Tracey vs HSBC

[Lenlu]

Today the 14 days are over from my first letter.

 

I am claiming £650

 

Will send my next letter off next tues (to give them time for the letters and I can not get to post office before then anyway!!)

 

Im kinda hoping they reply and offer as I dont think im brave egnough to do the court thing

 

Whats LBA??

[jowalshy]

LBA stands for "Letter Before Action" It is the next letter you need to send off giving them 14 days to comply or you will take them to court

[Lenlu]

Hiya

 

Im more of a lurker here, HSBC have not responded to my second letter so its time to claim through the courts for me. I am on moneyclaim website, just wondered if anyone could direct me to a what happens now thread, my head is buzzing with all this info

 

Can anyone tell me what address I put for HSBC on the money claim website? The branch address? What is a service address?

 

I kinda hoped it wouldnt get this far, and feel like just leaving it, my claim is for £650

 

Thanks

[Castlebest]

Hiya Tracy, there is nothing scary about filing your claim with the court, have a read of this,

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

 

pete

[bluejay]

Hiya,

 

I am at same stage as you, I have just completed my MCOL bit and awaiting the next stage. The address you need is 8 Canada Square, but if you put the postcode in and ask it to find the address it will - E14 5HQ once filed then send them 2 copies of your breakdown.

 

If you read this then it should help answer some questions for you

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Best of luck

 

bluejay

[bluejay]

Aww Pete you beat me to it!! lol

[Lenlu]

OMG Particulars of the claim......hhhmmm I have no idea when i opened the account, I have had it since I was a kid, any way i can find out?

 

Your account number

Date account was opened

The date from when your charges began

That you have already supplied a schedule of charges

That you will be supplying a further copy

That the defendant has levied charges and interest

That the defendants contractual term which allows charges is unfair and contrary to common law

Total amount claimed

 

Think I understand the above, but what are the next 2 about?

 

Section 69 statutory interest statement

The alternative argument - S.15 Supply of Goods and Services Act 1982

Costs

[Lenlu]

also what does levied charges and interest mean? Do i just put that in as a statement?

[Lenlu]

OK bundled my way through the interest statement of

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

however what does the £ mean, do i have to work out how much interest is owed to me? and what is the daily rate?

[Lenlu]

anyone there?

[Lenlu]

OK for the interset do i use interset calculator like on Bank Charges: Reclaim them, they're unlawful, get up to six years' money back...

 

and work out interest for each charge? This is will then increase the amount i am claiming? I didnt intend to claim interest to start with, but seems you do now?

[Lenlu]

OK daily rate is 0.85 i have found, so in the bottom box does this mean I increase that figure to include the interest for the total amount claimed? also still need help on:

 

also what does levied charges and interest mean? Do i just put that in as a statement?

 

and

 

The alternative argument - S.15 Supply of Goods and Services Act 1982

Costs

[Lenlu]

OK I think I have muddled through, nice headache here now!!

 

Just a quick question, once I have filed this claim, I have stated that I have sent another copy of th4e charges to the bank, do I do that now?

[Trish76]

OK just want to check everything over for you:

 

Have you entered all your charge details into a spreadsheet??

 

This will act as your schedule of charges and will calculate the 8% interest on each charge from the date it was applied to your account.

 

http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls

 

This schedule is what you will send to the bank upon submission of your claim through the courts.

 

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

{date when the money became owed to you} This is the date of the first charge you are reclaiming.

 

{the date you are issuing the claim} This is the actual date you file your claim through the court.

 

{put the amount} This is the total amount of the 8% interest as calculated by the spreadsheet, not the Charges total.

 

{enter the daily rate of interest} The daily rate is calculated by Charges Total x 0.00022, therefore £0.85 is a little excessive. You state in your first post that you're claiming £650, if this is the total of your charges then your daily rate will be £0.14.

[Lenlu]

Yes Thanks Trish, done all that now My money claim thinggy is in, and I am sending my printed spreadsheet charges thing to money claim. So what now? Do i need to send another copy to my bank or solicitors or do I wiat til I have been asked?

[pinkduchess]

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

 

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

 

 

 

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,

[Lenlu]

Thanks hun

[Lenlu]

OK MCOL has issues HSBC today, but i now notice on MCOL I have 'start' option under judgement, then an option to select 'judgement by default or judgement by admission, do i need to select one of those now?

 

also now its been issued what do i do? Do i now send a copy of charges to DG? and a nudge letter? any links to nudge letters?

[lateralus]

nudging is for after the 28 days when they have filed their defence.

wait for the next paper - notice of acknowledgment - dg address will be on page 2 - then send them a copy of your breakdown.

don't press the judgment button - although it shouldn't let you until either the 14 days have passed from the service date (if they don't acknowledge) or 28 days have passed if they acknowledge but forget to file their defence -

so, just sit tight for a bit now - you should receive a notice of issue - then a notice of acknowledgment and then a notice of defence with a transfer to your local court - that's the order of paperwork.

[Lenlu]

Thanks Lateralus, I see new things and panic, I feel way out of my depth here, never hoped it would go this far, I hate confruntation but other half is encoraging me to continue

[pinkduchess]

just take one stage at a time - helps keep the panic at bay

 

remember theres lots of support for you on here.

[lateralus]

baby steps -

one thing at a time - don't look too far ahead - that's def the best way.

[Lenlu]

OK Notice of acknowledgement received today and I have sent a copy of my charges to DG, I now understand they have 28 days to defend, can you tell me simply what happens now

 

Thanks

[freakyleaky]

They have 14 days from the date of acknowledgement to defend! Once they do your case will be transfered to your local court and they will inform you with ditections from the judge!

[Castlebest]

They have 14 days from the date of acknowledgement to defend! Once they do your case will be transfered to your local court and they will inform you with ditections from the judge!

 

Freaky, have you been having typing lessons from Auburn

 

pete