lotte123 v HSBC***WON***

[lotte123]

I am about to file my claim for charges online and have noticed that first charge now falls outside the 6 year period. Have just read Bank Fodder's article about claiming outside of the 6 year period but got a headache! From my understanding of what he wrote I think it is OK to include this charge in my claim but would be really grateful for some feedback before I file.

 

Many thanks in advance.

[Rayne]

Go for it. The 6 year limitation has pretty much been blown out of the water now - See http://www.consumeractiongroup.co.uk/forum/hsbc-bank/33005-bong-hsbc-contractual-interest.html?highlight=Bong if I recall correctly.

[Castlebest]

Keep it in when you file, DG Solicitors will moan like hell and try to exclude it from any offer they make to you and it’s up to you whether you accept them excluding it from your claim.

Rayne is right about cases having been agreed and settled for periods exceeding the 6 year limit but it does entail a lot of research to get the knowledge you need to argue your case if you want that money back (you will have to understand Bankfodders post and be able to argue those points with DG Solicitors, with our help of course ).

So leave it in for now and see what DG say, decide then if it’s worth the argument.

pete

[Janeykate]

hi lotte.. my first claim came was 2 months outside the 6 year limit....I'd just leave it in there.... as rayne says,,, go for it!

[lotte123]

Thanks guys . I will put it in and see. I think I can probably get my head around Bankfodder's excellent article if necessary! It's actually 2 charges and worth nearly £100 so I am prepared to argue my case. I'm off to file the claim now and we'll see where we go from here.

[Janeykate]

lotte, my claims are for 2 lots of charges outside the 6 year mark..., so far this hasn't been picked up by DG. however I am at the stage where my case has been transferred so dg could now argue re those 2 charges...don't worry though, as you say, bankfodders article is a real help. I'll let you know if my case is argued re those 2 lots of charges?

[lotte123]

Oh stuff! Have just realised that there were loads of mistakes in my schedule of charges. Knowing my poor track record on attention to detail would probably have been wise to have gotten a friend to check it. Have now had to write them another letter advising of new schedule and give them another 2 weeks. Hope that's the right thing to do. What a ninny!

[Castlebest]

Lotte NO !!!!!!!!!!!! you can change your charges schedule before you file with the court and not tell them if you want... as long as the one you send to the court is right that’s all that matters. Stick to your original timetable.

From the posts we see here we doubt HSBC send anything to their solicitors so anything from MCOL onwards is new ground, that’s why its important to send DG your schedule after you have filed your claim with the court.

pete

[lotte123]

Thanks Pete - thought I'd gone horribly wrong. Does it not even matter if the amount is slightly different?

[livelylad]

How much is slightly wrong and which way?

[lotte123]

And yes please Janey Kate - do let me know how you get on with your 2 charges. I'll be watching with interest - sorry you must have posted while I was writing and I missed it!

[lotte123]

I added an extra £27.50, missed £20 and got the year wrong on 3 of them.

[livelylad]

Have you filed at court yet?

[lotte123]

No - was double checking before I filed online.

[livelylad]

Ok then re check your schedule then once you have filed give it a couple of days then send it to their solicitors.

[lotte123]

HSBC have filed a defense. Sent the correct schedule of charges before they did. Now have a 'Notice of Transfer of Proceedings' and an order that the allocation questionnaire be dispensed with. Am now up against both FD and HSBC and feeling pretty scared about it all. Just hoping that it is going to come off in my favour otherwise I've sent some more money down the pan.

[Castlebest]

You will be fine Lotte, have a read of this thread it will tell you about what happens next.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

pete

[jowalshy]

Don't worry....keep calm. You will soon get something from your local court to tell you of the next process. You may still need to complete a form AQ, it is up to your own local court. If you have not received anything from your local court in a week or so, give them a ring and ask them:-

 

1. what is happening with your claim

2. Will an AQ be needed

3. If no AQ, will the fee still be needed to be paid.

[lotte123]

Thanks guys. Have had a read of the thread you posted Pete and will send a letter out to each of them this week. And call the court at the end of the week if I haven't heard anything from them. Working on staying calm!!!

[Janeykate]

Hi lotte, Thanks for your post on my thread.. Just to let you know, they agreed to pay from my 1st letter to hsbc up until april this year.. so in effect outside the 6 year limit (by 2 months) and the extra charges they had put on my account after I filed a claim!! Keep going, keep calm,, you will get there in the end. I've been a nervous wreck so know how you feel, but really it does pay to take all the advice from the great peeps on this site and keep going!!

[lotte123]

Great news! Well done for making it out the other side so successfully! The folks on here are amazing and I wouldn't have made it this far without them. Keep your fingers crossed for me - calmness is not something I am know for but I'm working on it. Thanks for your support and enjoy your money!

[lotte123]

OK - I know I keep being told not to panic but right now I am panicking

 

I just opened my mail to find a Notice of Allocation to the Small Claims Track (Hearing) for 12 July - that's less than 3 weeks away which leaves me less than a week to prepare all the stuff.

 

It says on the back in bold "PLEASE NOTE that the above hearing is a PROVISIONAL LISTING and has been listed with other cases on the above hearing date."

 

What do I need to do? Help please - I can't think straight :? Lotte xxx

[Janeykate]

Hi Lotte,, please don't panic!! I didn't hear anything from dg until just over a week before my case was to be heard... I finally got the money with days to spare!! You could ring the court and ask if there is anything you need to prepare?? you're on the home straight now lotte, you will soon get an offer!!

[lotte123]

Thanks Janey-Kate. I've just about calmed down - talk about blind panic - I just didn't expect it to be such short notice. First thing is to send DG a nudge letter on Monday and then start preparing my pack - it says on the letter that I need to provide the court and the other party with all the documents I will rely on at the hearing which means I really need to get this done by Tuesday at the very latest to have them delivered by Thursday - 14 days before. I see there's lots of info about doing this on the site - and my friend has offered to help me get it together.

 

I'm hoping that such short notice will work in my favour. Fingers crossed!

[Castlebest]

Here you are Lotte

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

pete