Reclaiming Charges from HSBC

[bassett19]

Hi All

 

 

I am eagerly awaiting the 14th day from when i sent my letter to HSBC threatening court action. I am preparing my Moneyclaim form online. Can anyone advise from when does the 6 years i can backclaim start from? is it the date i orignally wrote to hsbc requesting the charges back or the date i begin the court proceedings?

:?

i would greatly appreciate any help on this

many thanks

 

hopefully £1800(including the interest!!) better off very soon

vbrep_register("750113")

[Rayne]

HI Bassett and welcome

 

Why just stop at 6 years? Have a read of http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882

 

But if you are just doing the 6 years then yes, from the date you wrote your first letter to HSBC, give or take.

 

Good luck with your claim

[bassett19]

Thanks

 

I think the 6 years will do me for now !!!

will keep you updated on progress and probably be back for more help

[Rayne]

okies

 

feel free to ask away as we're all here to help and have been where you are now, some of us a few times

[lateralus]

don't want to rayne on your parade!!!! but the solicitor's balk every time at charges going back six years beyond the date of the mcol claim.

i don't like it and i don't agree with it - but it's the date they seem to go by. surely - common sense would be from the date of the first letter - but that's not their view.

[Rayne]

evening lattie, wondered when u'd pop up lol

 

looking through a few threads i've noticed that and have myself done it from the date of the first letter...u reckon they'll still go with the limitations thingie even though it's been blown out of the water now?

 

oh, had a look at my user cp as per ur suggestion in my thread...private messaging was already enabled, so not sure why it should balk at me...but i get that a lot

[lateralus]

i see it all the time - bank says they won't pay those first couple of charges - so, my suggestion is - if you have any to add on - try to negotiate the newer ones in if they say no to older ones - they can't have it both ways - if it comes to that - i'll help with a letter when your time comes (sounds so serious!!!!!) is it working now - i'll pm you to see.

[bassett19]

Hi Helpers

 

Have done the Moneyclaim thing and have just recieved " Acknowledgement of Service " completed by Kate Eaves at DG Solicitors.

 

Am i best just sitting tight now and waiting to hear from them or should I do something now

 

Would much appreciate your advice.

 

Thanks

Bass:)

[Rayne]

They should now file a defence, after which yours will be transferred to your local court, so expect a Notice of Transfer of Proceedings sometime in the next month or so as they have 28 days from when they are served to actually file their defence. Send a copy of your Schedule of Charges to DG and one to MCOL to be attached to your claim.

 

Up until fairly recently they were issuing AQ's but these have been pretty much dispensed with now.

 

Best bet is to have mooch about, read up on some threads that are just ahead of your current stage and bring yourself up to speed on what happens next.

 

Hopefully, IF I've written enough here, there should be some useful links in my sig that it would be worth have a butchers at.

[bassett19]

hi all,

 

have sent copy of charges to DG and court, suggesting to DG to settle propmtly for full amount without need for any further court intervention. Still havent heard anything but wondered what impact the Lloyds Tsb case is going to have on future cases.

 

Thanks for al the help, I would be really worried without the sound advice and help i get here.

[lateralus]

we are saying business as usual - look at it as a one off - and now we include

t & c's in the court bundle

send another nudge as per post 1 of this thread:New---after 28 Days - Maybe No Aq!!!!!!!

[bassett19]

hi peeps,

sorry lots of questions but finding the waiting very hard!!!

 

should i have recieved acknowledgent from the court that they recieved my summary of charges?? also should i still just be sitting tight, the MCOL is still is the acknowledged stage, they have till 3rd april to enter a defence. if they dont is it advsied to do the default judgement thingy??

 

i feel like i should be doing something, is it worth writing to HSBC directly again?

 

thanks all

bass

[lateralus]

no writing to hsbc - now that you've filed you claim - you are dealing with dg - their solicitors -

you don't usually get anything now apart from at the end of the 28 days when you will get a notice of transfer - to your local court and a copy of the bank's defence.

