KPS_UK v HSBC

[freakyleaky]

you dont need to send copies of the prelim & LBA

[pinkduchess]

stop it freaky!!

[Castlebest]

Dont worry PD hes slowing down

 

pete

[kps_uk]

bit crap the PDF (N1) doesn't leave enough rrom to copy the claim details in, guess I'll have to hand write it now!

 

So I send this to my local courts not the bulk claim place in Nottingham (where ever)?

[Castlebest]

Yes but with an N1 you can say "see continuation sheet/s" and write / type as much as you want.

 

pete

[kps_uk]

Should have thought of that (Friday night syndrome!).

 

Couple of question with the N1 sheet

 

The last section on page 1 says VALUE does this literally mean the value of the claim? Just wondering because there's the bit in the bottom right corner for the amount of the claim too.

 

And at the top there's a box that says In the then a blank space, is this for me or Court use?

 

As for the Brief details of claim section, I managed to fit the details in. I just used the basic details from the template page

 

1. The Claimant has an account XXXXXXXX with the Defendant.

2. Since DD MM YYYY the Defendant debited charges & interest in respect of purported breaches of contract.

3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.

4. Claimant contends:

(a) The charges exceed the Defendant's losses caused by the breaches.

(b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common Law.

5. Claimant claims:

(a) Return of the amounts debited of £X,XXX.XX.

(b) Interest per S.69 County Courts Act 1984 of 8% (£XXX.XX).

6. Costs allowed by the Court.

[kps_uk]

Where should I send this N1 small claims letter to?

 

is it the same address as the covering letter and summary of charges

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Or is it the local County Council (Chester).

[pinkduchess]

Or is it the local County Council (Chester).

 

you might have more luck if you send it to the court!!

 

seriously now - you only need to send that if youve filed online so they can attach details to your claim.

 

If your doing the N1 route everything goes in at once either by post or hand to your county court.

[Castlebest]

Oh gawd my humour is spreading,,,

 

Send it or take it to your local county court, its quite fun to take it cuz you can chat to the staff a bit, they tend to be very helpfull when you go see them in person, they can tell you how the land lies with bank claims at yout local court and they generaly will have a read of your N1 to make sure nothing is missed.

 

pete

[kps_uk]

you might have more luck if you send it to the court!!

 

seriously now - you only need to send that if youve filed online so they can attach details to your claim.

 

If your doing the N1 route everything goes in at once either by post or hand to your county court.

 

 

Oh yes County Court

 

Cool I might just take it in by hand, at least I know I git everthing done for them

 

Cheers Pink/Castlebest

 

By the way, have you still got HSBC accounts? Just wondering because as I said earlier, I've been £85 & £100 over the past 2 months but recieved no fines for either! Normally I'd be hit with the maximumk £120 for that! Wondering if this is ralated to my letter or a change in HSBC charging policy?

 

Seems a bit odd.

[Castlebest]

They are still hitting me and my second claim is running... I dont think I want to know how HSBC work out their charges its of no consequence because I will just claim them back with costs and interest

 

pete

[kps_uk]

Final question (I think)...

 

The 8% interest, is that on the charges as a whole? The reason I ask, is because I believe it in an annual rate chare, so I was just wondering if I have to add up the 8% per year or just on the charges as a while?

 

PS: Despite my previous claim of no longer being charged, I have just recieved a whopping £150 charge which they will take off me on the 12th July, which will mean I'll finish the month about £200 over!!!!

 

So guess I'll add it to the list.

[pinkduchess]

you cant add it on if youve filed your claim. (unless you do an amendment at a cost of £35)

yes it is 8% of the whiole charge and is worked out on the spreadsheet from the date of the charge to the date you file your claim. Then you work out the daily interest & add that on as you go from the filing date to the date of settlement

[kps_uk]

Simple question,

 

Does anyone here know where I have to send my claim in the Chester area?

 

I have looked and looked and looked but I can't for the life of me find an address to send my claim to.

[jowalshy]

I think that this is the address for the court in Chester.

 

Trident House

Little St John Street

Chester Cheshire

England

CH1 1SN

[freakyleaky]

have you tried the search facility on the mcol site

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

[kps_uk]

The civil court does all of these:-

 

• Civil
  
• Divorce
  
• Family Work
  
• Adoption
  
• Appeals
  
• District Registry
  
• Mercantile
  
• Chancery
  
• Technology and Construction
  
• Civil Partnerhship Dissolution
  
• Bankruptcy

But there's nothing on Small Claims.

