letter with 2 copies of charges and interest ready to be posted to courts.

 

Total Charges £1,386.00

Stat Interest £ 375.13

Court Fee £ 120.00

Total Claim £1,881.13

[pinkduchess]

you will shortly receive a notice of issue from the courts & then a few days later a notice of acknowledgement.

 

send DG a copy of you SOC - address on p. 2 of notice of acknowledgement

 

then you can relax for a bit

[Adara]

Thank you =)

 

I'm going to spend the time following some people on here who are ahead of me, I see we are not getting AQ's through MCOL so I need to re-learn the process!

 

So anybody around who is a a few weeks ahead of me and fancies holding my hand?? ;-)

[Adara]

I received the notice of acknowledgment today. The claim was deemed to be served on the 14th May. I guess they have 28 days from that date to file their defence, so 11th June?

 

I will send DG my SOC in the meantime.

[pinkduchess]

yes 11 june

[Adara]

Ok, I have sent 2 copies of SOC to Court and 2 to DG. Now the wait! I'm currently pulling the house apart looking for T&C's. I have found the original letter dating back to 2000 agreeing my overdraft with 2 pages of terms and conditions (all my charges are for exceeding my overdraft limit) which I emailed to Alan. Looks like we may have all the old T&C's between us reading other threads =) Also good to see some offers coming through as I got a little worried last week!

[Adara]

DG submitted their defense on Saturday 9th June.

 

So, now I need to wait for transfer papers?

[Adara]

Can someone help please?

 

As I have internet banking I never did a S.A.R - (Subject Access Request). The 1st letter I sent to HSBC was off the BBC web site,

 

"Due to recent media coverage on bank charges I now believe that you, HSBC have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

 

Furthermore if you fail to comply with this letter, I request without further notice a breakdown and proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).

 

Therefore I require you to refund me a total of £1,386.00, representing the total, unlawful amount charged during the last 6 years. I attach a copy of my workings. I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against."

 

-----

On the statement of evidence point 8 it mentions the SAR but am I right in thinking this is just for T&C’s? I opened my account in 99 and I have the T&C’s Stax got from D&G which say 7.4 – I MUST not go over any overdraft limit that is agreed with unless you get our agreement first and 7.10 which says the charge is to cover man/admin costs. I think I’ve got it covered but I’m getting a little panicked now.

[jowalshy]

have you had something from your local court which has asked you to prepare some paperwork?

 

Lattie has wonderfully composed a new thread entitled "court bundle for dummies" It has on it all the useful links for you to put together your court bundle. One link is to a thread by Nawanda who did a fantastic statement of evidence. But I don't think that you need to worry too much at this stage as it appears that DG have only just defended your claim.

[Castlebest]

Hiya Adara, is this for your court bundle ? if it is have a look at Lateralus's new thread "Court Bundles for Dummies" I think she may have infringed copywrite with the thread title but its full of good stuff.

 

pete

[Adara]

Thanks for reassurance Jowalshy and Pete! I calmed down and after reading the new Court bundles for Dummies felt more in control. Maybe I shouldn't even look at this until I get home and have glass of wine firmly clasped in hand.

 

So, I have now had the transfer paperwork. I am going to send Lattie's 1st nudge letter to DG.

 

Do I wait now to hear from my local court before doing anything else?

 

How did people get on with the draft orders, I couldn't see much feedback?

[freakyleaky]

Yes you are now waiting for directions from your local court!

The peeps with the draft orders have gone very quiet!

[Adara]

Thanks Freaky =) I shall wait on Welshpool courts then.

[freakyleaky]

Keep us posted! If you are waiting for more than 2 weeks then I would give the court a ring and ask what is happening!

[Adara]

I got my notice of allocation to the small claims track yesterday. I just gave the court a call to check if I need to pay an allocation fee and the lady said beacuse I was so honest calling to check I would not have to =)

 

I have a court date set for 23rd August. 14 days before thatI need to do the usual filing and serve other party.

 

I guess another letter to DG is in order now!

[Castlebest]

Yes and have a read here

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

pete

[Adara]

I have my court bundle ready, anybody think I'd get anywhere quicker by sending it to DG now? That way they know I'm not going to miss the deadline and I mean business?

[freakyleaky]

DG don't seem to move any quicker if they receive the bundle early. They will probably just keep hold of it until the due date and then send an offer.

But there again you never know. The only problem is that if you send it now you won't be able to add any other documents such as copies of any other nudges or emails and the like.