 

did you send your breakdown to the court to be attached to your claim - if not - go ahead and do that now -

and did you send one to dg - if not - go ahead and send one now to kate eaves.

 

when i said to nudge in an earlier post - i wasn't paying attention - we dont start nudging until they file their defence which if you filed around 4 may, then it was probably "served" around the 8th and they have 28 days from then so it doesn't have to be defended until about the 7th June -

 

i know it's hard to wait - but you must - and in the next period there's more waiting. think of it as a hobby that is going to bring in some dosh down the line a bit.

[bassett19]

thanks lat

 

will keep you updated on the progress and when i need more help

 

cheers

bass:)

[bassett19]

hi all,

 

i havent heard anything from DG and have now reached the 28 days so could request a judgement. Is this the best course of action. I have read somewhere it may not be as DG could still enter a defence and the judges arent keen on making a judgement when no defence has been entered.

 

any suggestions?

 

thanks

bass

[jowalshy]

You will probably find that DG ahve entered a defence at the last possible moment and MCOL have just not updated the system. Wait a couple of days and check again, you will probably see that the defence has been filed. If the defence has been entered your case will then be transfered to your local court and you will receive notification of this from MCOL in a few days.

[bassett19]

well done Jowalshy go to the top of the class!!!

 

have just checked MCOL and yes your right. I am again going to sent summary of charges to DG and Court as recieved no acknowledgement to either before the letter also asks to settle promptly out of court for the full amount. Will do it recorded this time as naively didint last time!!!

 

any other pearls of wisdom to offer on what i should do?

 

thanks

Bass:confused:

[bassett19]

progress today

 

have recieved an offer from hsbc, albeit about 60% of one of the two claims. it does not include interest and is a without prejudice offer as they expect to be sucessfull in court blah blah blah.

 

i would be willing to accept an offer though clearly not this amount, does anyone have any idea what sort of % would be a realistic amount for them to go to ??

 

also do i now correspond directly with hsbc?

 

thanks again

bass

[lateralus]

i think 85-90 is more usual for the first offer - it was spot on 85 on mine - first before i filed mcol and then another 85 after from dg including the interest - still only 85, we usually say that offer is just a week away from a full offer.

 

your offer came from the bank - a late offer in response to your letters -

write back saying thanks, but no thanks, i've filed now. and i'd send a copy of it to dg with your breakdown and a little "i see you've filed a defense, so here's my breakdown..... just a little introduction to them.

 

your dealings will all be with dg now.

 

but write to whomever sent the offer saying - too little, too late (politely, of course).

[bassett19]

thanks lateralus,

 

have written to hsbc, thanks but no thanks and will also send a copy to DG, have revcieved transfer of proceedings today from the court but no aq required. do i just have to wait now or should i be replying to something?

 

thanks

bass

[Trish76]

MCOL do seem to be doing away with the AQ's wherever they can so this doesn't come as any great suprise.

Just need to wait for further directions from the court now!!

[lateralus]

if you haven't already sent that copy to dg - look up in post 11 - that link i gave you gives you some ideas for letters to dg -

my advice is one every 10-14 days from now until they make an offer -

you could send dg a copy of that letter and a copy of your breakdown with the nudge letter that says i see the aq is being dispensed with in this case. - then just add someplace - i am including a copy of a very late offer from hsbc which i have refused because, as you are aware, i have now filed a court claim for these charges.

 

you can rework the letters - they are just ideas to play with.

[bassett19]

help, still havent heard anything since the tranfer of proceedings, anyone any idea on the usual timescales here

 

thanks

bass:confused:

[lateralus]

give it til monday - that will be 2 weeks plus and then ring the court asking for an update - it is taking longer and longer for the courts to send anything - i think they are swamped - but i'd ring monday - just to check all is going to plan - have your claim number at the ready.

[bassett19]

thanks,

will keep you updated and no doubt be back with more questions

 

cheers

bass