 

but reading this site [http://www.netlawman.co.uk/crown-courts.php], i suggests that there is no such thing as Small Claims anymore and .

gives me Chester Crown Court as the address

[kps_uk]

OK I have a very vague question to ask people about their claims.

 

I have missed my day for my claim to goto court (by a few weeks actually as I've been soooo busy) so I got it all rpinted off and was ready to send it over the weekend, when I receieved this letter today.

 

All it says is:

 

"Further to our letter dated 28th Junewe have recieved no response from you

 

If you do not response within 7 days we will consider the matter closed

 

Your sencerely

 

Mark loker

Service Manager"

 

Now this letter might in no way be related to the claim, but I have never recieved a leter like it before from HSBC. The only snag is, I don't remember recieving any letter on the 28th (or since my initial letter stating they were looking into it), so I don't actually know what they're on about. The thing that makes me suspiious is that it's strangley vauge "further to our letter dated" no mention of what is was about or anything.

 

The obvious answer is to call them, but that will have to wait until Monday, until then I was just wondering if anyone has erecieved anything similar.

 

Guess I'm jumping the gun, but I hope it was (the 28th June letter) an offer. I already decided I'd accept anything from 75% upwards of my claim if they made an offer.

 

Anyways, if knowone does know what it's about, doesn't matter. Guess I will just have to find out on Monday.

[pinkduchess]

sounds like it was referring to an offer letter from 28th (which youve obviously never received)

 

ask them to e-mail / fax you a copy on monday

[kps_uk]

Yes pink, just been into my branch. It was an offer and it sounds like it was for the full amount!

 

Funny how I recieved the original "we're looking into it" letter and the "7 days to respond" letter but never the actual offer.

 

I done some digging around and seems others have not recieved the actual offer (is this HSBCs new tatic?)

 

Well I've been on the Tel Banking and they said they will send it again (whether I believe them I don't know), also gonna email them for it, and send a message through I-Banking. Then gonna phone them AGAIN on Monday. Also think I'll send them a written offer quoting the reference number too.

 

Full belts and braces approach, so there's no way they can say I didn't respond.

 

Would be great to get this finished without having to goto SCC.

[pinkduchess]

glad to hear youre getting that sorted. if youre happy to accept a lower offer now i hope they come up with a decent figure for you. fingers crossed.

[kps_uk]

Well the girl in the branch said "it's for over £2k" so it looks like a full offer, so for the sake of interest (which comes to about £180) and court fees, I'd rather miss out all the Small Claims stuff and just get the bulk.

[kps_uk]

Just to add to this, the 08456 028006 number at the bottom of the letter I recieved is useless, spent around 20 minutes on hold through out the day and probably about £7 of credit on my hone waitiung to get through to someone!!!!

 

So think I will just hassle the Telephone banking repeatedly for the nbext few days until I get my offer letter again.

 

PS sent my own written acceptance to them today, so at least they have that.

[kps_uk]

Well I finally got a result out of HSBC, but it's a bit of a weird one!

 

Friday I finally got though to Customer Services (good luck with that one!) but was told that my letter sent accepting their offer was not enough and that I had to sign the offer letter sent 28th June or the letter sent last Tuesday, remember NEITHER OF WHICH I HAD RECEIVED!!!

 

Then suddenly about 10am after that call Friday morning I had a call back which I missed about a minute later another call which I again missed! Then a 3rd about 10mins after that which I answered, and the conversation went something like this:-

 

HSBC - "Hello, It's Charlotte from HSBC, I spoke to you earlier about your claim for refund of charges."

KPS_UK - "Oh, hello"

 

HSBC - "Hi, I just phoned to let you know that literally moments after we spoke, the system UPDATED ITSELF and I see we have now RECEIVED YOUR ACCEPTANCE FORM" (the form I myself have NEVER received!)

KPS_UK "OK"

 

HSBC - "Yes so we have received your acceptance so there's no need to send you another copy, the money will be in your account within 14 days"

 

KPS_UK - "Excellent, thanks a lot"

 

Amazing, so basically 10 minutes after asking for a 3rd opy of HSBC's offer to be sent, because I haven't received the previous 2, HSBC phone me back (3 times in about 15 minutes) to tell me they have received my acceptance form!

 

Anyway money's on it's way, so another result!!!!!

[lateralus]

let us know when you get your money.