Reply from hsbc

[jowalshy]

did you send your SAR recorded delivery? If you did then you can check on the Royal Mail website when your SAR was delivered. I personllay would send a letter before action for non-compliance (template in the bank template library). attach a copy of your original SAR with it.

[jowalshy]

You can send a partial acceptance letter accepting the offer on the basis that the rest gets forwarded on to you within the next 10 days. Here is a copy of the letter I sent.

 

 

Thank you for your letter dated xx.xx.2007 offering £xxxxx.xx in full and final settlement of my request of the bank charges you levied from our account during the last six years. We are prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £xxxx.xx is to be paid within the next 10 days. This amount is made up of £xxxx.xxx being charges levied from our account as detailed in my letter before action dated xx.xx.xx, £xxx.xx being the interest claimed under section 69 of the County Court Act 1984 at 8%, and £xxx.xx being the amount paid by ourselves for the claim made against you via Money Claim Online on xx.xx.xx. We have enclosed a copy of our letter before action together with a schedule of the charges and interest claimed.

Please note we are claiming £x.xx per day in interest at 8% until this matter is settled.

Yours faithfully

[jowalshy]

Daily interest is calculated by taking the total amount of charges you are claiming and multiplying it by 0.0002. e.g total charges = £1500.00 then daily interest would be £1500.00 x 0002 = 30p. Then take the number of days since you filed your claim and multiply it by the daily interest figure.

 

Of you haven't specified that you are going to claim this then I don't think that you can claim it now

[jowalshy]

You can ask that in your letter. Just state that you want the repayment in the form of the cheque which is to be made payable to xxxxxxxxx

[jowalshy]

It cetainly looks like the full bundle to me. Here is the bundle link:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

[jowalshy]

And four.

 

Hi Molly, just let us know what you need and we will do our very best to help you.

[jowalshy]

Went to Disneyland in Paris for the weekend with three of my friends. No husband and no kids, just great thrilling rides for Saturday and sunday and then coffee up the Eiffel Tower on Monday.

[jowalshy]

OK. this looks like a basic bundle to me. I will have to go and refresh my memeory banks to see what this is again. BRB. I am sure that Lattie used to have a link to the court bundles for dummies thread. I will see if I can hunt it out and post a link on your thread.

[jowalshy]

Here is Latties's thread that may help you. Just shout if there is anything you need.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

Also be prepared for a stay of proceedings. You will find helpful links to what you need to do in Freaky's sig. (It isn't showing up in this thread, but if you click on his name it will bring up all the info you need)

[jowalshy]

Just because you have a letter from DG does not mean your claim has been stayed. This is up to your local court. You can always give them a ring and see if their application for a stay has been granted.

[jowalshy]

Just because you have a letter from DG does not mean your claim has been stayed. This is up to your local court. You can always give them a ring and see if their application for a stay has been granted.

 

Hi Molly, I think that you really need to see if DG's applicaton for a stay has been granted. You may not have received anything from the court as yet (probably due to the amount of claims at present).

[jowalshy]

T&C's for about 1980 I think are as rare as rocky horse poo. I don't think that it would have changed much between the 1980 ones and the 1997 ones that this site (and I) have.

[jowalshy]

Have you tried wiggling the disk before clsing the door? sometimes that works. Yes you do number all the pages.

[jowalshy]

Yes it is the statement of case. But call it statement of evidence.

 

yes you do number all the pages.

 

Not sure what you can do about the info you had on your disc. Maybe some computer whizz will be on later to help you with that problem

[jowalshy]

You could always download this and see if it works to retrieve the data from your disk:-

 

BadCopy Pro - Floppy Disk, CD, DVD and Digital Media Data Recovery Software

 

 

or:-

 

CD and DVD Data Recovery/Rescue software, also featuring BD and HD DVD

[jowalshy]

There should also be the preliminary letter (the first one you sent asking for the charges back). I wouldn't ask for an extension, I am sure that if we all pull together we can guide you through the bundle.

[jowalshy]

I've got to pop off now to pick up the kids, but I will be back a bit later. I will also hunt out my bundle for reference

[jowalshy]

Psst.. Can you remove your daughters name from the letter. As FL says you never know who is watching.

[jowalshy]

My bundle consisted of:- (bear in mind that mine was settled prior to the OFT announcement and there maybe some changes that need to be done)

 

DOCUMENTS

Description: Pages

 

Witness Statement

Draft Order for Directions

Correspondence from Claimant

Correspondence from Defendant

Bank Statements

Schedule Of Charges

Statement of Evidence

Relevant Case Law Summary

Early Day Motion From The House Of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1977

SOGA 1982

Terms & Conditions 1997

Price List for 1997

Terms & Conditions 2005

OFT Statement Summary

BBC Commission Conclusion

Transcript for Peter Mcnamara BBC Radio Interview

Australian Default Charges report by Nicole Rich

[jowalshy]

I think I might do the same .

 

Hi Molly, if you just tick off what you have got and then post up what you haven't got, we can point you in the right direction to get all the bits and bobs you need.

[jowalshy]

Yes use the 55 letter and adjust it with nawandas letter. Also make it personal to your own claim. Read through every bit and change it if necessary. If your stuck, just post up what you have done and we can read through it to make sure it is ok.

[jowalshy]

Here is the BBC commission conclusion thing:-

 

The Money Programme bank commission

Most lenders impose hefty penalty charges on their customers.

Having failed to get even a rough indication from any of the major banks about how much it costs them to process their customers' defaults, we decided to set up a commission of experts to try to answer the question.

We deliberately avoided campaigners and prominent critics of the banks.

Instead we chose two eminent business academics Prof Philip Molyneux of the University of Wales, Bangor, and Prof John Struthers of the University of Paisley, and an experienced banker, Ian Jarritt, formerly a senior executive with NatWest.

We asked them to work out the highest costs they thought banks could possibly justify for dealing with defaults, taking every relevant expense into account.

Our commission began work in October and met in London a month later to reach their final conclusion.

They decided that the highest cost banks could justify for bouncing cheques (the most labour-intensive procedure) was £4.50.

For other items, such as bouncing direct debits or dealing with unauthorised overdrafts, the commission judged £2.50 to be the highest cost banks could reasonably justify.

Both figures are vastly lower than the average £30 penalty banks have been charging for defaults.

Story from BBC NEWS:

BBC NEWS | Business | The Money Programme bank commission

 

Published: 2006/12/11 20:38:40 GMT

 

© BBC MMVII

[jowalshy]

fingers and toes, and everything else that I can cross, is being crossed for you. I am sure that what you have submitted will be fine.

[jowalshy]

Have a read through your statement of evidence. Anything you have refered to in it, I think you need to print off. eg if you mentioned the BBC thing, then print it off. As FL says you can always send the extra bits in with an accompanying letter requesting it to be added to your bundle.

[jowalshy]

OMG Molly how unbelievably awful. My thoughts and prayers are with you both.

 

Jo

 

xx