thefuture Vs HSBC

[thefuture]

Hi, this is my 1st post on this forum, have posted once but in wrong place was kindly redirected by jowalshy.

I've done the mcol on 15/04/07 I used the template letter on mse website, which didn't prompt to include account numbers, and stupidly I didn't think to include it. Anyway once I realised I spoke to mcol and lady said can't see problem if they need further detail they'll be in touch. Got the acknowledgement today saying that HSBC are defending whole of claim and they have 28 days. I've read a few threads on here infact been reading since about 7 this evening. Looks like next stage is to send letters to court and DG solicitors with full details, should i do this and include my acc number on those, bit worried now. And still not clear about this od interest, is this the interest that you add on when you 1st do the spreadsheet to calculate charges? I used the mse again which works it out for you.

Any advice greatly received.

Thanks

[lateralus]

welcome to the forum....

we seem to be cleaning up a bit of the mess that mse leaves.

it will be ok - we just need to clear up a couple of things.

ok, you've done the mcol - and presumably you've sent the bank two letters before you did that. what form did you charges take - did you send statements? (anybody watching - don't - not a good idea), did you send a list? and how did you figure your 8%.

i'll explain about o/d interest in a minute - let's get this other stuff cleared up first.

yes, you are at the point where you should send the court and also dg a copy of your breakdown - but, if you are like other mse users - your charges may not yet be in the form of a spreadsheet to send.

i'd suggest making a list of the charges - oldest first, with the date of each charge - the name of each charge as it is on the statement and the amount of each charge. take this list and put it into the simple spreadsheet - to figure the 8% interest and also to make a readable breakdown to send to the court and to dg.

 

 

 

let me explain about the o/d interest. you can't just plonk the o/d interest onto the list - the bank will reject that totally. only a portion of each interest debit is reclaimable. it is the portion which relates to the charges you are reclaiming. if you were to try and claim the o/d interest - you would need to use the advanced s/s. it is a bit more complicated and unless you understand it - my advice would be to leave it out.

 

 

so, back to the simple spreadsheet - once you have your charges and 8% interest listed on a s/s. and it is the same figure you are claiming in your claim - here is the info for sending the breakdowns to the court and dg:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

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,

 

 

get back if you have more questions.

[thefuture]

Hi lateralus, thank you for your reply, I just used the interest calculator on (yes u guessed it) the mse website, and printed it off. I got my list of statements from the online bank just printed them off then set about highlighting all the charges and keying them into the template, which asks after each charge if you want to add interest which i did. Oh and yes I sent 1st and 2nd letters etc but again took all advise from mse coz to be honest took me until today to find the forums on here, don't spend much time on this sort of thing usually, but am getting the hang of it, looks like I'll have a better idea of what to do now I've found some much needed advice.

[lateralus]

ok, i'm thinking you could use that list you made - just making sure each item has a name with each charge (even if it's total charges - which it often is - that would be the name),... the breakdown that we say to send is the list of charges and interest and you could put your filing fee on the bottom added on because you want that back as well, and add your account number to it plus your court claim number.

go ahead and send the lists to the courts and dg as outlined in the post above. you probably won't hear anything from them until they file their defence - and the next notice will be a notice of transfer from the court after dg have defended on the 28th day.

[thefuture]

Thanks for that, yes each item is just named total charges, I'll set about doing the letters now then and get them sent 1st thing tomorrow, thanks again I'll keep you posted. This is a brilliant site!

[Rayne]

dont forget to send everything recorded delivery so that you can track it

[thefuture]

Hi Rayne, thanks will do, I've been trying all morning to open the excel template to re-do my charges, I'm thinking it may have cell to input the charge type as the mse one doesn't, but it keeps saying server not found so guess I'll have to just copy out the one i've got adding in the charge description. Once my 3 kids give me a break I'll do that.

[thefuture]

Help pleeeeeese:confused:

Ok so the kids have given me a break and I've copied all the charges and interest etc from the mse (moneysavingexpert) spreadsheet that I've already prepared into another with more detail, the original sheet was entitled 'Bank charges interest calculations' the interest seems really high, I don't have a clue when it comes to these things, hubby always does the maths. If I give you an example of what it's calculated maybe someone can tell me what this interest is, I don't want to ask for the wrong thing, I appreciate it's probably a bit late now as I've already sent the original to my bank and made a claim but could just do with knowing if this sounds right. Wish I'd come here first, mse is brill honest loads of support but you lot seem to have more of and idea when it comes down to nitty gritty. Anyway this is what the 1st few lines look like:-

 

Date Charge value interest total

16/03/01 27.50 13.39 40.89

17/04/01 27.50 13.20 40.70

17/05/01 27.50 13.02 40.52

15/08/01 27.50 12.48 39.98

 

These interest amounts look massive is this because it's calculated them at 8% from 2001 until now? Am I getting this right? This isn't od interest is it? Sorry to sound soooo dumb but it really does go right over my head, massive mental block. Any help please.

