KPS_UK v HSBC

[kps_uk]

OK started my claim against HSBC, this is the letter I sent this morning

The Manager

Service Quality Team,

HSBC Bank plc,

Arlington Business Centre,

Millshaw Park Lane,

Leeds

LS11 0PP

Request for the refunding of default charges for account number 00000000

Dear Sir or Madam,

I am writing in regards to the charges applied to my account during the period between March 2002 and May 2007 totalling £2,285.00 (see attached listing for details).

I am writing to you as I believe these charges to be unlawful at Common Law, Statute and recent consumer regulations; this has now been confirmed by the OFT findings reported on 5th April 2006 and are therefore presumed to be unlawful.

I believe these charges to be excessive and do not accurately reflect the true cost to HSBC. Therefore I ask that you repay these charges to the above account in full.

Please find attached a full schedule of the charges imposed during the above period.

I look forward to a full response to this letter within 14 working days of the date above.

Yours faithfully,

 

So what's next? Guess I wait for their inital response, then start looking at setting up my MCOL claim (presuming they don't just offer me the lot up front ).

[Rayne]

You'll be lucky if you actually get a response and if you do it will most likely fall into one of 3 categories:

 

1: Fob Off (Yeah here's another one, we're looking into it and we'll get round to it in the year 2010)

2: Sod Off (You got no chance)

3: Offer (As it says on the tin, although it will most likely be for a lesser amount than you're actually claiming)

 

The chances of number 3 are pretty slim at this stage, although it's not unheard of.

 

14 days from this letter send them an LBA (Letter Before Action), giving them a further 14 days to reflect (template is in the Template Library or (if it comes up in my signature), there's a link for a step by step user guide there.

 

It's generally best to stick to the timetable in the user guide as it's a tried and tested method which works well and also proves to the courts (if it gets that far) that you've been more than reasonable in attempting to sort this out pre-litigation.

 

Hope that helps

 

Welcome and good luck with your claim. In the meantime it's a good idea to keep reading up for the next stage (the LBA) and make sure you're fully conversant with how it all works. If you've got any questions feel free to ask as we've all been at the stage you're at now at some point or other and the people on here are all keen to help.

[kps_uk]

Cheers for that, so I guess I'll be sending that in a couple of weeks then.

 

Like the Guniess man says "Good things come..."

[Rayne]

oh yes, and come it will

 

prefer stella myself tho, but only cos it makes me fall over quicker, thus making for a cheaper night

[kps_uk]

Just realised in 5 days I have to send my LBA. Should I be getting my Small claims setup now or after I send that letter or after the next 14day period is over?

[kps_uk]

Just got a response from HSBC stating that they had recieved my letter and would investigate it and reply with a full response shortly, guess this is pretty standard

[freakyleaky]

You are right. Their definition of shortly seems to be different to most people's. Stck to your timetable and send the LBA in 4 days time. You then have 14 days to prepair your claim for mcol so there is no rush. just make sure yo have doudle checked all your figures before you file. And don't forget to add the 8% interest when you file your claim with the court.

[kps_uk]

OK HSBC's 14 days are over, whilst I had a letter saying they would 'investigate' my claim about a week ago, and that they would reply 'in full' shortly, I have obviously heard nothign since. So, this is my LBA to them, which I will be sending today. I have chosen to take out the bit abotu the reports against my name and ss7 of the Data Protection Act 1998, not sure entirely why, but I think I just really want to concentrate on reclaiming my money.

 

 

Tuesday, 15 May 2007

The Manager

Service Quality Team,

HSBC Bank plc,

Arlington Business Centre,

Millshaw Park Lane,

Leeds

LS11 0PP

LETTER BEFORE ACTION – Ref Account Number: XXXXXXXX

Dear Sir/Madam,

I am disappointed that you have failed to respond in full to my letter sent on the 1st May 2007 requesting the repayment of charges placed on my account.

I now understand that the fees which you have been applying to my account are unlawful at Common Law, Statute and recent Consumer regulations; this has now been confirmed by the OFT findings reported on 5th April 2006 and are therefore presumed to be unlawful.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken a total of £2,285.00 during the period between March 2002 and May 2007. I am enclosing a copy of the schedule of the charges which I am claiming. Please note I have already sent you one copy of this in my original letter sent 01st May 2007

I require repayment in full of this money within 14 days of this letter being sent, if not I shall begin a claim against you for the full amount plus interest plus a claim under ss. 13 of the Data Protection Act 1998 plus my costs, without further notice.

Yours faithfully

 

So I guess now I have to set up my online claim right?

[kps_uk]

Sh!t just realised my 14 days for the LBA are up, so gotta get my MCOL setup tonight!

 

Recieved a letter this morning, so I hoped it was an offer... But it was about Home Insurance!

 

I guess everything I need to know about the MCOL is on here somewhere, presumably the step-by-step bit.

[kps_uk]

Just setting up my MCOL (yes I'm about a week over due but was a mad week last week!)

