Chunky Linc Vs. HSBC

[lateralus]

if you are going to do the o/d interest - try looking at this thread - post 26 - i wrote this for someone and she and many others have conquered overdraft interest using it.

:honeygie v HSBC *****WON***** (1 2 post 26.

 

as an example - my son's charges were 1500, o/d interest added 300 and the 8% interest which everyone can add at the claim stage added another 300 - so in his case it was certainly worth the hour it took us to sort it.

my advice - try the thread - do the advanced and see if it is worth it.

[lateralus]

it's in the library, working ok - i just checked

[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.

[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,

[lateralus]

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

[lateralus]

fingers crossed for you cl, sometimes the court still accepts a late defence from them - hopefully not and you'll get your money. let us know what happens next.

[lateralus]

oooooh, the plot thickens -

just saw another one today - where they did the same - as the acknowledgment wasn't filed - and dg paid up - calling it an administration error - i say roll on admin errors!

[lateralus]

and take a look at the last few postings on this oneMaangov V HSBC ***WON*** - it's very recent - he had to climb down on the contractual interest - but held on for the o/d interest - his was one of those they tried to pull apart - so look at how he wrote back - i think (not sure) if you address the issues a little - like pete's above on the 6 yr and like man. on the o/d intere. and then hang tough - you may pull it around - don't let them smell fear. crusher would say if you've done your claim correctly - no reason to settle for anything less than a full offer - they will come through with one (although i do know of a couple a few months back where they went back and forth and back and forth and eventually the claimant took the offer - but it's way too early for that) they don't usually pick them apart - just stand firm - and put a little back up into the letter. and yes, tell them (assuming they are) that the charges only fall outside of the six years because of their dilatory (i love that word) dealing towards your approach for information.

 

 

i think they pick yours up early because of the judgment thing -

ring the court to see when you will hear about court directions - and mention whatever you find out - in your letter to dg -

 

for now - stick to your guns - answer their letter with the points above and don't let them smell fear - they used to do this a lot - now they don't as they don't usually pick up your claim until near a court date - they got yours out early and are trying to needle you.

[lateralus]

dust it off a little - we were playing with another paragraph as to why it shouldn't even be considered for a stay - because that is the banks playing with the court - read through from those posts 331-340

[lateralus]

there's mention in the oft press release of all claims being stayed until the outcome of the test case - but we are hoping that claims close to resolution will carry on to conclusion - we are crossing fingers, eyes, and everything else. i'll look for the lincoln thing.

[lateralus]

is this is?Lincoln 'abuse' order

[lateralus]

got to go listen to radio fivelive at 10 pm - something about bank charges,,,,,,,,

i'm thinking about this -

i know crusher would say hold out for the lot - (crusher is on holiday, drat!) let me get back.

[lateralus]

they do this - and frankly - i get a bit spooked too at this point - but if you are sure you've done it correctly - then hold out -

would it be worth a compromise offer at this point - would you be ha ppy with what they have offered and half of what you want over that -

 

you could play them at their own game - you are confident, blah,blah,

 

but to save everyone further time and money you would be willing to split the difference with them and lay it out how much. that's if you'd be happy with that.

 

not to be a downer but we have had one or two where they argue and argue and in the end you just have to give in or it looks like it will never finish. you have to weigh it up - and with all this oft stuff going on - i'd be tempted to ask for - politely but using their lingo (confident, assertive) that you'd settle for a 50/50 split on the difference - what do you think ----- please if no one else comes on to say - feel free to pm castlebest or one of the site helpers to get another view.

[lateralus]

i've flagged up your post for some help from the mods - just hang in there - the cavalry is on the way!

[lateralus]

ok, i've asked for help for you in two places so it should be forthcoming - but in absence of those with more about them - i'd say at the very least - you take letter number two from this thread:Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

or the one from this link:~~## Stays info and guidance ##~~

whichever one you like better.

 

plus from this thread:GOT A COURT DATE? A guide to the later stages

see what garyh says to take to a prelim. and take it.

:

[lateralus]

yes, please chunky - get back - we are sitting here with head hurting from wishing you all these positive thoughts - what happened???

[lateralus]

hope he's not in jail!

[lateralus]

i think he's run off with rachel tomlinson

[lateralus]

caro - can't you use your mod status and send him a real e -mail to see what's happened?! it's nervous energy!

[lateralus]

if they haven't complied then they are again in violation of the court directions and i'd be letting the court know double quick - like applying for a judgment? come on guys, let's think this through - what can he do - they've failed to follow court directions - can the stay be set aside because of this? - - this is complicated, cl, i know it's a struggle - but let's see if we can't get an opinion of this before you take the latest offer - btw - don't sign it if it says you'll never, ever be able to claim from them again - they have done this before and that puts you in a bad position in my opinion.

 

SO, BUMPTY, BUMP - LET'S GET SOME OPINIONS HERE.....

[lateralus]

Banks 'playing con trick' on judges

and

Banks accused of tricking customers over credit card charges - Times Online

 

just a couple of articles dealing with this. the banks are supposed to be dealing with credit card complaints in the usual way. so, by all means - yes, start those claims.