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inthegreen v HSBC


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I have today written my LBA to HSBC requesting a refund of £4113. Starting to get edgy now and I am not sure why. I have read all the threads several times over but am very worried about going to the court stage especially as my claim including interest is close to the £5k mark.

 

Mr Langdale will have another letter on his desk tomorrow morning.

 

any tips welcome.

 

:)

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yes, here's one tip.... don't panic!! lol

my claim was over the 5k mark too (first one lol) and they paid back every penny owing.

 

just stick rigidly to your timescales - after all what you are inviting the bank to do is, see you in court!! of course, they won't be there you'll be paid before that stage.

 

good luck;)

If i've been helpful in any way....then tip my scales over there!

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hello inthegreen

 

read as much as you can on the next stage coming up - then you will know what to expect. take one step at a time. you'll be fine. no need to panic - deep breaths help :D

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good advice - take a look at the mcol website - log on - start your way through the claim - then when the 14 days is up you'll be ready to pay and submit - you can pop in and out anytime. it's very friendly. here's a link that should answer most of your questions. Getting MCOL Right

 

as for the nerves - just make sure you've gone over your statements and got all the charges - you can add what you need to right up til you file your claim - but just adjust you spreadsheet accordingly.

 

as it's a rather large (i'll say!) claim - i'll ask - did you do overdraft interest? and if you did - did you use the advanced spreadsheet to calculate it - just want to make sure there are no hiccups - some peeps think wrongly that they can just add on the interest debits from the statements - you can't. so get back if you think you may have done anything incorrectly after reading this - it is totally fixable up to filing the claim- then it's a bit trickier - best to make sure now.

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thank you for your posts. I did not claim overdraft interest, firstly because despite the fact I think the amount of fees charged is wrong it was me who ran my account in a terrible manner and secondly despite being the daughter of an accountant am slightly dyslexic with figures so found the basic sheet hard enough to do. Is it worth trying to get someone to help me claim overdraft interest or is it too late? I haven't let them know the normal interest I am claiming yet.

 

Thanks

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it's not too late - let me give you my simplified version and if someone can go over it with you - you'll get it easy - it's helped a lot of people - then you can just call your next schedule of charges - your "revised schedule of charges" - and as we can change it right up to the filing of the claim - it doesn't matter - as long as you send the bank and updated version - and as long as the version you end up with is the one you base your claim on and the figures correspond. we don't ask for the 8% until you file the claim anyway - so, if you do the advanced spreadsheet to claim the overdraft interest - just send hsbc a note saying - please note the addition of further charges to my original letter. and then go ahead and file when 14 days has passed from when you sent the lba.

here's my helpful (hopefully) link:

honeygie v HSBC *****WON***** (multipage.gif1 2 3 4 5 ... Last Page) post number 26.

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Hiya inthegreen, there is money in the overdraft interest and its yours, its worth downloading the spreadsheet and having a play with it for an hour even if you give up and stick with what you have. Loook at what Lateralus told Honey in her post and see if you can make it work.

 

pete

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  • 1 month later...

Well I ended up not claiming the overdraft interest.

 

Today the 28 days were up on MCOL and HSBC filed a defence.

 

Do I now just sit tight and await for notice of transfer? I am assuming they will send this via post to my home address.

 

I have read about the allocation questionnaire sometimes not being sent, I am desperate to get everything right so they don't have an excuse not to pay up. I feel like I have read the user guises several times over.

 

Once I have the transfer notice how long does it usually take until the court date? I am often out on the road visiting clients and need to book days off well in advance.

 

As ever thanks for all your help

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When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

These are the 2 threads you need to read up on now.

You need to send dg and the court a schedule of your charges.

These threads will tell you what happens now. I had to wait about 2 weeks before I heard from my local court after the transfer.

As long as the court and dg have a detailed list of charges then you are on track and should get your money back without having to take any days off.

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Also, AQ may be dispensed with but allocation fee may still be payabe. check this out with the loal court once you get paperwork.

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I now have a notice of Transfer of Proceedings

 

It says a defence to this claim has been filed.

 

The claim has been transferred to the court covering the area where the claiment lives or carries on business. Please read the accompanying documents carefully.

 

It then says on page 2 it is ordered that the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

Any party affected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.

 

so firstly can I pay the allocation fee by credit card as I have no cheque account?

 

secondly do I need to do anything else such as send a nudge to the solicitors or send more details to the court?

 

Thank you

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Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy of your shcedule of charges 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.

At this stage you should have sent 2 copies to the court at northampton.

If you haven't done this then you should send 2 copies to the court that it has been transfered to.

 

 

 

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,

 

 

 

Once you have the directions from your local court, if the judge dispenses with the AQ, ring them to see if the fee is still payable. I am not sure if you can pay with cc but you can go to the court and pay with cash.

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I have sent the details of the charges to the solicitors DG and the Northampton court, do I send a copy to my local court that it's been assigned to?

 

I have checked and they only accept cheques so I am going to have to beg a friend to write one as I don't have a cheque account.

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you can start to nudge now, starting with one saying an AQ may not be required

 

take a look at these two links for nudging letter ideas & to get the feel of what happens next.

 

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

 

 

has your local court actually asked for the allocation fee? this isnt payable in all courts

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ok, then pay the allocation fee and add it to your claim - send a letter to dg -telling them that the allocation fee is being added to your claim - use the nudge letters in post one of those two threads above - making it relevant to your claim.

you'll have to wait now for your local court to send you directions on how they want to proceed.

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