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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Microdotster-vrs-HSBC


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Hi everyone,

Just thought id post how my claim is going, I closed my HSBC bank account at the end of 2002 and have decided to claim back the charges from Jan 2000 to Dec 2002. When I checked through my old paper work I couldnt believe that Id actually kept nearly all of my statements. Theres a few missing but luckily the previous statement tells you what charges they are going to put on your account next month, so rather than wait up to 40 days for the Data Protection Act request ive decided to go with what ive got in charges, which is a grand total of:

 

£1674.00 :D

 

I have already sent my preliminary request letter along with a schedule of charges recorded delivery to Colin Langdale at the Leeds address. Is this the correct person as I am actually from the London area? Anyway I have tracked it online and this letter was recieved on 24/01/07, so by my reckoning they have until 06/02/07 to reply. If not then I will send them a letter before action, is the next 14 day wait really necessary? From what ive read HSBC seem to always take it all the way to the court stages anyway.

 

Ill keep you all posted, any thoughts would be grateful!

Thanks for reading!

 

P.S. Oh and im also in the process of writing up my schedule of charges for the last 6 years of Abbey charges, as I have all of my statements for them as well. Wish me luck!

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Cheers for your reply ladybird, ive pretty much read as many HSBC claims as I can at the moment and most seem to point to the best contact being Mr.Colin Langdale.

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hi micro

i know the bank don't usually respond to letters written on time. By giving them 14 days to respond, you are giving them a reasonable time limit in which to do so. you then stick to your timescale - regardless, unless of course they respond with a 'heres all your money back letter' - it happens rarely!!

good luck with your claim/s

netty

If i've been helpful in any way....then tip my scales over there!

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Oops I think I might have made a mistake, when is the earliest date I can claim from? I started mine from Jan 2000, but now I think about it I sure I can only claim from Jan 2001, can some one confirm this for me? Its gonna cost me about £600.00 if im right!

 

Cheers in advance.

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Should I send a second prelim letter without claiming for Jan 2000 to Dec 2000, or should I just wait until the deadline is up (Tues 6 Feb) and send the LBA with this time period on it? Can anyone give me some advice please?

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hi micro

it is charges for the last 6 years - as you haven't submitted your claim to the courts yet maybe you could alter your spreadsheet for the correct amounts and dates. i think you can alter it before it goes to mcol/court but obviously not after.

i say stick to your timescales and press ahead with the lba when the deadline comes

If i've been helpful in any way....then tip my scales over there!

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Cheers netty, so you reckon I should take the charges off of my schedule for the dates Jan 2000 to Dec 2000 now and send an updated sheet with my LBA, which is due on Tuesday 06/02/07? do you not think its worth hanging on until its time to raise my MCOL before changing it, just to see if they pay up before court action? LOL ;)

 

Thanks for your reply BTW.

 

I got a first reply today from Mr.Colin Langdale, it reads:

 

Dear Mr. XXXXXXXXX

 

Thank you for your letter dated 23 January 2007 concerning bank charges.

 

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations.

 

In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with. If you do need to contact us please quote reference number XXXXXXXXXX.

 

Your sincerely

 

Colin Langdale

Senior Service Quality officer

 

It sort of feels like something is happening now LOL!

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hmm i think that if you left your s.o.c. the way it is, if it went to court and you won - they would knock the amounts off for prior to 6 years anyway?? not 100% sure, but i say amend it and send the new one with your lba - tweak the letter so that you mention that the breakdown of charges is amended

If i've been helpful in any way....then tip my scales over there!

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Yeah im going to the bank tomorrow to see if they can print out my statements from 2002-2003 as most of these are missing, to try and bump the claimed ammount back up. Ill have to remove the ones from Jan 2000 - Dec 2000, :mad: gutted :mad: drops my claim down to just over £1000.00 :rolleyes:

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Right, just got all my missing statements printed out at my branch and it bumps my claim back up to....

 

:D £1443.50 :D

 

This is without the statements from Jan 2000 to Dec 2000 which is fantastic, this means ive only dropped £230.50. Im about to post off my LBA to Colin. L now. I take it I only add the 8% interest when I register my MCOL? Hope I dont get an offer before, as it will put it up to £2034.41 :D at the court stage.

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if you get an offer before it gets to mcol stage and it is not acceptable to you, just inform them that you will only accept the amount as partial settlement as if it went to court you would bet getting the lot back (or words to that effect). likewise if you get an offer after mcol - do the same but tweak a letter to say, yes but as partial settlement only, but see ya in court for the rest

good luck

If i've been helpful in any way....then tip my scales over there!