 

Thanks:confused::o

[thefuture]

Don't know what has happened to my nicely spaced list it's closed up:( hope it still makes sense.

[freakyleaky]

Hi, dont worry I thought the same when I calculated my interest. What it works out is the interest at 8% from the time you were deprived of it, so any charges from 2001 will be worked out from then until now at 8% which is what the court would adward.

The examples you have given look spot on to me but i'm sure someone else will be along shortly to give you more advice.

Good luck:)

[thefuture]

Brill, thanks freakyleaky that really has put my mind at rest, I'll carry on then. kidz back on my case though so I'll have to break for a while.

[lateralus]

Total Charges

 

£27.50

 

07/03/2001

 

 

 

 

1986(that's days since)

 

 

£12.02

 

 

 

 

i just copied this from my son's charges - so 27.50 charge accrued 12.02 in interest until last july - so it figures it will now be 13.39.

 

so that column is correct - figuring the 8%

 

but that last column looks to me to be overdraft interest - and if you haven't been putting in the balance at the time of the interest charge - then i think it is picking up the lot.

are you sure you are on the simple s/s to calculate the 8% interest - as it looks like you are on the advanced. just go back and look - where is this s/s from? let's get is right - it is so much easier to correct now than after a claim is filed.

 

 

 

so, without that last column of figures - does the charges (all those 27.50 - that column) plus the third column the 13.xx, 13.xx, then 12.xx, etc. does the total of that column and the first column add up to what you claimed for in the mcol by any chance?

[freakyleaky]

Sorry lat but I thought the last column was the charge plus the interest added together?

It looks like the mse interest calculator.

[lateralus]

oh, yes, you are right - ok, i get it now....... not familiar with that s/s

should have seen that. thanks freaky - tit for tat!

 

ok, future - i see what it is - so that last column all added together is your claim - and yes, that looks ok - is that total at the bottom what you claimed for - if so, you are fine. if you can - call each charge what it is on your statements - it might just say total charges - if so, you use that as well. just get a nice one printed out and send your copies to the court and dg - add the filing fee at the bottom and your claim number at the top.

[freakyleaky]

Lat, I know nothing, but if I can help I will. I usually just sit back and let you and the other genius' on here do your magic but the future seemed desperate!

[lateralus]

and i was thick as a plank on that one - good pick up

[thefuture]

Hi lat and freaky, Yes freaky I was desperate! I am one of the none genius on here:o Yes it was the mse spreadsheet (still not been able to open the one on here just wont load), and the total is the total + interest that is what I put on my claim, got 2 accounts one spends and other bills so claiming together done 2 separate sheets on one claim just over 4k for the lot. Thanks to you both :)I'll start my second one now at least I look like I know what I'm doing on paper!! Hey maybe by the end I really will know what I'm doing then I'll be able to help someone out. Do you think the banks read this forum? lol

[nettyg]

i'm sure that the banks/solicitors do have 'moles' on this site. good thing to have a username that's not your own name.

 

6. Interest calculation spreadsheets

 

see if this link opens and take a look at the spreddies in there

[givememymoney]

The spreadsheets aren't working at the moment so try this one written by another CAG member

 

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

[lateralus]

or use this and open a google account - i did it in about 3 minutes then you can use all the s/s's Click here for Vampiress' Chamber of Spreadsheets

[thefuture]

Thanks for all the info folks:), got the spreadsheets printed, now doing the covering letters, just a quick question, in post 2 lateralus has added a letter to court for me to work from, in para one last sentence it says: "The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT)." Should I also include the £120 court fee on this thus saying "The interest in addition to the amount in charges and court fee equates to the total amount of my claim namely £******" I'm double checking everything now never know there could be some reason I shouldn't include that in letter to court, and I don't want another "of course!" moment coming over me after the horse has bolted!

Thanks

[givememymoney]

No you don't need to mention the court fee in this letter as the court will already be aware that you would be awarded court fees if you won. When it comes to a settlement with HSBC though make sure that you do get the fee back

[thefuture]

Thanks givememymoney, I'll get the letter done now then, just been reading all the other threads, eyes on stalks! lol My beds calling but just don't seem to be able to get away from the pc at the mo. It's great to find so much support from others, good job hubby's got the playstation! He knows how it feels now he's a computer widower ha ha:)

[thefuture]

Hello everyone, a quick update, sent the 2 letters with breakdown of charges this morning, one to DG and one to Court, both sent 1st class recorded delivery, I'll ring DG tomorrow see if they've received theirs and I guess I'll just sit back and wait for the post for a few days. Then I need to nudge DG? By post? or phone? does it matter? Would have liked this sorted by the end of May but after reading all the other threads I think I'm being a little optimistic with that. Hey Ho money will come in the end. I'm so glad I found this site I'd never have sent those letters without your advise. tf x

[thefuture]

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