sharongina v hsbc: court hearing 28 june ** WON **

[sharongina]

Hi,

Thank you whoever sent me advise through e-mail, I spent hours last night reading through your threads! beware you will have to be patient with me this is all new to me and I will need all your help!

 

The HSBC ignored my letters and when I rang them on the deadline they tryed to bluff me saying they had another 8 weeks to reply, so I am now at the stage where i have filed my claim form in and listed the charges in order. I had to estimate the charges from my credit card as they never sent out the statements after I asked for them they only sent out the current account statements, the amount I am claiming is £3524.18, D&G have filed a defence and have upto 30 May to put a defence in, this is where I am up to does anyone think I should try to write to D&G to try and get them to settle for say £3400.00, or should I wait?

I am a bit worried incase I have to go to court, I will need any help available as I dont know what happens next if anyoneis at the same stage as me let me know or any suggestions please help:confused:

[lateralus]

when you posted on whatawoman's thread last night - i answered this - but you maybe didn't see it - now you have your own thread it will make it easier to help you:

 

in answer to your question - they are perfectly within their rights to take the full 28 days to file their defence - so no letters necessary. they won't make an offer during this period.

however, you could and should send copies of your breakdown of charges - two to the court to be attached to you claim and 1 to dg to be attached to your claim - both with your claim number referenced.

 

after the 28 days - they will defend you then you can write the nudge letters you may have seen us talk about - you'll find the info in the two aq threads listed in my signature at the bottom of this post - post 1 of both threads have ideas for nudging letters to be sent to dg - but this is after the 28 days.

so, send a copy of your breakdown to them now - but nothing more - just a short cover note saying to attach it to your claim.

and start that thread so we can keep helping you.

__________________

 

 

my only other suggestion is making sure your breakdown (schedule of charges) is up to scratch - it should be on a spreadsheet by now - with all the charges - oldest first, by dates, names they are called on the statements and the amounts - is that how you did it - and then used the simple spreadsheet to figure the amount of interest you added to the claim when you filed the court claim.....

[sharongina]

Hi,

Thanks for that,

I didnt list through a spread sheet I hand wrote all the charges oldest to newest and highlighted statements, do you think I should do this on a spreed sheet?

[nettyg]

sharongina it will be easier for us to help you if you stick to one thread.

 

a simple list is fine at the moment but the spreadsheet will be more helpful by the time you file your claim with the courts. not only that, it works out the interest automatically for you.

[lateralus]

i'm afraid that was my fault - i copied the press this new thread button i had sent last night - should have left that off. sorry!!!!!!

[lateralus]

see already we are at cross purposes -

let's let this thread drop sharongina - i'll post your answer onto the other thread and we can take it from there.

[lateralus]

ok, you answered this:

 

Hi,

Thanks for that,

I didnt list through a spread sheet I hand wrote all the charges oldest to newest and highlighted statements, do you think I should do this on a spreed sheet?

 

 

 

and now, i'm answering you this:

 

did you include 8% interest on your claim or not when you filed the mcol?

also, do you know how to use the pm (private message)? i may need to see your particulars of claim - have you kept them?

your figures aren't in the best format for the court and the solicitor so let's see if we can clean it up -

so, did you include 8% interest?

[sharongina]

Yeh,

Ill stick to this thread,

I think I said on the other thread I included the 8% by working out from calculater on money matters web page, but I shall print of a spreed sheet does anyone know if they will take into account the estimated charges I enclosed? I put in the letter to them as they never sent all the statements asked for I was left with no choice but to estimate the last six years for my credit card going by this years charges, also the HSBC are getting quite nasty now as I went overdrawn once this month and they are threatning to withdraw cheque book and overdraft bia bla bla..........

has the HSBC been like this with anyone else?

Im am prosuming I can do the spreed sheet frm this site??

[sharongina]

yeh

ok!

[lateralus]

that's ok so far - here is the link to the spreadsheet so you can get your charges onto it. we advise sending the simple spreadsheet (if you aren't including overdraft interest) and that will figure the 8% interest -

if you make the date the same as the date you used the other interest calculator - it will come out very close to the same total.

we also don't advise sending statements as the bank usually rejects this approach. so, let's you get your charges onto a spreadsheet and when you are happy with it - send it 2 copies to the court and one to dg.

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

 

 

now, next question - where did you get the particulars of claim from - did you copy them from a template - where? if it was on this site - then we are laughing as it will be done properly. not much mess to clean up.

don't get antsy - lots go wrong at the beginning and we can hopefully get it all tidied up.

 

i have to say i'm not up on the credit card charges and the estimating of them - but maybe someone else will help out with that bit.

 

 

so, get back with where you got your particulars (don't post them here) just tell me where you got them.

[sharongina]

money expert website

[sharongina]

Sorry, got information on how to fill out claim form from money expert website, got my claim form from my local court in Oswestry

[lateralus]

ok, i'm going to pm my particulars to you and i want you to compare them to yours - if yours don't use the particular legal bits then we may have to consider doing an amendment (costing £35 to repair them) let's see how we go. look for mine by pm in a minute or two.