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microdotster, just looking at your thread and i'm wondering if you did your charges on a spreadsheet from the library - reason i ask is if your charges are 1443.50, i don't think you will add 600 with the 8% interest. just to clarify you use the spreadsheet or the interest calculator because it figures out the interest on each charge from the date of that charge(so a charge from 2003 would incur more than a charge from 2005 - the interest for each charge needs to be calculated, that's what the s/s does so wel., it just sounds out of line to me - so i would put your charges on a s/s, if you aren't doing overdraft interest and are just looking to figure the 8% for the claim stage use the england-excel or word simple s/s. 6. Interest calculation spreadsheets see how it comes out - this same spreadsheet becomes your schedule of charges and looks very neat and tidy to send with your lba (call it your revised schedule in the letter). and also you will be sending it to the court and their solicitors pretty soon.

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Hi Lateralus,

I know it does seem high doesnt it? I did use the simple spreadsheet from the library and ive double checked it, I think what makes it so high is the fact that all of my charges are from Jan 2001 to Dec 2002 which is a long time ago!

My first charge was on 16/01/2001 which was for an unpaid D/D which cost me £28.00, the interest worked out by the spreadsheet shows as £13.66! (2218 days ago) My total for this year is £793.50 the interest adds up to £363.64! Total: £1157.24 Plus the other schedule for 2002!

I have used this spreadsheet as my schedule of charges for both my HSBC and Abbey claims, I have just taken off the interest rows for the purpose of the Prelim and LBA's. Thanks for taking an interest and contributing to my post, BTW. :D

microdotster, just looking at your thread and i'm wondering if you did your charges on a spreadsheet from the library - reason i ask is if your charges are 1443.50, i don't think you will add 600 with the 8% interest. just to clarify you use the spreadsheet or the interest calculator because it figures out the interest on each charge from the date of that charge(so a charge from 2003 would incur more than a charge from 2005 - the interest for each charge needs to be calculated, that's what the s/s does so wel., it just sounds out of line to me - so i would put your charges on a s/s, if you aren't doing overdraft interest and are just looking to figure the 8% for the claim stage use the england-excel or word simple s/s. 6. Interest calculation spreadsheets see how it comes out - this same spreadsheet becomes your schedule of charges and looks very neat and tidy to send with your lba (call it your revised schedule in the letter). and also you will be sending it to the court and their solicitors pretty soon.
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Just got confirmation that my L.B.A was recieved on 12/02/07 :smile: which means it will be time to register with MCOL on 26/02/07 :lol: unless a full offer is recieved before then! Which I doubt! ;)

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go ahead and register now - work your way through - it's very easy stuff, in and out at will, work your way up to the particulars - that's the only really tricky bit - getting your particulars into the limited space. there is a template in the library above - and if you want - i'll send you mine as another example. that way you'll have it all ready to go when the time comes - just press submit and pay and it's done.

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go ahead and register now - work your way through - it's very easy stuff, in and out at will, work your way up to the particulars - that's the only really tricky bit - getting your particulars into the limited space. there is a template in the library above - and if you want - i'll send you mine as another example. that way you'll have it all ready to go when the time comes - just press submit and pay and it's done.

 

Oh I didnt realise I could make a start on it now! Quality! So what youre saying is that I can fill it all in ready and just submit/register it on the due date (14 days after HSBC's reciept of my L.B.A)? If you wouldnt mind sending me yours as a guide I would appreciate that alot, ill P.M you my e-mail - cheers, that is really kind of you :D thanks for the help!

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Lateralus,

just had a look at your *WON* thread, I cant believe you won in under 4 months, thats pretty good going isnt it? Well done, hope mine goes as smoothly. Do you think it might be affected by the fact that my account was closed in 2003? Also ive read a few threads about people claiming in excess of 6 years, is this possible? if so how? is it more complicated?

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sent my partics.

as for the over 6 years - it's a longstanding debate - lots of threads to look at -

you might ask liz - with her dirty tricks thread as she has just given me chapter and verse on statute of limitations - i'm not there (understanding or deciding what to do with it - advice wise) yet. ask her. that's what we do around here - point in the right direction.

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Ok cheers will do that then. I think that if I am going to claim for longer than 6 years I will do it on a separate claim as ive already sent my LBA and dont wanna risk losing this claim.

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Thanks for the e-mail I will make a start ASAP. Still have had no reply and the MCOL is due on Monday :D LOL

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  • 2 weeks later...

MCOL is now completed and waiting for it to be served to HSBC! I hope its £120 well spent! Anyone got any idea what I should be doing now? Should I be sending HSBC or DG a copy of my schedule of charges with the now added 8% interest? (which bumps it up another £600) :D Sweeeeeeeet!:D

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