MattHoy vs HSBC C/C ***WON***

[MattHoy]

Hi

 

Hope I am doing this right by starting a thread with this title? I have 2 claims going at the moment. The first is against HSBC credit card, only for £100, I thought they would make me an initial offer of around half this which I would of been willing to accept but they offered me nothing so have : Started my claim with MCOL, got a court date for local court of 29/06 and sent DG 3 nudge letters all without reply!! I am a bit worried as I made a couple of mistakes on the MCOL form, firstly stating the reason as 'Illegal bank charges' rather than unlawful and then not filling in the particulars of claim correctly. I sent a letter to MCOL with the correct particulars of claim and asked them to file this with my case, do you think this will be OK?

 

Think I might start a seperate thread for my other charges or might get wires crossed. Thanks in advance, Matt

[lateralus]

what did the court say about your amended particulars - usually they require them to be done on an N244 at a cost of £35 - did they get back to you about them? be sure you are sending the corrected ones to dg with your nudges -

yes, start a different thread in this forum if you are doing another claim - it gets too complicated!

[MattHoy]

Thanks for the reply, the court didnt get back to me about the amended particulars and I havent included them in the nudges to DG, I just sent them in a letter to MCOL, and after just reading thru that letter I dont mention that they are the new particulars of claim, I have just put 'please file this letter with my case'!! Am I too late to amend the particulars now as I have a court date set? I am doing a claim for the wife as well against Barclays and did the same procedure as above so that might be a problem as well?!?!? Uh Oh, worried now....

[lateralus]

sorry, didn't mean to worry you - but it happens -

if the p o c isn't right - i'm thinking you will get what a couple on here have had which is a sort of fix it up or we'll not look at it.

 

when i said send the corrected one's i really meant the breakdown to dg - they will see the poc's and if they defend on the basis that your poc's are not good - you'll soon know. so let it ride for the moment.

[MattHoy]

Thanks, I will send that out today with another nudge. Just looking thru some of the paperwork I have, and on OHs Barclays defence form it states - 'The particulars of claim do not provide details of the account in question or the precise charges alleged to have been unlawful, or the date thereof.' But there is nothing along those lines on my defence form!

 

I included these in the letter I sent to MCOL (which does say -

Please find enclosed further information to be processed with claim number xxxx and served on the defendant HSBC Bank Plc.) so do you know if a copy of this will be sent to DG as I included 2 copies of the letter as well as 3 copies of the charge dates etc.

[MattHoy]

Just amended my nudge letter to say - Please find enclosed another copy of my schedule of charges relating to the claim as well as a letter sent to MCOL to be processed with my claim, regarding the particulars of claim.

 

Do you think this will be OK or should I try and get the actual particulars of claim on the claim form amended?

[lateralus]

that's interesting and i'm not sure what to say - i still think if your poc isn't up to scratch dc will defend on that basis, but you've sent an amended one (just not officially) and the court refers to it. On the basis that any amendment has to be served by the claimant to the defendent - i think you should send DG a copy of the new particulars with your letter and make reference to it in your letter like as you say: Please find enclosed another copy of my schedule of charges relating to the claim as well as a letter sent to MCOL to be served to the defendent regarding the particulars of claim.

 

that's what i think should happen - but wait until you hear from a moderator - i'll try to get one to take a look this evening.

[hagenuk]

You are going to need to formally amend your claim - this will require an N244 Application Notice. A letter to MCOL is not sufficient.

 

Look here for details on how to do this, half way down post #1

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[MattHoy]

Lateralus, fantastic, thanks for your help.

 

Hagenuk, thanks for the info I will get onto that right now.

[MattHoy]

Quick update, filled in all the forms from that link and took them to the local courts. Feel alot more at ease now so thanks again

[MattHoy]

Another quick update. After completing the new POC the wife has received an offer for the full amount!! She is with Barclays but thought I would post it in here as this is where I got the advice to redo the POC. Still waiting to hear from DG about my claim but fingers crossed. Massive thanks for all the advice.

[hagenuk]

Well done, congratulations to your wife and I am sure yours will not be too long in coming either.

[MattHoy]

I am preparing my court bundle at the moment and need to include the original Terms and Conditions, will these be the same for the HSBC Credit Card as they are for a bank account?

[hagenuk]

No, they will not, look here http://www.consumeractiongroup.co.uk/forum/hsbc-bank/75993-re-hsbc-no-q.html - post #20, you will see a link to a PDF file - they are for HSBC dating back to 2004.

[freakyleaky]

also here HSBC T&Cs HERE

[MattHoy]

Thanks for the links, when readin thru them they do not mention the credit card, do you have a seperate link for the credit card t & cs?

[lateralus]

you're right matt - i don't think these are the same as for credit cards - why not pm a mod to ask if they have any for cc

 

in fact - pm hsbcrusher - he will know if the credit card t & c's are different and if they have them.

[MattHoy]

Thanks lateralus I will PM them now

[HSBCrusher]

Yes, the T&Cs ae different.

Matt... I have looked at what I have, I only have current account (personal and business) T&Cs here. My apologies.

[MattHoy]

Thanks anyway Crusher, would I be best to include a copy of HSBC account T&Cs or just not include any T&Cs?

[freakyleaky]

Am I not right in thinking that there is a section in the normal T&C's that mentions the use of credit cards?

I remember reading it in there somewhere! If not I think you may aswel send some as none at all! I doubt they even read this stuff anyway!

[lateralus]

doesn't anybody have a copy of terms and conditions for a credit card??????

somebody must have them!!!!

come on - he needs them.

freaky, i read right through and it mentions cards - but it is debit cards.

somebody will come through with them.

[MattHoy]

Woo Hoo I WON!!! With a week to go till court I have had a letter offering me the full amount (only £130, but it all helps). Firstly massive thanks to everyone for your help, you really helped calm the nerves and due to some mistakes I made at the beginning of the claim doubt I would have won if it wasnt for your help and advice.

 

Im not sure how to change this to a case won so if someone can let me know I will change the title.

 

Thanks again and I hope my other 2 claims go as well. :D

[freakyleaky]

*****CONGRATULATIONS*****

MATTHOY!

[freakyleaky]

jUST CLICK ON THIS AND ASK A MODERATOR TO PUT A WON ON YOUR TITLE!

 

 

 

Well done Matt!