Chunky Linc Vs. HSBC

[chunkylinc]

apology accepted PD....I've been called worse...lol

 

Yes i did send them the revised schedule of charges, for both the charges and overcharged interest...

 

I've started completing the MCOL nice and early so i can just sbumit it as soon as there time is up...

 

However Im not too far through this and I have a quick question... I've tried putting HSBC's 8 canada Sq address in the section about who I'm claiming against and it tells me it's not an acceptable address? Did anyone else get this? if so what address do i use to complete this section?

 

ta...

[pinkduchess]

just dug mine out - that is the right address so not sure why. You are the claimant, HSBC are the defendent. Are you putting that the right way round?

 

HSBC Bank plc

8 Canada Square

London

E14 5HQ

[Castlebest]

I wonder if its because HSBC have just sold their head office to a Japanese company and are leasing it back? shouldn’t affect it because its still their head office, they just have a mortgage now, hope they keep up the payments

pete

[nettyg]

try putting in... 8-16 Canada Square

[freakyleaky]

If you have no luck with the canda square address, put the address of your bank, after all it was them that took the charges from you. I used my own banks address and it was fine.

[chunkylinc]

Thanks all for your advise and help, the 8-16 address worked perfectly and was checked/verified by the site with no problem. I've completed the form and have it pretty much ready to go, with the acception of actually replacing all the xxxxxx with the actual figures. The 14 days was up yesterday so Im ready to submit.... However just a couple of things.... Firstly I've not actually received any communication from HSBC in response to my LBA? Is this usual? I've not even received anything from their solicitors? Should I contact royal mail and double check that the letter has been received/delivered prior to submitting? Secondly one part of the MCOL ask's for the date you opened your account and I really dont have a clue, should I ring up the bank and ask for this info? or can I make up an approx date?

[lateralus]

it's normal not to have heard anything. just file the claim

 

try: claimant has held an account with the bank since before xxxx or

claimant has held an account with bank for several years.

[pinkduchess]

I went ahead with MCOL without checking the LBA had arrived. I did receive a (low) offer from HSBC but it came too late as I had already filed my claim.

 

Once you do the mcol you start dealing with DG so you wouldn't have heard from them yet.

 

Yes I would call the bank to get the opening date. or I think some POC's have included the wording 'opened before xx/xxxx' (month year) so you could probably put in an approximate date. not sure though. would make a quick call tomorrow.

[chunkylinc]

I've just located my recorded delivery slip from the royal mail, which took me an hour of pulling my bedroom apart lol! But I went online and i got confirmation that it's been delivered, so all's good.

 

Thanks for your advice lattie and PD. I'll make a quick call tomorrow find out the info and then submit.

[chunkylinc]

called the bank today, was told I'd held the account since march 1989, however I know I used to bank with midland way prior to this date...? Maybe this was when then changed my account over or when HSBC finally took it from Midland? Who knows, anyhow I used the date I was given and have submitted my MCOL tonight....

 

Im sure i read somewhere that I now need to send off two copies of my Schedule of Charges, is this right?

[lateralus]

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, 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,

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,

[chunkylinc]

Thanks all for your help so far.

 

Just a quick update... covering letter and two copies of the schedule of charges sent off 1st class recorded deliver to MCOL. I've received my notice of issue today, it's deemed to be served on 23rd May and has given hsbc till 6th June to reply.

 

Guess I just sit tight and wait for the notice of Acknowledgement...

[pinkduchess]

hi chunky

 

yep - they are likely to acknowledge before 6th but they then have till 20 June to file a defence

 

send your letter to DG once the acknowlegement paperwork arrives then you can take it easy for a while.

[chunkylinc]

Thanks for the help so far guys...

 

I've just received the 'Acknowledgement of service' letter, and funnily enought they are intending to defend the claim, Kate Eaves is the defendants solicitor from DG, anyone else dealt with her?

 

Has anyone actually won a case since Lloyds tsb won a week ago?

[lateralus]

we've seen lots of offers through since then - it seems to be business as usual.

[pinkduchess]

yes & kate eaves is one of the contacts we've come to know from DG

 

all going to plan chunky

[chunkylinc]

Ta for all the help so far you guy's...

 

Just a little update... I sent off the letter to Kate early last week along with a copy of my SOC and everything seems to have gone very quite? Is this normal? Should I be doing something like sending the nudging letters that I've read about on other peoples posts? Or do I need to sit tight and wait for something prior to doing this?

[Castlebest]

Hiya chunky, its normal to hear nothing at all from DG, so sit back and relax its all going to plan. Think your a little early to start nudging that is for after they have submitted their defence and your claim has been moved to your local court.

 

Just sit tight and wait for your 28 days to pass and read a few of the threads to see what everyone else is up to... if you know the answer to someones problem help them out, the time soon passes and you will get there.

 

pete

[chunkylinc]

Thanks Pete, however helping and reading has proved slightly tricky over the last couple of weeks as work has installed some sort of new internet filter which stops us all logging onto what we like an I dont currently dont have internet access at home (short term prob...!!)

 

anyhow just a quick update as I round my mates an the deal was i drove if I could use there net...!?!

 

so Im guessin the 28 days will be up tomorrow? I had the acknowledgment of service on the 22nd May so including weekends I make that tue 19th? Then what? do I simply go on MCOL and click on the start button? How do I know if they have filed in time? I've not heard anymore from D&G?

 

However that said, I did receive a 'without prejudice' letter from Mark A Loker at HSBC. He informed me that for commercial and time reasons they would make me an offer of £1,898 and that they believe they would successfully resist any legal challenge in court blah blah blah. Oh they also said they would not repay any overdraft interest and any charges that go back more than six years because of the limitation act 1980...?

 

Anyhow, that's a nice offer, but no where near the amount im tryng to claim, especially now that I've already paid my court fee? Do HSBC and D&G not talk to each other, surely hsbc must have know i'd already started legal proceedings?

 

What should i do?

[pinkduchess]

we worked out before they have until 20th - lol

 

they are highly likely to file their defence at the last moment. will you be able to get online on wednesday & check? if they have, the mcol status changes to DEFENCE and you cant press anything.

 

no it seems HSBC & DG dont correspond!

 

you need to send one of these (or a combination of two) in response to the offer.

Rejecting Offers

 

 

now have you got all that before your mate chucks you out

[chunkylinc]

Thanks PD.... what wud I do wivout ya...

 

I've just been on MCOL and clicked on the start button, but it said I had to give them 28 days and I wasnt allowed to do this yet as the time wasnt up... I'm guessing that I can't count ....!

 

Oh well I'll have to pop round my mates tomorrow nite and try agen

[pinkduchess]

ive checked the dates again & its definately 20th - maybe that gives them till midnight

 

keep us posted

[Castlebest]

Dates do run from midnight damn early if you ask me lol

 

pete

[chunkylinc]

Well pete n' pd it's like this........

 

I got up extra early this morning (freakin hard for me as i miss the train most mornings at normal times) and popped to my mates. This time the site let me click the on the 'start' button in the judgement section (Hooorahh) and so I did......I then asked mcol for a judgment as the defendant had not submitted it's defence (did i do right?). I added another 26 days of interest to the original figure and said that i wanted payment in full by the 30/06/07. I've just looked again at mcol and it's been sent, so i guess I sit tight and wait for the payment? Or are they allowed to do anything that contests this? and more worringly can the judge when making a judgement decide that I simply dont win? (gulp!)

[chunkylinc]

slightly worried incase we see a last minute defense...so i just checked MCOL again and the status is

 

"Your judgment request has been accepted. The order has been sent to the Defendant"

 

I take it I dont need to do a court bundle now?