Total bankers***won***

[freakyleaky]

:-? Hi, I am a newbie to the site and not sure where I should be posting my questions.

I did post some stuff yesterday outlinng my claim so far and got some encouraging replies.

Am I in the right place now?

My current claim is against HSBC.

Thanks

[lateralus]

absolutely - if you are with hsbc - we'll do our best to help - why not copy and paste your previous outline or just put it here along with any questions.

welcome to the forum.

have a good read of this - it helps with a lot of the beginner's questions.

Newcomer? Here's A User Guide

 

and this will certainly help you along:

Charges description on statements - Please Read

 

so, welcome, again. read up and ask away!!!

 

 

also, i've just backtracked and found your post on the other forum - so ignore all the beginner stuff and just accept the welcome to the forum:

it appears you also have received one of the new court letters - so i'll point you here:

New---after 28 Days - Maybe No Aq!!!!!!!

 

this is new to this forum from yesterday and we are coming to grips with it - i'm trying to get it all in one place if there is discussion about it - so try here - also a letter i've done to hopefully prod dg into action.

[freakyleaky]

HI, THANKS, BELOW IS A COPY OF MY FIRST POST YESTERDAY.

Hi, this is my first posting.

I hope I will be able to contribute to the users on this site in the future being able to draw on my expeirience of claiming bank charges back from 2 accounts. The first claim for £2600 was sucsessful without it getting to the courts. It was easy!

The second attempt on a different account is turning out to be a nightmare and has been on-going since december 06.

I am in the process of claiming charges back on my hsbc account. I used martin lewis' site for all the templates and links as I did not know of this one at the time. I have now reached the stage where the hsbc has put in a defence to my claim and the case is being transfered to my local court. I was under the impression that I would receive an allocation questionaire together with a copy of the banks defence but this is not the case. Instead I have received an order stating the following "The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of tranfer orders otherwise"

"NOTE: Any party affected by this order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order."

I have no idea what I am supposed to do next as there is no instruction as to the next stage.

Can any one help me please?

I now feel completely out of my depth and feel like giving up with this one.

[lateralus]

yes, i just looked it up and read it - did you see my edit above -

i hope it helps!

[freakyleaky]

Thanks for your reply.

[freakyleaky]

thankyou, it does seem like its a ploy on behalf of the courts to cut down their own workload which can only mean good news for claimants. I must admitt that when I received the defence along with the order to dispense with AQ I did panic as I have not seen this scenario anywhere else so far.

You have been really helpful. Thankyou, J.

[lateralus]

we just have to watch this space............the local judge could still request an aq but if he doesn't well.. that's £100 saved at least!

you're welcome!

[freakyleaky]

if anyone else has had an order "dispensing" with the AQ, I would be interested to find out what happened next. ie will I get an offer etc.....

(I am fishing for reasurance here)

Tnx J.

[Michael Browne]

MCOL have only just started issuing this order, so it's early days.

 

Keep an eye on this thread for developments:

New---after 28 Days - Maybe No Aq!!!!!!!

[freakyleaky]

Thanks, Looks like I am amongst the fist to get this type of response from the courts. I will watch and wait.

[freakyleaky]

Sending the letter to DG seems like a good idea but do you not think that sitting tight sends a stronger message that you are prepared to go all the way? I don't understand the way the banks are thinking. Are they just delaying things in the hope that people will give up or accept a much smaller sum in a last minute offer?

[Michael Browne]

Are they just delaying things in the hope that people will give up or accept a much smaller sum in a last minute offer?

Presumably, and of course, it's impossible to know how many people do accept lower offers. If you were claiming without the help of CAG or other similar sites, would you be as confident. Only the banks know how many people they manage to deter and one must assume that at the moment it's working in their favour.

[freakyleaky]

Presumably, and of course, it's impossible to know how many people do accept lower offers. If you were claiming without the help of CAG or other similar sites, would you be as confident. Only the banks know how many people they manage to deter and one must assume that at the moment it's working in their favour.

 

I really hope you are wrong about it working in their favour. It seems that they can do what they like regardless of the law. Surely the courts should be throwing out any defence from the banks as there is now a clear track record that the defence is merely a stalling tactic and legally flawed.

Is it just me that is completely amazed by the blatant lies being told by the banks eg "our charges do not ammount to penalties"

[lateralus]

well if they admitted it - then i think we would cross the line from unlawful to illegal - not sure. and in that case - not only would everyone who has ever been charged be claiming them back but also the banks would be liable for one heck of a lot of money. as always - they are just covering their own backs while making millions out of joe public.

[freakyleaky]

I am stating to think I am missing something. I have been reading a few other threads and I see you advise people to send a schedule of charges to DG? I have not sent them anything direct. The only list of charges plus interest has been sent to the bank with my initial letter. Do I have to send these to dg? I have had no request for them from anyone.

[lateralus]

no, you don't get a request - the idea being that dg solicitors never make an offer unless they have requested you send them a breakdown of charges that you are claiming - you schedule of charges - same thing.

so, we just try to head them off by sending one - so, you should have picked up on this earlier - but there's no damage done - here's the bit to follow so just do it now:

 

look at the wording on the letter - then read this:

New---after 28 Days - Maybe No Aq!!!!!!!(3 Viewing)

see if that's what it says.

if so, just follow what's going on - this is brand new.

 

After You Have Issued Your Claim

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,

 

 

 

 

 

 

 

 

and this:

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. Their name and address will be on page 2.

 

 

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,

in your case - i think i would send that top letter to the court that it has now been transferred to asking that it be attached to your claim - see the address on your most recent paperwork.

 

as for the second letter - dg's address can be found on this site or on page two of the acknowledgment paperwork you got not too long after filing your claim.

 

as i said - no damage done - but i'd send them both off now.

 

 

 

 

i really have to explain - an over-zealous editing was done and now repaired. sorry for any confusion - you aren't half as confused as i am about it! normal broadcasting resumed, hopefully!

[freakyleaky]

I think I understand, but I did include a figure for all my charges plus interest (worked out on MSE calculator thingy) in my initial claim to MCOL. So MCOL have had the figures and presumably they will be sent to the court of transfer.

I apologies for being a pain but I didn't start the claim here and I suppose I should really tell you exactly what I have done so far from the start.

Please advise, I am putting my fate in your hands now.

[freakyleaky]

Also, wont Dg already have those details as they are part of the claim? or do I have to send a detailed breakdown rather than total ammmounts?

[jowalshy]

yes dg should have them, but send a copy of your schedule of charges anyway just to make sure. Even though dg are HSBC's solicitors I don't think that they talk much lol.

[freakyleaky]

Ok will do. Do I have to send copys of full statements or just a list with account number, dates and ammounts?

Thanks for your help!

[jowalshy]

Just a schedule detailing date, desciption of charge, amount of charge etc, so that it agrees with your claim. Also after you have sent it give it acouple of days and give them a call to see if they have received it.

 

PS On top of schedule put your name, account number and claim ref numer on it.

[freakyleaky]

Thanks. Would you send it recorded delivery just to make sure?

[jowalshy]

Send everthing recoded delivery. That way you can track it.

[jowalshy]

Recorded delivery I mean lol.

[freakyleaky]

Thanks. Trouble is I didn't make a note of the description of charges. Do I have to go through all the statements and give them that information aswel as dates, ammounts etc...?