cookie vs. hsbc and their pesky solicitors...

[cookie4413]

hi,

 

at the beginning of february, i started my claim with hsbc to try and reclaim my bank charges but no interest.

after 2 letters, and when i was at the point of going to money claim online, i finally recieved a response... although a standard form letter 'from' colin langdale stating they are investigating is hardly something i would call an actual response.

having spoken to the correct hsbc department, i finally lost patience and filed with money claim online and sat and waited for them to get back to me.

for almost a month, since 19th march, it stated that hsbc had acknowledged my claim... and nothing else, still not word be it by letter or telephone... i have emailed and telephoned their solicitors to no avail. last night i noticed that the status had changed to 'defence filed 19/03/07' so this morning i faxed their solicitors and about an hour later a chap telephoned me.

during our conversation he told me that they were waiting for me to hurry up and fill in my allocation papers and i was almost out of time so the case would be thrown out of court... he also told me it was my responsibility to chase up this matter... this made me laugh because i have been trying to chase this up for weeks but no-one wants to deal with it... and in addition, i most definitely had not received any court allocation papers...

after much pressing, he told me to call northampton court where they would verify what he said and he supplied their number...

i spoke to a lady who told me that there was no record of my case there and to speak to the helpdesk at moneyclaim...

i telephoned them and an extrememly nice lady told me that pretty much the guy at the solicitors was lying... they had only filed their defence yesterday and not a month ago as claimed and as such, papers had literally just that moment been put in the post for me... and i needn't worry about my case being thrown out of court due to my lack of response..

 

so, the reason i'm posting this little tale is because i'm wondering if anyone else has had they claim treated in such a way...

while i'm not surprised that they're stalling... i'm find it hard to believe that their blatantly lying about things... i mean, do they think i'm going to give up or something?

 

indeed, after i got off the phone to moneyclaim... i faxed the man at the solicitors back and told him that i was incredibley shocked that he'd lied to me in the extent he had, as in effect, he made out it was me who was delaying, not them... i also stated that in my initial claim i had not asked for interest but now, i'd be pushing for interest as well as the charges i've incurred on my account since i initiated proceeding...

 

i guess that it would be nice to hear from others who are having similar difficulties to me... as i need some encouraging...

 

although, omg, since i started writing this... i had a telephone call from the chap at their solicitors actually apologising for misleading me earlier

[Rayne]

go get em dood

 

Basically I think ur waiting for the MCOL to transfer the claim to you local court now at which point u may or may not get an Allocation Questionnaire, depending on the mood of the judge at the time I think.

 

If I'm right though, deciding to pursue the interest at this point AFTER the filing with MCOL is going to cost you a non-refundable £35 to have the claim altered.

[lateralus]

ok, where did you get your particulars for your claim - because if you used the template from the library then you most likely have put in there that you are asking for interest - did you tick the box for interest?

how big is your claim? i'm going to ask someone about this and i'll get back.

[cookie4413]

i used a template letter from the bbc website and decided not to claim interest because i wasn't sure how to work it out (at least half of the charges i'm trying to reclaim were incurred in the last 2 years... my last boss was absolutely appalling at paying me on time)...

so in short, i'm claiming for £2599.38 for charges, no interest has been calculated into this.

i had thought that by only claiming for the charges and omitting the interest, it might make my claim more straightforward.

 

however, in the 2 months it's taken them to get back to me, i've incurred a further £200 in 'total charges'

[nettyg]

i'd suggest you do a new claim for the new charges after you've settled your first one to save complications and cost on the present claim.

 

on mcol, did you tick the box that said you would be claiming interest or did you ignore it??

[cookie4413]

i didn't tick the box claiming interest when i filed my claim online...

and as this claim is proving more complicated, i won't be making any changes to it...

 

i figured that it would be more sensisble to finish this claim and then start on the newer charges after...

 

i just don't understand why they have to drag it out ot the extent that they seem to be... especially as from what i've read, they settle just before the case is due in court... it's complete craziness.