 

ok, i've copied them off mse site and having someone take a look - they may be ok. i'll get back when i know.

right, i'm back again - the poc's shouldn't pose a problem taken from mse website so it's just the schedule we need to tackle.

 

 

we've seen before where people use moneysavingexpert and come unglued - mainly because their breakdown of charges isn't complete enough.

that's why i'm saying to put it on the spreadsheet and include the name of each charge as it appears on your statement - that's where they don't ask for enough info. it is likely that the solicitor's will return the list of charges saying it isn't workable. so, we are just getting them right before we send them to the court and dg.

we've actually got hold of this at just the right time - before you sent those lists to anyone.

so, keep working on getting those figures onto a spreadsheet and i'll get back about the particulars. and they are ok to use - as above.

[sharongina]

Thanks for that!

Mine reads,

Claimant..............

Defendant.............

breif details, (I have put)

unlawful charges from HSBC from my bank accounts and credit card account in the last six years, to include 8% interest I am seeking the return of my money due to unfair charges under the terms of customer contracts regulations 1999 because they are dispropotionately high sum in comparison compared to the breech

 

Particulars of claim ihave put,

 

I enclose attached statements with highlighted charges and a list of % of interest.

Between 7/6/2001=10/4/07 the defendant debted numerous charges from me the claimants accounts, the charges are a unfair penalty under the unfair terms in customer contracts regulations 1999, because they are disproportionately high sum in comparison to the cost of breech.

Under the law of penalties the charges are unlawful extravagent pjenalty and under the county courts act the claimant is entitled to interest of 8% per annum from the date they were deprived of the money this totals £753.56 in interest accuring to the date rate of 0.021% until judgement of payment.

The claimant asks the court to enter judgement in their favour for £2714.50 plus interest totalling£3418.06p

 

I then also enclosed all the charges by date oldest date first, I didn't include

on it what the charges was for but I included the charge and by the side the charge with interest, but as advised by money expert I enclosed all statements and highlighted all the charges which said on the statments what the charges was for.

Can you let me know what you think and also if I do a spreed sheet will I have to pay to now include this or does this just get sent in with the questionaire, also what will happen if D&G dont submit a defence by the set date 30/5/07?

Thanks alot for your help

Sharon

[sharongina]

All these have already been filed at the court, I had to provide 3 copies.

[sharongina]

ok,

I was thinking,

to put everything as you say on a spreedsheet including the description of the charge and send into D&G

[sharongina]

 

Hi thanks for that but I have already filed my claim at court, (three copys)

D&G have acknowledged the claim and have up to 30 May to submit a defence

I havnt got a clue what to do next if they dont enter there defence or soething about a questionaire, Im not using this thread now but if you look at my other thread youll see what I put on my claim form

 

Sharon

[lateralus]

yes, that would be a good idea - and would save you copying the statements out again - that's the point of the s/s really is to put all the charges by date, name and amount onto one piece of paper rather than sending statements -

i think let the claim go - as is - they no doubt will have seen it before in that format - but yes, try to get it onto a spreadsheet - dating it from when you did the interest calculator on mse and you should be pretty close on the figure. then send dg a copy and hang on to the original as you'll be using copies a lot - maybe to the court - but def to dg. so, give it a go and see how you come out - and try to get one to dg before their defence is filed (at the end of the 28 days) - put your court claim number on it for them.

[sharongina]

Yeh thats what I thought send this in to D&G doing the spreedsheet today and I shall send into them recorded delivery tomorrow,

Do you know if they always put in a defence as I thought they might of done this by now, I was hoping they do nothing!

 

I'll have to see what happens but may need some help for when (or if) the questionaire arrives if they submit a defence.

 

Whats this I was reading on Ms Abys thread about having to send something in of 600 pages (a bundle) whats that as this bits all confusing???

[lateralus]

don't worry about that now - probably won't happen.

 

as for their defence - yes, they nearly always defend and they nearly always take the full 28 days to do it - so you won't hear from them during this time.

 

the allocation questionnaire - usually they don't require it now.

both of these threads might give you an idea of what happens after the 28 days.When you have filed your AQ................

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

[sharongina]

Hi,

 

Thanks for all the info.

This is a great help!

I guess its just sit and wait now!

I'll be in contact when I hear something!!!

[sharongina]

Hi,

do you know how to change my thread, as I did'nt appear as I intended, say

Sharongina takes on HSBC????

[sharongina]

Thanks for changing my thread name!

i'll let you know when I hear anything!

sharon;) :o

[sharongina]

I today emailed all known at D&G to try and push for a offer, as I am concerned with this lloyds win, I emailed over and over and I got a response from Kate by email basically stating claims are dealt with in strict dated order but I will keep pushin and re-sending the e-mail may be this will work.

 

I was just wondering do D&G know about this site? I wonder if they look through? Proberbly dont have the time though, also doe anybody know if anyone has has a offer of settlement since the lloyds win?

[lateralus]

sharon, i'm just covering this post as well, i've put this same information on the other two threads you've posted on today. you can read what i've said on them.

to you and anyone thinking that bombarding dg with contact will help - it will not - this is a very bad idea. please don't do it anymore.

thanks