Selina vs HSBC Just started Small claims

[selinan]

Hi All,

So far have had statements (they owe me nearly 2K charges) have asked from them back, they said they were 'looking into it'. Sent another letter saying I would claim if they did not respond in 14 days. No response from them so filled in Moneyclaim online last week which they have acnowledged. Getting a little nervous they will defend.

What now!?

Anyone got to this point!/

Thanks!

Selina

[Rooster-UK]

Hi Selinan.

 

They probably will put in a defence, but that doesn't mean that they will let you take it all the way.

The banks don't want to step into court, they have too much to lose.

You will find that they will almost certainly pay up before that stage, although they will drag it out as long as they can.

 

Good luck.

Regards, Rooster.

[lateralus]

here's some more info for you:

 

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,

 

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. Send a copy to DG when you get the acknowledgment.

 

 

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,

[nettyg]

hi selina

now you've filed your claim, take a couple of weeks reading through as many threads and faq's as you can then there will be no surprises if/when they arrive on your doorstep! you'll realise you're not on your own if you read read and read again. any questions you may have, just fire away. someone will always answer you.

 

good luck

[selinan]

Can you xplain what overdraft interest is please?

Or direct me to where its explained!

Thanks!

Selina

[nettyg]

this is courtesy of lateralus!!

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

if you understand that reasoning - then carry on.

[selinan]

Thanks again. Slightly confused by all the interest stuff. Used money saving experts guide so far and the 8% interest calculator and added it onto my inital charges sheet sent to bank (before I started claim) which I see from FAQ you do not advise. What is the daily interest? Do you put this on top?

If so is it too late now I have sent my claim?

Can I post what I put on my claim here so you can check its okay!? (without identifying details!)

S

[givememymoney]

selinan if you want you can PM your claim details and I will give it the once over

[lateralus]

you wouldn't be advised to amend you claim to get daily interest - it only amounts to a few pounds in most cases - in mine - total was 1500 charges, +300 in o/d interest + 300 in 8% interest and the daily was like £12. so, not worth it if you didn't put it in - no biggie.

the o/d interest is the interest debits that show up on your statements as INTEREST - DR. you can't just add them on - you need to use the advanced s/s to see what portion can be added - and as you've filed - just forget it - it depends on the balance at the time of each charge and the solicitors don't like paying it and often give loads of hassle over it - so you are best off leaving it out unless you really understand it and could defend it. take gimme's offer - let him check your particulars. -just xxxxx out your account number when sending it to anyone.

[selinan]

Thanks guys!

Just been amending my spreadsheet to include escriptions.

Can I claim for 'Notified fees/charges.

Can I claim for charges since I started claim?

Thanks Again!

[givememymoney]

Now you are scaring me Selinan. In an earlier post you said that you had filed MCOL and it has been acknowledged. Now you are asking about filling in your spreadsheet (this should have been completed before filing MCOL) I will send you a PM

[lateralus]

do you mean can you start another claim because you can't change what you've done on this one without a big messy amending process for £35.

 

you can certainly start a list for another claim, i wouldn't be amending my spreadsheets - they need to be the same as your particulars of claim - amount wise. but if you are just changing what things are called - get it done quickly as you should be sending it off to the courts and the solicitors soon. - see post #3. just remember if you've put xxx in your particulars of claim - then the breakdown should show charges totalling xxx.(the same figure).

[selinan]

I had a spreadsheet (done from moneysaving experts) with dates of each charge and interest but no description of what charge was for. Have just amended spreadsheet to include descriptions to send to court.

Just wondered as I have been charged another £100 quid since I started the claim!

Selina

[givememymoney]

I have sent you a PM and will have a chat with Lattie to see how we can help you make sure you get this right.

[selinan]

Thanks!!!

Have PM'd you

[givememymoney]

And I have replied. I look forward to seeing how your claim progresses.

[givememymoney]

Selinan here is a template for you to send your schedule of charges to DG on monday.

 

 

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.

 

Yours sincerely,

[selinan]

Thanks hun!

All seems straight forward so far, but a little nervous/confused about the whole AQ, defense part. Will have to keep reading and hopefully all will make ense by the time I get to that part!

Selina

[nettyg]

hi selinan

you may not receive an aq - they've started dispensing with them in the courts but that's nothing to worry about. they might give you a court date instead on a certain date, but my way of looking at it is, dg will settle before that date so chin up and fingers crossed

[selinan]

Well, HSBC have defended today. Have heard nothing from Moneyclaim, court, solicitors or HSBC.

Pointers to next steps please!

Annoyed cause they have just charged me another £75 in Notified fees!

Selina

[lateralus]

how do you know - from mcol or something in the post?

[selinan]

I checked my claim online at MCOL

[lateralus]

ok, usually i say 3-5 days - but perhaps a bit more as the mcol peeps are apparently also really snowed under by this - you will receive a copy of dg's defence and also a transfer to a local court. possibly with some court directions - as when it goes to the local court the judge has several options and we can't say exactly what will happen next - used to be that you received an allocation questionaire to fill out at this point - but they are mostly being dispensed with - unless your local judge asks you to file one. so, watch for paperwork from the court -

then see what it says.

also, see the thread in my signature called new- after 28 days...

check out post 1 of that thread and you'll get the idea of whats going on and also the advice of writing to dg every 10 days from this point to nudge them into an offer. and send a breakdown with each letter -

get back when you hear from the court.

[selinan]

Thanks!

So I do nothing till I here date for court and DG's defense, then start nudging DG?

Have received no contact from DG yet, is that normal?

Selina

[pinkduchess]

yes its normal. start your nudges once you get your transfer papers through. depending on what it says you can work one of latties nudging letters to fit.