[nettyg]

no cases have been heard in court yet though! if you think about the recent media coverage - every one and his uncle have been told they can do this so they are doing it!! there are hundreds of thousands of peeps claiming at the mo so things are bound to have been slowed up by the process... just hang in there, your time will come and you'll get it back.

 

be patient, that's all.

[lateralus]

ok, well, i've looked at the bbc template and it doesn't mention the s.69 or the interest - so, i'm still looking into this for you cookie....

[GaryH]

This is a good example of why nobody should ever phone the banks or their solicitors regarding a claim. Insist on doing everything in writing.

 

Unless you wish to file a formal application (costs £35) then you've lost out on the interest I'm afraid. I would calculate what the value of it would be, and if its a couple of hundred or more them its worth making an amendment I'd have thought, plus you could add the latest charges at the same time. You are entitled to it after all! The perfect time to make an application is just pre-allocation, so if you want to do it let me know and I (or someone) will help you.

[lateralus]

what a guy!!!!

there you go cookie - i was thinking you'd had it -

take gary up on the offer - you'll be glad you did!

[cookie4413]

hi gary and lateralus,

 

the reason why i have had to contact hsbc and dg soliciters directly is because they have ignored my attempts at trying to contact them by letter/email, hsbc in particular.

i have read through many threads on here and seen that people have had some form of written comminuication from hsbc but with the exception of one standard letter 2 months ago, i've not heard a single thing. indeed, much of the problems in the past have been entirely due to hsbc not contacting me or sending me letters regarding my account.

last spring, i was sent a letter asking to return my debit card, which i know i never received along with various other letters they claimed to have sent me. even getting them to send me bank statements is a complete nightmare, i'm supposed to recieve mine on the 10th of each month, but i only seem to get them every 3rd month. my sister who lives at the same address as me and who also banks with hsbc has no such problems, although i do have a few friends who have said similar things.

i remember one time when i desperately needed to speak to my local branch (i've been banking at the same branch since i was 8, so that's 23 years!) and the person at the call centre refused to put me through, indeed, she actually said to me 'the staff at branches aren't there to speak to customers.'

i think that about sums it all up..

 

anyway, with regards to the interest... i guess the reason i didn't calculate it was because i wasn't sure how to do it correctly, initially, i was using mse website, which with hindsight, wasn't the best choice because the advice isn't as thorough as it is on here and if i'm honest, no-one there is as helpful as you guys.

if you are happy to help me (and i'd be extremely grateful) i can send you my summary of charges and the extra charges i've incurred since this all began. i don't mind paying an additonal £35 to amend my claim, I've come this far it's seems silly not too as i'd rather get it all sorted in one go then have to go through all this again.

presently, i'm currently waiting to hear form the court so i have no idea whether i've been issued with an allocation questionaire or if they've just gone straight for a court date..

[lateralus]

ok, get in touch with garyh by private message - do you know how to do that? he will help get your sorted.

[cookie4413]

many thanks for the tip lateralus, and oh yes, i'm a message board pro so i know how to send pm's

 

and it's nice to be part of an mb that actually has a useful purpose... the other 2 i post on are more about idle and pleasant distraction!

[lateralus]

cookie - gary had to pass this on for now - but will help you with filling in the form to amend. i'm going to ask givememymoney to lend you a hand;

to get the interest done.

[givememymoney]

hey cookie do you want to send me your spreadsheet and I will take a look at seeing if we can get a decent calculation for your interest? When you PM it to me take out your name and account numbers etc. so there is no identifying info it is safer that way.

[cookie4413]

hey cookie do you want to send me your spreadsheet and I will take a look at seeing if we can get a decent calculation for your interest? When you PM it to me take out your name and account numbers etc. so there is no identifying info it is safer that way.

 

hi, i've just pm'd you a link to my spreadsheet

 

and in other news, i came home this evening to find an envelope from northampton county courty (complete with sellotaped side where my father had decided to open it )

inside is the notice for transfer of proceedings to my local court.

interestingly, the date their defence was filed is 17th april and not 19th march as they told me on the phone and on my file with moneyclaim.

