HSBC vs. The Large Portion

[The Large Portion]

Hellooooooooo!

 

I sent my first letter two weeks ago exactly, and I've just (on the 14 day mark) received a letter stating that my case is being looked into.

 

 

Therefore, I'm today going to send my letter before action via recorded delivery. Any tips on anything I need to do? In fairness, so far, I've not added the interest onto the outstanding charges, do I need to yet?

 

Here goes nothing

 

Paul (The Large Portion)

[givememymoney]

Sounds like you have everything in order. I take it that you are not claiming overdraft interest? You would be right not to add the 8% statutory interest at this stage that happens when you file your court claim.

[The Large Portion]

At this stage, no I'm not. I'm about to post my second letter via recorded delivery so hopefully, this will motivate them into some sort of positive result. I've received the standard "we're looking into it, bear with us" letter, I'm choosing to stick to our timetable so far.

 

Thanks for everyone's advice, this forum is brilliant. Hopefully there's one more result to come. I'll keep you informed - letter posted on day 15 recorded delivery.

[givememymoney]

I sure that in time you will get a result

[The Large Portion]

I know we talk about sticking to time tables, but what if I can't afford the £120 MCOL fee for a few weeks? Sounds daft, but I don't have that cash to spare at this stage...is it going to cause problems?

[Rayne]

Paul, I was in the same position as you and in the end my mother came through for me

 

I realise it's "borrowing" again but in this case it's as much a guarenteed return as you're ever likely to get.

 

IF you can't beg, borrow or otherwise acquire it, you may well have to leave it a bit to save the money up...shouldn't affect it that I'm aware of.

[pinkduchess]

its your claim so you set the timelines. carry on with mcol when you've got the money.

[Castlebest]

I delayed my submitting my claim to the county court for the same reason, I know other people who are having to do the same.

The 14 day period suggested here is a reasonable amount of time for HSBC to review your claim and make a sensible response, if you choose to extend it (its your claim you dictate the terms) your just being nice to them.

I would suggest if your delaying more than a couple of weeks you work out when you will be able to afford the court fee and send them another LBA 14 days before that but it shouldn’t be a problem.

pete

[The Large Portion]

Thanks for the adviced, processed my MCOL claim this morning so it's now ongoing. Do I need to post any information in here regarding this?

[jowalshy]

Now you have done your claim with MCOL you need to send 2 copies of your schedule of charges to MCOL:-

 

Your name & address

The Court Manager

Money Claim On Line

Northampton County Court

21-27 St.Katharine’s Street

Northampton

NN1 2LH

Date

Dear Sir/Madam,

xxxxxxxx –v- HSBC Bank Plc

Claim No: xxxxxxxxxx

Date Issued: xx xx xx

Please find enclosed the 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 in my claim, namely £xxx.xx, plus the court fee of £xxx.xx.

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely

 

 

Then, once you have received the acknowledgement notice that DG intend to defend you will need to send a copy of your schedule of charge to DG:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Date: xx.xx.xx

Dear Sir,

 

xxxxxxxxxxxx‘v’ HSBC Bank plc

Claim No: xxxxxxxxxxxxx

Date of Issue:xx.xx.xx

Please find enclosed a copy of my schedule of charges and interest claimed under section 69 of the County Court Act 1984 at 8% from the date of each charge to the date of the claim. Please note that I am continuing to claim interest at 8% until judgement or settlement at a daily rate of £x.xx per day.

Yours sincerely

[pinkduchess]

well done paul - do as jo says above - then you can sit back & relax for a while.

[The Large Portion]

Disaster. Somehow, and I don't know how I've done it, I've got the claimant and defendant stages the wrong way round when filling out the online form. When the claim came through this morning, I nearly had a heart attack when I read that I was the defendant.

 

How in god's name do I recover myself from this!!

[jowalshy]

Oooooops. You will need to cancel the claim. I'm not quite sure how you will do this as you have put yourself down as the defendant. Give MCOL a ring on Monday and explain the situation with them. You may be able to do an amendment.

[The Large Portion]

Right, situation possibly saved. I've spoken to the court, I have to submit an N244 form to amend the claim, but also filling out an N1 too.

 

When filling out the form on moneyclaim, where it says amount claimed, do I put in the amount including the 8% interest to date, or just the amount that's actually been debited?

 

Cheers

 

Paul

[pinkduchess]

'amount claimed' includes the 8% interest as per your spreadsheet to the date you file your claim

[gemiali]

Thought you might like to know i have to drive past DG solicitors 4 times a day for work! Talk about rubbing salt into the wound when you are waiting for them to cough up!!

[The Large Portion]

Haha feel free to chuck a couple of eggs at them while you're at it!

 

If they're going to try to justify charging £125 per month in charges they can count that in their costs!!

 

Thanks for your help again guys, just waiting for some help with the N244 form (made a friend at the MCOL helpline, lol!) and then we're back on track. Just hoping that guy in Hull hasn't set precident for future cases!!

[Castlebest]

Hiya LP, we have a judge in Hull threatening to throw out claims and a judge in Reading threatening to throw out defences.... and somewhere in between everyone else has their own ideas.

Best advice is to play your own game with whichever court and judge you have and not worry about the "headline" cases.

pete

[darkrage]

hear hear - but it would be nice for a test case to make it to the big cheese judges so all banks have to give us our money back without the need for court but in saying that it is fun:D.

 

personnally i would love to send in the bailiffs.

[Castlebest]

And thats exactly why, despite the best efforts of the district judges, no test case has ever got to court.

I think the Lloyds TSB case may have been an effort to force the situation in the apeal court but its backfired and its now going to the Ombudsman cest la vie.

 

pete

[gemiali]

Keep going everyone, the determination of everyone is spurring myself and i have no doubt soo many others. Power to the people and all that! I think you are right, Lloyds have bitten off more than they can chew, that judge was cursed by all the experts for going against the law. The law is on OUR side and soon all the banks will have to splash the cash to US for a change, the greedy, *******'*. Grrrrr:-x

[The Large Portion]

And we're away! I've sent a new claim, including the charges sheet and a claim amend form to get my case going.

 

The only downside is that it's cost me £35, but another way to look at this is that I get that back in the interest charges claimed back from the original case.

 

Woohoo, one more to D&G (with an egg enclosed :grin:) and we've got another case on our hands!

 

Paul

[pinkduchess]

good youre back on track

[Castlebest]

Is it any wonder DG dont answer mail... paul puts an egg in his letters Rob the Viking sent his kitchen bin contents !!!... like the style but its hardly helping

 

pete

[The Large Portion]

Progress is a wonderful thing

 

Got up this morning and there's a letter from HSBC. They're prepared to offer me £2377 (against the £2722 i'm claiming for). Their reasons for this is that I've already had a £200 refund of charges already (as an incentive to get into their premium plus bank accounts scheme) and £200 in charges upto and including today.

 

What would you guys do? I'm not sure, I didn't remember the refund but going through the statements again, they're definately there.

 

However - the court would allocate, in respect of interest and full amount, approx £3100.

 

Any suggestions?