Russjo vs HFC

[Russjo]

Okay their time is up and I've started filling in my claim on line but because this is not a straight forward claim for charges, would just like someone to read over what I've put in the particulars of claim. I've copied everything over from the template library (obviously changing all relevant details) but have added this:

 

"The Defendant also debited additional amounts with no reasonable explanation and has refused to acknowledge the mistakes made in their accounting"

 

What do you think?

[Russjo]

Just to add, they claim that the two £50 payments in question were not applied correctly therefore they reversed the payments and then applied them correctly. However, the balance only reduced by £16.16. I've also got copies of statements from Baines & Ernst which shows that two lots of £50 were paid

[Russjo]

Bump, need some help with the above

[steven4064]

"The Defendant also debited additional amounts with no reasonable explanation and has refused to acknowledge the mistakes made in their accounting"

I think this should be OK except that I think you should be more explicit and say how much this aspect of the claim comes to. then at the end have a summary that says some thing like..."I am claiming £xxx froi unlawful bank charges plus £xxx interest charged by Nat West thereon and £xxx mistakenly debited from my accout."

 

Steven

 

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[Russjo]

I knew you'd come up trumps Steven, thank you

[Russjo]

Oh my god, I've just pressed the button. I must admit, as HFC have been quite prompt up until now, I kept debating whether or not to wait a while longer, but hey, my timescales right!

[steven4064]

but hey, my timescales right!

Absolutely.

 

(although I would advise being a teensey bit less trigger happy if it comes to pushing the judgement button!)

 

Steven

 

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[Russjo]

Don't worry, I won't be pressing any more buttons until I've double checked on here first . The only thing I'm a little concerned about now is trying to find terms & conditions for this account. I have asked them for it, but I'm not holding my breathe

[steven4064]

When you get a letter from their solicitors, if you still haven't got the T&Cs, write to the solicitors telling them you have requested T&Cs but not recieved them and that your request is pursuant to CPR Pre-Action Protocol 4.6©. Copy the letter to the court.

 

I did this with NatWest and they came up with them with a letter of apology for the delay 2 days later.

 

Steven

 

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[Russjo]

Okey dokey

[Russjo]

Hi Steven,

I've just realised, you thought I pressed the button by mistake, but I did actually mean to submit, it was just a little daunting doing so.

Jo

[steven4064]

O I C

 

Steven

 

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[Russjo]

Received the Notice of issue today. I'm assuming that it is pretty standard. It will be deemed served on 30th June and the defendant has until the 14th July to reply. I'm assuming I'm right in saying that I send a copy of my schedule of charges to the court to be filed with my claim, which I shall do in the morning. The butterflies are having a field day in my stomach and even my hubby has caught the bug. He phoned me at work, he was all excited because the claim is in his name so he opened the letter and realised that this is now very real

[Russjo]

Right I still haven't sent the schedule of charges. This is because I can't make up my mind what it should look like as this isn't a straight forward charges situation. There are 5 x £15 in charges, but then there are numerous transactions where they have taken 13p here, there and everywhere. Also, there are 5 transactions where they claim that to payments were not applied to the account correctly. What should I put on the schedule of charges and how should I lay it out???

[Russjo]

Well I've sent a schedule of charges and mistakes. Hope it's comprehensive enough. It was difficult to explain their cack handed way of handling an account, but I think I've managed it. I have today received the Acknowledgement of Service and they have ticked the box saying that they intend to defend all of this claim. They have also changed the name of the defendant to HSBC Bank Plc. So they've got 28 days (14th July) to enter their defence

[steven4064]

Sorry not to respond earlier - been away on brief hols. I don't think the form of the schedule matters too much. As you made the claim via MCOL, HSBC's lawyers may well say there is not enough information. Although you don't have to reply to that, it is a good opportunity to clarify what you are claiming.

 

Steven

 

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[Russjo]

Hope your hols was good. I have sent a copy to the court, do you think I should send a copy to HFC?

[steven4064]

Yes, or at least to their solicitors. Make sure you include your MCOL claim number so they can match it up

 

Steven

 

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[Russjo]

Will de doody

[steven4064]

Russjo

 

Thanks for your comment. I think you should probably ask a mod to move your thread to the HSBC forum now they are the defendant. THe 'other institutions' forum doesn't have a large membership. You will get a lot more advice there I think.

 

Steven

 

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[Russjo]

I did have a thread going in the HSBC forum for another claim, and I have decided to update it there as well, but I thought that by leaving this one going, it would help any others who are going up against HFC.

[steven4064]

I did have a thread going in the HSBC forum for another claim, and I have decided to update it there as well, but I thought that by leaving this one going, it would help any others who are going up against HFC.

THat's fine. I'm not actually claiming against HFC but I guess they are not a lot different from anyone else.

 

Steven

 

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[Russjo]

I think the one thing that stands out with HFC is their poor accounting. I have seen others members who can't make the figures add up either and I think it's important to share this information

[Russjo]

Wow Steven, congratulations on promotion to a Site Helper, what an achievement.

 

Just an update, I've checked on MCOL. The other day it said acknowledged, today it says defend 25/6/07. It was served on 30/6/07, so should I receive their defence within the next few days or so??

[Russjo]

Okay, I've received a Notice of Transfer of Proceedings and the claim has been transferred to my local county court. "Allocation questionnaire should be returned to the County Court" has been crossed through and it says that it should be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

The defence is as follows:

 

1. The Claimants account is governed by the Defendants personal and/or business banking terms and conditions

2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft

3. The Defendant denies that the charges applied to the Claimants account amount to penalties at Common law and/or unfair contract terms for the purposes of the UTCCRs

4. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the Claimant is denied.

For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

They have made no particular reference to the fact that they have not administered the account properly and have overcharged me for their "services"