Help Req Wednesday vs Hsbc

[wednesday1867]

I think the best thing is, to download a spreadsheet off here and after looking at the complex one, ill stick with the easy one, sit down tomorrow night, re input everything, then go thro mcol

[wednesday1867]

there is a difference in the way that mse and cag operate. be careful that you don't submit conflicting information. stick to one website or another wednesday.

 

I used their letters, and the interest calculator, but surely the calculator works out to the same amount and now im here, this spreadsheet looks better than the one i did, plus i need to change the spreadsheet to include the interest up until i make the claim with mcol? So shouldnt be conflicting, might just look different.

 

Edit:

 

On the spreadsheet i did, i had the headings

 

Period Charged,Date Charged, Charge Code,Description of charge,Amount Charged, Interest on Charge, Balance, Balance with interest, i had to do it like that, cos i couldnt or dont know to get a spreadsheet you add it up for me,lol

 

Another Edit:

 

A lot of my charges were classed as "Total Charge" is it ok to put them in as that?

[jowalshy]

Good choice & good luck. Just take your time and make sure you have got everything right. Also when you do your MCOL make sure that is right. I made a silly mistake on my first MCOL. I managed to cancel it before it got issued. MCOL can take up to 7 days to refund your money if you catch it before it gets issued. If a mistake is found after it is issued, it can cost you a further £35 to put it right and that is not reclaimable.

[nettyg]

ok, the interest calculator on mse is really easy but doesn't include details of each charge. you will need a detailed s/s when you file your claim so it will be better if you can download one from this site and fill in your details your statements.

the conflicting info is... mse tell you to ask for the 8% interest from the outset, but here we don't. also mse will give you guidance so far into your claim, then somehow the info stops - that's where we get peeps after the event.... for help!

[wednesday1867]

Good choice & good luck. Just take your time and make sure you have got everything right. Also when you do your MCOL make sure that is right. I made a silly mistake on my first MCOL. I managed to cancel it before it got issued. MCOL can take up to 7 days to refund your money if you catch it before it gets issued. If a mistake is found after it is issued, it can cost you a further £35 to put it right and that is not reclaimable.

 

 

Yeah i will do thanks, closed my account or had my account closed for me last year, due to going to a dmp with payplan and defaulting on my managed loan. Ill try give them a ring tomorrow night, see if i can found out when i opened the account, im positive i opened it when i left school tho.

[wednesday1867]

ok, the interest calculator on mse is really easy but doesn't include details of each charge. you will need a detailed s/s when you file your claim so it will be better if you can download one from this site and fill in your details your statements.

the conflicting info is... mse tell you to ask for the 8% interest from the outset, but here we don't. also mse will give you guidance so far into your claim, then somehow the info stops - that's where we get peeps after the event.... for help!

 

 

I think it was cos im not computer illerate and ive just got vista and ive no idea how a spreadsheet works and it was on the site, so put each one in then typed into a document:cool: , ive downloaded the spreadsheet from here, ill put a few in tonight, but im just curious as i say a lot of my charges said "Total Charges" , is it ok to class them as a "Total Charge"

[nettyg]

type them in exactly as they appear on your statment

[givememymoney]

They are usually Total Charges for period 4th Jan - 4th Feb etc It is worth including the timeframe that the total charge apply to.

[wednesday1867]

Thanks for your help and input, ill crack on doing the spreadsheet tonight and then be back tomorrow umming and arring over if ive done mcol right,lol.

[wednesday1867]

Just an update, filed with mcol and accepted 19th April, so i take it, its just a waiting game now for at least 28 days?

[pinkduchess]

(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,

[wednesday1867]

Just a quick question, as per earlier in the thread, i have done a new spreadsheet.

 

I now come to finish it off and of course the balance has gone up slightly, i have to send two copies to the court, i added a paragraph:

 

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 £1804.30. As per my claim I will be claiming interest up until the settlement date, hence the slight difference in totals, the attached schedule includes interest up to and including the 22 April 2007. So the running total is £1805.37.

Will that be ok, or wont it make any difference?

[jowalshy]

Try breaking the amounts down to show the addtitionally interest ie Total Charges = £xxx.xx, Interst claimed at date of filing £xxxx.xx, Daily interest accrued at £xx.xx per day to date = £xx.xx.

[wednesday1867]

As per my claim I will be claiming interest up until the settlement date, hence the slight difference in totals, total charges £1418.50, Interest claimed at date of filing £385.80, Daily interest accrued at £00.31 per day to date = £1.07.

