HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!

[Celicaman]

Sorry, meant to post last one on my thread.

 

Got more windows oopen than a glass house

CM

[Castlebest]

Makes you wonder if the local courts are using this as a way to ease there own work load, we must make a point of making everyone phone the court about the fee once the transfer papers have been received.

 

pete

[Celicaman]

Makes you wonder if the local courts are using this as a way to ease there own work load, we must make a point of making everyone phone the court about the fee once the transfer papers have been received.

 

pete

 

But i did that as advised, so i did what they said, silly buggers still sent it back, So now i suppose i gotta tell DG to take the £100 back off the claim

[Castlebest]

Yes Celica but you still got a court date out of it

 

pete

[lateralus]

as for dg - i'm thinking they won't make any moves towards anybody if they haven't contacted them...... how many people are just sitting there saying - now what happens??? and waiting for something -

you make your own offer happen by nudging and telling them you haven't gone away!

[Celicaman]

Just opened parachute account HE HE , Me thinks time to send prelim for 2nd claim going back to 1990, and CI.

 

CM

[rich2007]

Hi guys, sorry am new to this so bare with me.

This is my situation. Use Template letters from MSE.

 

9th Feb 2007 - Sent letter requesting 6yrs work of charges from HSBC giving them 40days to respond.

22nd Feb 2007 - Received responce staing they will be sending the whole statements in batches over the coming days. Returned £10 cheque I had sent with initial letter.

Received all Statements and noted charges.

5th March 2007 - Sent letter to HSBC requesting they repay my charges £1177.50 plus £224.64 interest using MSE calculator totalling £1402.14. Enclosed copy of charges schedule with letter.

23rd March 2007 - Send a LBA to ask them to respond and gave the 14days to do so. I attached the schedule again.

17th April 2007 - Filed Court Claim on MCOL as 14days expired.

19th April 2007 - Acknowledgement of Service filed

1st May 2007 - Received letter from HSBC in response to my letter on 23rd March. Normal standard response denying responsibilty but stating 'mindful of management time and unrecoverable legal costs they agreed to pay sume of £1010.25(no idea where this came from as no breakdown from them. They said they are not prepared to refund interest and also said claim went back further than 6yrs. This is rubbish as they sent me the statements in the first place from 2001 to 2007. Of-course it is over 6yrs now since the initial request.

7th May 2007 - Sent a rejection letter to decline their offer and request full amt. Stated I had already stated court proceedings but would postpone the court proceeding if settled in full. Wishful thinking.

Court cost also added(£120) so now claiming £1522.14

15th May 2007 - HSBC Defence started

23rd May 2007 - Just received the Notice of Transfer of Proceedings with a copy of the N9B form HSBC's solicitors had completed. They are disputing the full amount with a pretty standard Defence I would think quoting Terms & conditions, and that the charges are resonable. What tosh.

It has now been handles by my local court.

Question 1. What should I expect next and what should I be doing now. Is it just wait for the date. Obviously I do not want to go to court at all so how long have HSBC got to perhaps payup and avoind the court.

Question 2. I had calculated the interest for all the individual charges from 2001-2007 using the daily interest calculator on MSE. This was £224.64.

However, I put this on the Claim form on MCOL but it wasn't the 8% that the form states. Should I have used the 8% instead of the £224.64 total as infact I am worse off this way. Don't wish to upset the applecart at this stage and will be happy with the claimed amount but worried this may have confused. Should I have taken the original figure of £1177.50 and done the 8% calc which would have given me £1854 with court costs instead og £1522 using the daily rate calculator on MSE. As you can see it is £300 plus more.

 

Sorry for the long post but am worried now as in court process and concerned I have missed something. Any advice would be greatly appreciated.

[Celicaman]

Hi Rich, first thing is for you to start your own thread, that way people can track what you have done and any relevant questions will be answered there. Somebody will find it and advise you.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/

 

Call it something like rich vs HSBC or whatever

 

If you want to change your claim, you are going to have to file a N244 amendment form which will cost you £35 AND IS NOT RECLAIMABLE.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

It will delay your claim a bit, but for £300 notes its worth it.

 

I got my notice of transfer in Mid may and only just got court date for mid July. so you have plenty time to wait.

Use your time to read as many HSBC threads as you can and learn and understand all the things you will need to see this through.

 

Never be afraid to ask a question no matter how daft it seems, this can be a confusing site and a lot of the stuff takes a bit to sink in to the old grey matter.

When you draft a letter, post it in you thread (remove your particulars) and somebody will run the evil eye over it and advise if you need to change anything.

It may take a while but you will get your money if you do it correctly

 

Good Luck

 

CM

[Celicaman]

Hi Again Rich, Also what spreadsheet did you use to compile your chargers and interest ?

 

CM

[rich2007]

CM,

 

thks for the response, will find out how to create my own thread and do that. The spreadsheet I used was the one from MSE. When you enter the details and cal the interest, you have the chart with the totals. I printed this off and sent to HSBC.

[Celicaman]

CM,

 

thks for the response, will find out how to create my own thread and do that. The spreadsheet I used was the one from MSE. When you enter the details and cal the interest, you have the chart with the totals. I printed this off and sent to HSBC.

 

 

Ok, you need to use a better spreadsheet. MSE is ok for working out the figures, but you need to send DG & the court (2 copies to court i think) a list with what the items actually for IE overdraft fees, returned cheque etc, as stated on your summary of charges and bank statement sheets.