 

I take it the address is the same as the address on the letters sent, because the address doesn't appear when I use the LOOKUP on MCOL.

 

Service Quality Team,

HSBC Bank plc,

Arlington Business Centre,

Millshaw Park Lane,

Leeds

LS11 0PP

[rob-the-viking]

No mate, you need to use the head office address on your MCOL

 

 

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

Here's some info on filling in your MCOL

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=10

 

and here

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

 

a chilled

 

r-t-v

[kps_uk]

Well it's been 4 weeks since my LBA, so started my MCOL form.

 

Just one question before I click the submit (well two).

 

[Judgement by default] or [by Admission]

 

Which is what? What's the difference, which should I go for.

 

 

Actually two questions (just thought of another), If I get charged anything next month, which I think I will as I'm about £80 overdrawn, can I add the charge to the claim, or is this taking the P?

 

Actually no rush, bloody MCOL site aint workingn tonight! Due to technical difficulties your claim can not be submited at this time.

[pinkduchess]

I dont remember having the choice to press either of those buttons when filing the claim :idea:

 

you cant add on charges once youve filed without paying a £35 fee & I think it also starts you back at the beginning again. So you could delay the MCOL until youve been charged or claim for them later on.

[Castlebest]

Taking the P is allowed, HSBC have been doing it for years BUT it has to be done before you submit your claim to the county court.... district judges dont take kindly to people removing their P's.

 

Judgement will be by either default or admission, in actual fact it is more likely you will withdraw your claim when the money is in your back pocket... I doubt you will get to judgement.

 

For your info...

 

Default is when DG (HSBC's Solicitors) dont defend, or dont back up their defence and its struck out... you win by default.

 

Admission is when DG admit they owe you the money.

 

pete

[kps_uk]

Cheers for the help, I think I might delay until the 21st (that seems to be went I find out about any charges) if there is a charge, add it to the list then submit my claim.

 

As for the Adminition / Default question, I was going by the claim guide on this forum which says after submitting you are asked to select one of the above.

 

pinkdutchess how did your claim go,I saw your thread but didn;t read if there was any final result yet? Truth is I haven't had much time to talk to folk on here, been racing around in work, so my claims had to be done in the evenings when I've had a spare hor or so (hence why I'm late starting my MCOL)

[pinkduchess]

my claim is still going on

 

just note that you cant claim any charges that are post dated - so if youre going to wait make sure its after that date

[kps_uk]

I might just get on with it because something odds happening with my account.

 

the otehr month I went about £85 over and didn't get any charges and last month I went about £100 over and didn't get any charges for that again.

 

Besides if I wait for a month where I haven't been fined I'll probably still be waiting next year

 

See I live in a visious crcle, I have a budget of just £300 a month, I get fined approx £100 each month, which leaves me short, then I go over so I get fined so I'm left short, so I get fined so I.... you get the picture.

 

Time and time again I asked the bank for an overdraft and they kept refusing. Guess why would u give someone an overdraft when u can keep fining them?

[Castlebest]

I think you should just go ahead as you say and I have thought the same about HSBC's overdraft policy I used to have one which I got a charge of £85 a year for ... they removed that and now I get chrged £150 a month

 

pete

[kps_uk]

OK gonna submit my claim today, I see that according to the user guide I need to send 2 copies of my summary of charges

 

You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers.

 

 

What is the address (how can I find the right address) needed for this? Do I send anything to HSBC or DG Sol at this time or just to the courts (whoever)?

[kps_uk]

I found this address on the County Court Bulk Center website

 

4th floor, St Katharine's House,

21-27 St Katharine's Street,

Northampton Northamptonshire

England

NN1 2LH

 

DX 702885 Northampton 7

 

 

Is there a department I need to send it to?

[pinkduchess]

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:

 

 

 

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

DG's details will be on page 2 of the acknowl.

 

 

 

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,

[kps_uk]

Cheers for that, I'll get that done today!

 

Hopeing this will be done with in the next few weeks, can't be arsed with it draging on for months

[kps_uk]

MCOL site hasn't worked for a week!

 

This really Ps me off! I want to get my claim submitted but everytime I goto the MCOL site and hit SUBMIT I get a Technical Difficulties error asking me to try again later!

 

Anyone else having this?

 

Guess I'll have to fill out the N1 form instead?

Pink you said include your Claim No. This is a daft questiuon but if I'm filling out the N1 form and sending by post I guess I don't have a claim number to include at this time?

 

So should I just send my:-

1. N1 form

2. Covering letter S

3. Summary of charges(inc 8% interest) to the above address?

 

I was going to send copies of my initail letter and letter before action too, or are they not needed (guess not).

[Castlebest]

Yes if your submitting an N1, you can send it all off to your local court together and just wait for the notices to be issued from there. You obviously wont have a transfer then either after 28 days but everything else will be the same.

 

pete

[pinkduchess]

you dont need to send copies of the prelim & LBA