 

Just found a mistake tho, i calculated my interest on amoutn claimed plus interest.

 

Interest should be 31p a day, i put 40p a day on mcol, can i rectify this?

[Michael Browne]

Not without amending your claim (£35 unreclaimable).Don't bother, it's not worth worrying about.

[wednesday1867]

Just a quickie, my mcol says aknowledged 23rd. Do DG have 14 days from this date or 19th when i filed it?

[lateralus]

neither, they have 14 days from the date of issue (found on your notice of issue/service) then when they acknowledge - they have another 14 - so 28 days in total from the date it was served.

 

time to send copies of your breakdown:

 

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,

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.

 

 

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,

[wednesday1867]

Quick Update,

 

 

Received in the post today the "Notice of Acknowledgement of Service has been filed".

 

Ive prepared my charges and a letter to send to DG Solicitors tomorrow.

 

 

Do i still need to keep sending it recorded?

[givememymoney]

It is probably best to send it recorded then they don't have any excuses

[wednesday1867]

*Update*

 

MCOL still showing as acknowledged 23 April. Sent a letter to DG saying seeing as yet they still have to defend, id settle now for £1920. Still heard nothing.

 

Today i received a letter from HSBC, which read,

 

Further to your letter dated 22nd Feb requesting a refund of your bank charges, we have been advised that you have now registered your claim with the courts.

 

This matter is now being handled by our solicitors and you will receive all future correspondance directly from them.

 

Thank you for taking the time to write.

 

Pointless letter really, waste of paper and a stamp

 

They ackowledged on the 23rd April and intend to defend, so is it 14 days or 28 that they have to put in their defence?

[lateralus]

28 days from the date that the claim was issued - it's on your paperwork from the court.

[wednesday1867]

The only paperwork ive had from the court so far was a "Notice of Acknowledgement of Service has been filed" Only date on this is the 23rd April, so ill go on 28 days from this.

 

 

Thanks for all the input so far, much aprreciated.

[Guest ChloeJane]

Hi,

 

Just so you know what to expect ahead and are aware and are ready.

 

They will defend as in natural and the process is just time frames now.

 

They have 28 days from the date of acknowledgement of service to file their defence. They file a defence to make you think you are wrong.

It will then be transferred to your local court.

 

The court will be in touch and forward you a copy of their defence. Thumb twiddling time till then as nothing can be done except to read up on and maybe prepare for what is called an allocation questionare to arrive.

 

This is a set of either questions they are asking you on what you are seeking and to allocate time as an estimate.

 

DONT WORRY IF ONE DOES NOT ARRIVE

To read up about them and how to fill it out should it arrive click here

Allocation Questionnaires - A guide to completion

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

Is your court dispensing with the Allocation Questionnaire?

 

 

Once the court has this back, then you will be allocated a court date.

 

Please be assured all this is a process of intimidation!

 

Hope this gives some more direction of what next.....all the best with your claim..

 

CJ

[Audreygreeneyes]

They waited till 6 days before the end of the 28 days..... gutted was so looking forward to pressing that little start button.......... noticed it was missing so phoned court to be told ....Defence submitted. so if oyu check like me andnotice it gone.. you now know why......not sure how long it will take for the court papers to arrive.....dont knwo if this is any help to you but ont he 28th April a judge awarded costs because the bank had waisted the courts time.................the same judge commented that the defendant acted unreasonably in defending the claim without any intention of allowing the matter to trial............ some ppl have advised giving DG a nudge letter , I have today and enclosed both those articles. nto sure it will make much difference but it might.............. that mightbe of help to you . good luck auburn

[thefuture]

Hi Wednesday, looks like we're on about the same time scale, my 'Notice of Acknowledgement' was dated 18th April, though I'm still not sure when the last day for them to defend is, having done nothing but read threads on here since i got acknowledgement i thought it was 28 days from notice of issue, mine was issued 16th April then goes onto say, it will be deemed served on the 21st April so who knows, I'm expecting them to defend around 15th May last minute as usual. I'll follow your thread to see if anything happens you'll have to keep an eye on mine as it looks like I'm about 5 days ahead. 28 days has never passed so slowly I'm looking on mcol every day sometimes twice and the weekends are such a drag coz you know nothings going to happen until Monday and this week we've got to wait til Tuesday. My thread is 'thefuture Vs HSBC' Good luck tf:D