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Katy83 Vs HSBC


katy83
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Hey,

 

Long time reader first time poster!

 

I've sent my letters and I'm at the MCOL stage (Which Ive been putting off because I knew it would make my head hurt!)

 

I'm just calculating the 8% using the simple calcuatar and its saying for £855 8% is £395 I'm not sure this is right and I wondered if anyone can help me with this?

 

I've figured it out the dates are crossing over incorectly..

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well, someone better at spreadsheets will help you out here - i just wanted to welcome you and say - i, too, watched for a long time before i actually posted and look at me now! yes, that is way too much (unless maybe all your charges were six years old - even then - it would be too high).

i think if it were me - and no one else comes along - i'd start again -

making sure all decimal points are in the right place and all dates are correct - it would only take a tiny mistake on dates or figures to throw it off. just try it once more - checking the date on the s/s as well - and enter them all carefully and let me know how you get on.

 

one more thought - you aren't claiming any interest debits are you?

 

 

in the meantime, i'll post my particulars to help you along with that part (i know i can do that!)

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Well i'm just doing the Particulars of Claim atm and its the adding 8% thing I'm doing. (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

What does it mean by the daily rate?

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Cool Thanks, I've just looked at that and it's really simple I think I must have skimmed over that part thinking it was to complicated!

 

How does it work with current charges? I've been charged again since starting this. Am I able to just add that on or would I have had to have sent them that bank statement showing the charge? (£40 for going £10 over my overdraft!)

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you'll have to add it to your breakdown - and you should add it - anything right up until you file - then you would have to pay to amend, which is a bit messy, or you could just keep any new ones handy and try to get them reversed or paid when negotiating with the solicitors a little down the line or just keep a list and you can claim again.

 

did you get my partic. - i didn't get the daily rate to fit - it would have amounted to about £12 in may case - unless it's a large claim -or drags on forever - it doesn't add too much.

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no... watch the status on mcol for your case.

first it will say 'issued' - you will receive a notice of issue in the post in a few days. on that it will give you a date that it will be 'deemed served'. they will have 28 days to defend from that date.

 

it will then change to 'acknowledged' - also you will get a notice of acknowledgement a few days after that. this will probably tell you that they intend to defend. you will need to send 2 copies of your breakdown to the court and 1 to dg.

 

you'll then have to wait for the status to say 'defence entered'. at this point, mcol will tell you that you cannot go any further in that court and you will receive a 'notice of transfer of proceedings' to your local court. at this point, you may get an allocation questionnaire (or not in most cases these days depending on which court).

 

all this is a long way down the line yet so start reading a few threads.

If i've been helpful in any way....then tip my scales over there!

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You can send a schedule once you have submitted your MCOL, take a look at this, it may help.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Sharkie

 

Sharkie - V - Woolwich = Won

Sharkie - V - Sainsbury's Visa = Won

Sharkie - V - HSBC = Won

 

Perscriptio in manibus tabellariorum est.

Sharkie

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here it is -(courtesy of Lateralus)

 

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,

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Well Today I've recieved an offer from HSBC for one account, £150 less than the original charges not including interest or MCOL charges..

 

Seems to be a really random amount to offer.

 

The Letter states

"The Circumstances in which the fee will apply are set out in our personal banking terms and conditions, which you have already received. If you claim for a refund proceeded to court, we therefore believe we would successfully resist any legal challenge in relation to these fees"

 

Is this just a standard letter ? I'm not settling for less and I will still let it go to court but I wanted to check!

 

I have 2 claims on going at the moment both details sent to HSBC at the same time but a day between the 2 claims on MCOL. I've not heard anything about my other account though..

 

In a way It's nice to know they have all my info because it has been a bit one sided so far ..

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yes, it's a standard letter -

 

this is quite common for hsbc to send an offer after you have filed -

remember - after you have filed - you are dealing with dg and any offers from them should be responded to.

it's your choice whether you respond to this one or not -

common courtesy would make me respond with a thanks, but as i've already filed my claim, no thanks reply.

 

did you send dg your breakdown for both claims - if not - do so now.

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They acknowledged on Weds and Thurs so this was quite speedy!

 

I'm going to post the letters to DG tomorrow. I tried to fax it to them first but it didnt work pah!

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post is fine - no great rush - you won't hear anything from them for a bit - this is a process and not a fast one - you just need to follow the steps and you will get your money. if they've acknowledged - they have 28 days from the date it was served to them to file a defense and they will use all 28 days. a few months ago - the process started to really move along at this point - you sent a breakdown - and they made an offer, etc.

but now - the avanlanche of claims has really taken it's toll - and the process is being dragged on and on - but there is an end to it - and it's called an offer - and you'll get yours in time (plan on a couple of weeks after their defence is filed - more or less). good luck. i just told someone else - take up knitting - might as well be productive.

or help with the newbies - as there are new ones every day - and you are now an old timer in comparison to them! good luck with the claim.

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Hiya Kat, the offer's you have received are in response to your prelim letter and LBA, Uncle Colin and his drones aren’t the fastest people on the planet and they miss the window of opportunity more than they hit it.

As lattie says now you have filed your claim with the court you are dealing with DG Solicitors and that’s who you will agree your settlement with, the best advice is try not to annoy them, just gently nudge them, they will give you all your money back eventually.

To some extent the court paperwork is secondary, very important because that’s what is forcing DG to deal but the courts wont have anything to do with your final settlement, and when you have your money you will cancel your claim.

Just be patient and don’t mix up court stuff with DG stuff in your head.

pete

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