linziloo v hsbc

[linziloo]

hi there everyone, i am hoping someone can put myind at ease a little as i have gone through the process on mcol and have and it is now stating that i can no longer continue with it there as the bank is defending and dispute the whole claim and i will hear soon of which court will deal with it i just wondered if you know if you have to appear at court as the thought of that really scares me ,i have heard that no banks have actually gone to court yet is this true i would very grateful on your thoughts

[Guest louis wu]

Hello,

 

Firstly, I think its only natural to be a little nervous, I certainly was, so try not to worry too much about it.

 

You are correct in your assumption that the banks do not want to go to court, and with regards to a straight forward claim (your not claiming contractual interest I assume) I don't know of any example of a bank actually stepping foot into the court, although some have allowed it to get to the court steps before setteling in full.

 

I think we have all thought that we might be the one who the banks try to make an example of, but considering the millions of ££'s they are paying back, I think they would have made their stand by now.

 

Have a look at the succeses section in the forum that relates to you, and trust the process that has reclaimed all that money.

 

Best of luck

 

louis

[linziloo]

thanks louis for that much appriciated

[Guest louis wu]

no problem, were all here to help each other

 

Louis

[linziloo]

hello there, can anybody answer this question for me, i started a claim for refund of bank charges through mcol, just before the deadline hsbc put in their defence now it is getting transfered to my local court, my question is am i supposed to send dg soliciters a breakdown of the chages which amount to £3000.00 with intrest any advice appriciated

[Castlebest]

Hiya Linz, this is perfectly normal and yes send DG a copy of your claim schedule so they can asses what you are asking for and make you an offer.

pete

[Michael Browne]

Yes

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[linziloo]

thanks but am i meant to send dg soliciters a breakdown of my chargers

[linziloo]

dont mean to be thick but what is overdraft interest

[Castlebest]

err thats what Michael and I just told you

 

pete

[Castlebest]

Overdraft interest is part of your claim you submitted to the court 28 days ago and to HSBC 56 days ago.

 

pete

[Michael Browne]

what is overdraft interest

It's OD interest that relates just to your charges. Plenty of people don't claim this (too much hassle to work out), so just delete that para.

[linziloo]

many thanks to you both i am just new to all of this and dont really understand it all

[linziloo]

thanks micheal, i will send off a copy tomorrow in the hope they will give me an offer cause i really dont think i could attend court the thought of it really freaks me out

[Gez]

It freaks HSBC out a hell of a lot more because they have no hope of success which will have dire consequences for them.

[linziloo]

i hope your right gez but knowing my luck they would take it all the way, many people on this website have at leaste had an offer from hem but i have had no contact whatsoever apart from in the begining when they wrote and said they were looking into it is this quite normal do you think

[Gez]

All perfectly normal. Everyone thinks they will be the first to have to go to court. A couple of hundred thousand claims down the line & only Tom Brennan has so far seen the inside of a courtroom & only because he was trying to force Natwest into it! Even then they tried every trick in the book to squirm their way out of it.

[linziloo]

thanks for that you have put my mind at rest a little there gez

[linziloo]

i am about to do a schedule of charges to send to dg soliciters do i add the statuary interest to this i previously made these on the mse website on the calculater there

[Gez]

You don't have to send them the calculation for the interest because it is statutory & the court will calculate it for you.

Just send them the schedule of charges & point out that HSBC are already in possession of this information as it comes from their own records. Tell them also that you regard this as intimidation & intend to bring it to the attention of the court.

[linziloo]

your really helpful but why will i have to say i regard this as intimidation

[Gez]

Because they are making you jump through hoops to provide information that they already have.

[linziloo]

ok thanks

[Michael Browne]

it is statutory & the court will calculate it for you.

No they won't and why should they, it's your claim not theirs. If you have 40 charges there are 40 separate calculations to make and the court certainly isn't going to do it for you.

[linziloo]

oh i think we have misunderstud each other here my fault i know but dg have not asked me for this imformation i just wondered if this was something i could try in the hope they will give me an offer i did give the bank this info in the beggining soz for being a pain