parian v HSBC

[parian]

HI all

This morning received my notice of acknowledgment stating HSBC is going to defend the whole claim.

The defending solicitor is Kate Eaves, I have not seen her name mentioned in the forums, has anyone delt with this lady.

some of you say sit tight and some say be a little proactive.

I intend to send send a copy of my spreadsheet to Ms Eaves with the following letter which was used by Kazzy77

 

Dear Ms Eaves

Please find enclosed a copy of the breakdown of charges unlawfully taken by HSBC to date.

With the interest bumping up daily, the new total owed is XXXX. This includes £120 court costs.

If you wish to make an offer of refund I will expect to be refunded with a cheque made payable to xxxx.

If you wish court proceedings to be halted I will do so once the check has cleared into an account of my choice. It would therefore be in the interest of your client for this money to be paid as quickly as possible.

If you wish court proceedings to take place, I shall also be claiming £100 for filing the AQ. At court I shall be asking for your client to give a full breakdown of each individual charge and look forward to your client explianing to the judge how each automated service costs between £10 and £100

 

Yours sincerely

 

Ian

 

Any comments are and help are more than welcome

 

Rgds

 

Ian

[Castlebest]

Courtesy of Lateralus;

 

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:

 

 

 

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

DG's details will be on page 2 of the acknowl.

 

 

 

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,

[parian]

thanks mate

i'll get them printed off tonight and in the post first thing

 

Rgds

 

Ian

[parian]

I was wondering whether to use martin lewis' spreadsheet (which I used for my original letters to HSBC) or should I use the more informative spreadsheet to send details of charges to DG and MCOL

 

Ian

[givememymoney]

Please don't use the Martin Lewes one. He is a good guy but his process and spreadsheets are too simplistic. It is much easier for everyone on this site to help if we know that you are using the material from this site alone it avoids confusion. Thanks

[parian]

Thanks

I'll go through everything in the morning and put onto one of this sites templates I think having a full explenation of the charge as well as the amount will be better in the long run, don't want to give DG any ammunition or cause for delay

 

thanks

 

Rgds

 

Ian

[givememymoney]

You are right there I am sure I have seen posts from others with letters from DG saying that the schedule of charges is incomplete. Get it right first time and it is less stressful and there is no chance for doubt to set in!

[nettyg]

yes i agree with giveme, the spreadsheet on mse is very simple enough to use but doesn't give enough detail. the one's here are simple to use too and have everything you need to show a full schedule of charges.

[parian]

Just finished rewriting my spreadsheet using the CAG template (much,much easier) and I've only now realised how inconsistant HSBC are, my reversal charges range from £10 to £60, surely there's something wrong here, if they're going to rip us off at least be consistant in doing so. I've even got a notified fees charge £46, whats that about.

have you noticed that all their charges are complete £s, now the law of averages would tell us there are bound to be some pennies in there somewhere, do they round these charges up and rip us off even more or are they nice to us and round them down. I think I will ask DG why all my charges from 2001 are in complete £

 

Rgds

 

Ian

[parian]

With referance to my last post HSBC are consistant, They consistantly rip me off:mad:

[givememymoney]

With referance to my last post HSBC are consistant, They consistantly rip me off:mad:

 

That is true!!! With the reversal charge they sometimes bundle multiple charges into one which is why the amounts vary. The notified fees are basically the fee they charge you for going over your authorised limit. Often these account for the majority of the charges you want to claim back.

[parian]

schedule of charges written out and a polite letter enclosed informing DG that I'm in this for the long haul, sent this morning to DG's Kate Eaves.

I received my notice of acknowledgement for my HFC claim this morning, it seems Kate Eaves is dealing with this also.

 

Ian

[parian]

This morning I received a letter from HFC With an offer of £407.50 a goodwill payement, this is 50% of the charges and dont include interest or my £120 for filing the case with MCOL.

This offer did not come from DG but Jodi Lewis HFC Branch Support Complaints Officer. Yesterday I sent My schedule to Kate Eaves of DG with a polite letter explaining that I know how their system works, I wont accept anything less than 85% of the total claim plus my costs, and should it go to court I would be asking the judge to award me 100% of my claim plus costs

 

your views please

 

Rgds

 

Ian

[nettyg]

have a quick look through these Ian and tweak one that suits you best. just tell hsbc they're too late with the feeble offer and you've already filed your claim so you want the lot.

[Whatawoman]

Ian,

Kate Eaves is the one defending my claim too - she is little abrupt and rude in my opinion.

 

I would not have told them you were willing to accept 85% of your claim - there is their get out of paying you 100% handed to them on a plate.

 

Good luck,

Helen

[Castlebest]

Will be interesting to see if you get a speedier service from DG because you have told them you are willing to accept a reduced amount.

pete

[nettyg]

have a quick look through these Ian and tweak one that suits you best. just tell hsbc they're too late with the feeble offer and you've already filed your claim so you want the lot.

 

i'm such an idiot sometimes!! i didn't give you the link to the rejection letters did i? also forgot to mention that the offer you have had will have been from an earlier letter you sent to hsbc, and is too late now you have started your claim and incurred further costs.

 

 

Rejecting Offers

[parian]

Will be interesting to see if you get a speedier service from DG because you have told them you are willing to accept a reduced amount.

 

pete

 

Yes that is what I was hopeing for, looking through the posts I see the earlier offers are around 85%, I want a settlement of in excess of 85% plus interest and costs.

lets what they'll come up with

 

Ian

[parian]

Thanks Netty

[parian]

Just checked MCOL web site and it appears HSBC has filed a defence, however the defence date is 21/03/07 this was the date of issue, they did'nt acknowledge until 4th April can anyone shed some light on this

 

Ian

[parian]

Just phoned MCOL and they told me that HSBC filed their defence today, the case is being transfered to Newport County Court.

 

 

"HELP"

[Castlebest]

Hiya Parian, nawt for us to help with just wait for your transfer papers from the county court and make sure your AQ has been dispenced with, if it has write DG one of Latties nudging letters.

 

Apart from that all you have to do is wait for your local Judge's notification of what he wants

 

pete

[parian]

Thanks pete

I sent a nudging letter this morning I think lettie says to send 1 every 10 days or so

 

Rgds

 

Ian

[Castlebest]

On your original Notification from the court there is a "deemed served" date; DG had 28 days to file their defence from this date.

I think they may have had a warning from the court for filing late because I have seen another early defence go in.

pete

[parian]

Hi all I have received a notice of transfer to newport county court, although there is no date for a hearing and the AQ appears to be dispenced with.

I understand that I can ask the judge (judge murdoch)to order directions for the case, when and how do I do this and is there anything I can do while I waite for a date