 

there's a photocopy of the defence by dg solicitors signed by kate eaves (which i can scan in tomorrow should anyone wish to read it)

section 3 (their defence on 5 points) reads as follows:

 

1. the claimants account is governed by the defendants personal and/or business banking terms and conditions.

2. pursuant to the defendants terms and condtions the defendant is entitled to make a charge for it's services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

3. the defendant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the purposes of the unfair terms of consumer contracts regulations 1999 (utccrs).

4.the charges applied ot the claimants account are reasonable and are properly and fully disclosed in the defendants terms and ocndtions and published price list. the charges represent the contractually agreed price for the services provided and the utccrs are not applicable to them; alternatively, they are not unfair contrary to the utccrs. further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5. save as set above, each and every allegation by the claimant is denied. for the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

 

 

also included is this:

 

northamptopn county court

 

between cookie4413

case number: ********

 

and hsbc bank plc

 

in the ilford county court

court code 231

 

before district judge *******

 

sitting at northampton county court

 

without hearing

 

it is ordered that: -

 

1. the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise. **

 

note: any party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. such a party must apply under rule 23.3 within 14 days of service of this order.

 

** please note that an allocation fee may be payable in this instance. please contact the court of transfer for further details.

 

date order drawn 17/04/2007

ch

 

 

so, what happens next? can i expect to hear from my local court or do i have to reply to this?

[givememymoney]

I have PM'd you about the interest.

 

The defence is pretty standard you should hear from your local court in the next few days. Here is another thread for you to read which explains what happens next. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

[cookie4413]

and i've just pm'd you back... and oh wow is all i can say!

 

thanks for the thread link, i'll get to reading it

[cookie4413]

can someone clarify whether i can modify my exisiting claim before i receive a court date... and if i can, how do i do it?

 

thank you

[lateralus]

this is where the amending bit comes in

i think you need this form:Form N244 - application notice

and this is what garyh said he would help you fill in - so pm him with your old particulars of claim if you have them and your new totals which gmmm helped you with and hopefully he will help you with it.

 

i know i saw a step by step of how to fill out the N244 somewhere - but can't lay my hands on it - so ask garyh for help. it will cost £35 and that won't be refundable through your claim - but i gather from your reaction that it will be worth it?! hope so!

 

and once you get it amended properly - you'll need to send dg an amended copy.

[givememymoney]

I am pretty certain that you have to file an N1 form with this as well but gary should help with this

[lateralus]

found it - again it's michael browne's work ----

 

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to particulars of claim in respect of total claim value

 

(because....) the claimant is now aware that an error was made in calculating the amount owed

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim in respect of the claims value only.

 

 

Please find attached to this application my proposed new particulars of claim, amended to represent the correct claims value, as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

 

 

Fill in an N1 using the POC's here:

4. Particulars of claim - N1 - hard copy version

 

Take 3 copies of the N1 and 3 schedules with the N244 and £35 fee to the court. They will send 2 back to you, 1 of which you serve/send to Barclays solicitors and confirm to the court you have done so.

 

 

 

 

 

and cookie, this time make sure you use the N1 template for the particulars of charges from the library which includes the s69 request for interest. you'll get there - keep at it!

[GaryH]

found it - again it's michael browne's work -

Hut, hum - you sure about that?

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

So we're all sorted on the interest calculations now then? I think Lattie and GMMM have just about covered the N244 between them, also read the link above then if you still have any questions just shout.

[givememymoney]

Hut, hum - you sure about that?

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

Plagiarism is rife on this site and a lot of it is me!!!!

 

The interest is sorted now. Just the amendment to go!

[cookie4413]

indeed, the interest is now sorted, special thanks to those who helped

 

and even better, I've just got into work to discover both my bosses are out of office all day, so I can start work on the N1 and N224. god bless fridays and the usual slackness at my office!