 

Try using this spread sheet

 

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

 

download from post 1

 

On the first tab at bottom is the instructions and where you fill in your particulars, then click the second tab, charges and interest tab . This is the bit you fill in with all your charges etc. Once filled in click on the 3rd tab in it will give you the list of your charges as you have fillled in on tab 1 plus it will list all the 8% interest on the charges, this is what you need to print of and send.DO not put any input into tabs 3 & 4, this comes from the info you input into tab 2

Keep Reading up before you do anymore filing, get your N244 form and read up threads on filling it in.

 

Here is a excellent page to find templates and forms etc,

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

Any probs

ask

 

CM

[lateralus]

anyone following rich's problems - see here:RichW Vs HSBC

he's now got his own thread and my suggestion is to fix the format on his breakdown and get it off to the local court and dg asap -

the mse interest calculator is not the problem - it's their lack of info on the s/s that causes the problems down the line. so that's my advice for him - just in case anyone else was tracking it.

[lyn0612]

Thanks lateralus. Hello i'm new to the site although i've read lots of threads for advise, i followed MSE process and now I'm in exactly the same position as Rich. so i'll check on his thread. I also completed the MSE ss to calculate interest and added the amount to my claim.

Along with the list of charges there're are asking me to: 'produce statements setting out the evidence of all witnesses to whom each party rely on, this includes the evidence of the parties themselves and of other witnesses whether or not the witnesses are going to come to court'. Not sure what to write re statement, is ther a sort of standard letter?

 

Thanks

[freakyleaky]

Hi lyn and welcome. Please can you start your own thread and put all your details there as you have here and it will make it easier to help you. Click on this and start your own.

[Audreygreeneyes]

I used the MSE sheet also, doe shtis mean that I have to re do it? and just send it with nudgeletters or will I have to submit the form and the £35 fee?

[lateralus]

the problem with the mse spreadsheet - apparently - is for one thing it doesn't have you put your account number/sort number on it - now i think most peeps will have done that myself - somewhere on you breakdown....

the other problem is - again apparently - just repeating what i've been told on here - they aren't too fussy with the description of the charges - so they say just put "charge" on the spreadsheet - and as you may know on here we say put the description of the charge as it appears on the statements - but apparently there is a space to put it on the mse one so again - i'm thinking a lot will have used things like card mis-use, recall s/o-d/d, total charges, etc.

if you did a really blank spreadsheet - with just charges - no description - then at some point - dg will probably kick it back and say - we don't need to defend this - it's too vague - it won't get seen in court.

 

if yours falls in that catagory - then you can either let it ride and see if dg kicks it back or you can (for £35 - resubmit the schedule by using the N244 and following all the directions - you actually send it to the court for a judge to ok it, then you yourself have to re-serve it to dg, they then get another 28 days to defend (i think) and you send the court a form saying that you have re-served the defendent. so, see the problem - it's swings and roundabouts - do you let it ride - or correct it.

some peeps we have seen have written in their poc's the bank charges are illegal, i want them back. now that's not going very far - so i'd advice in that instance - do the N244 -

depends on how the spreadsheet went in. does that help, age?

[Audreygreeneyes]

There is a blank space yes and I was going to go thorugh all the statements I printed off the other day and fill in the blanks with what my statements syas. they onyl say charge or total charges.........

 

Have sent DG and the court and the bank about 4 lots of that sheet, DG had it as soon as I filed my claim in april and when they subbmitted their defence said nowt..........

 

is it just possible they havent noticed? and maybe its worth adding the title and send it with a letter (use this as a nudge) see if they pic it up?

 

must admit the thought of giving them any mroe time........... ohhhhhhh i coudl rip a tissue.........

[Audreygreeneyes]

will dig out my mcol claim form and tell you what i said. but it wasnt just give me my money.......lol

[lateralus]

ok, so fill in the blanks (by the way total charges is just fine if that's what it says on the statement). make sure your account number is on it - and next nudge letter - just start using that one - hopefully it will get passed them - just have to wait and see. the mse particulars aren't as good as they could be, but the mods seem to think they are adequate.

i'd leave it, i think unless they kick it back.

[HSBCrusher]

The MSE stuff is not great, but now its been used, I'd just sit and wait as latty says.

Auburn.. your account is personal isnt it?

[Audreygreeneyes]

Thanks Lateralus, I found the mse site first and started with it.... now realise that was a mistake!!!!

 

Yeah that was my thought, play the little woman( i say that very mcuh tounge in cheek!). they have already had 3 lot sof it i think...........

 

but thanks very much ofr your thoughts greatly appreciated........

[Audreygreeneyes]

yes it is a personal one crusher......

[nettyg]

hey crusher you seem to have been a 'little invaded'!!!! i guess that's because your'e a dalek at the end of the day lol

 

hows your claimsssssss goin?

[Celicaman]

'Banks terminate, Banks terminate'

[HSBCrusher]

hey crusher you seem to have been a 'little invaded'!!!! i guess that's because your'e a dalek at the end of the day lol

 

hows your claimsssssss goin?

very well thanks.

Im off on holiday in a little while, so I'm timing it that I will put in my N1 when I get back.

That might give Mr Langdale a chance to make a full offer for a change (if you are reading Colin... lol)