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jamjaruk vs hsbc


jamjaruk
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just checking jamjaruk to avoid a couple of beginner mistakes - you are sending a list with the charges (not the statements or copies), and you didn't just add on the interest debits straight on to the charges list as that would be incorrect.

you must be very young or very good with your dosh to have so little in charges - did you check your statements against this to check for any others Charges description on statements - Please Read

you can add more on right up until you file the claim.

 

hopefully, they will just pay out on a small amount - but don't count on it - they must like having claims filed against them.

 

just stick to the schedule as gimme said.

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That's correct I am sending a list of all the charges with the description and amount charged and haven't included the interest.

 

I have checked the charges against the link above and can confirm recall DD, unpaid item and total charge are in the list. But am bemused as to why I was given a 'total charge' fee. hmm strange.

 

I may be young (21) but definitely not good with my pounds, I'm trying to get out of debt and this is one way of doing it. Plus, I'm claiming money back from smile, first direct and barclaycard. Not sure to claim £30 from RBS and Halifax. I seem to have a diverse portfolio of credit and debit cards lol.

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total charge is a sort of catch all phrase they use - claim for them.

try to get to grips with your dosh - it will haunt you for a long time if you get caught up now, it can be a downward spiral - you are doing the right thing getting charges returned - try not to get too many in the first place (end of lecture - i've got 2 your age - so i'm allowed - mum's are like that!)

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  • 3 weeks later...

yes, it's mcol and it costs a fee to file but you'll add that to what they owe you(and it won't be too much as yours is quite a smallish total) - plus hopefully by now you've put the charges onto the simple spreadsheet and and figured the 8% interest that you can claim for at this next stage.

here's a link to help you:

Getting MCOL Right

plus i'll pm my particulars as another example of how they should read.

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  • 2 weeks later...

I may have made a mess with my particulars of claim:

 

The Claimant held account xxxx since xxx. From xxxxto xxxx, HSBC has made 10 charges - on average 21.00 - for Total Charges, when debit balance exceeded specified overdraft limit, Recall SO-DD, when cheque or direct debit payment was returned because the overdraft limit had been exceeded, and Unpaid items. Charges represent a penalty and do not accurately reflect the Defendant's administration costs. Further, they are contrary to the Unfair Contract Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Reg. 1999 para.8 and sch.2 1 e. Further, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Claimant claims from the Defendant a sum equivalent to the total amount unlawfully debited from the account, being 210.00. Also claimed is interest under section 69 of the County Courts Act 1984 at 8 percent APR from date of each charge to date of the claim, total xxx. Total with interest and court costs xxx.

 

 

 

The problem is: (1) I don't have an overdraft on that account, my limit on the account is 0.00, does this matter? (2) Recall SO-DD, should read Recall S/O-D/D. I wanted to shorten the characteristics and realised the problem was with the number of line and not characteristics used? Again, does this matter? Is there anything I can do?

 

Many thanks.

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Hold up for one second - I have sent the schedule of charges to the court - when do I send the schedule of charges to the solicitors, do I receive a letter from the court first?

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Right. Reveived a letter from HSBC today (dated 17 May 2007) and they've offered me a full and final payment of £210.00 - the amount I requested. I have already proceeded to my next action - the courts - what should I do now? Will I be able to receive my £30 back?

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I think I should make my previous post clearer. If I was to accept the offer, will I be able to cancel the court proceedings and recieve my £30 or is it too late? Many thanks

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you can only cancel by 10am the next morning - so that's out - my advice - a friendly letter back - i'll post one here - you make the chages and i'm sure you will get it - basically saying thanks but i've already filed but if you'd include this then i'll take it.

 

TWEAK THIS - TO SAY WHAT YOU NEED IT TO SAY:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately, I have already filed my claim with the court. That action has cost me a further £30. Were your offer to include my filing fee of £30, I would then be able to accept your offer as full and final settlement. I will accept an offer of £XXX.

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX.

 

Should you not agree to this slightly increased offer, I will then continue with my claim to pursue the total amount claimed for. If I do not hear from you within seven working days, I will be forced to continue with my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

 

 

OK, i tweaked it myself. If that's acceptable to you - the offer plus the 30 - that's how i've written it - you are not going to get the 8% interest this way - but that won't have been a lot and i think you are probably wise to let is go - but i'm pretty certain they will go up the 30 no problem.

certainly if you aren't happy with that - just accept what they are offering.

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  • 1 month later...

GREAT!

CONGRATULATIONS!

 

once you receive the money could you possibly do two things -

one - write to the court with your claim number and tell them it has been resolved.

and two, could you pm a moderator and let them know the details of your claim to be included in the settled cases data base - it helps others!

 

thanks

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