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You can only claim back the interest on the portion of the o/d caused by unlawful charges , molly - the 'Advanced' spreadsheet is designed to take care of that. Speaking personally , I'm not sure it's worth the hassle, but I know there are people who will disagree with me. :)

 

So really,it's a personal decision, if you decide to just claim the charges , then the 'simple' s/s is OK.

 

Just as a matter of interest molly, did you get official notification that your other claim had been stayed? Reason I ask is, if it wasn't and you didn't turn up at court, HSBC may try to have it thrown out.........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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you havnt agreed any settlement so you can claim your interest. As long as you make it clear where this comes from I dont think it will cause any problems :).

 

When the test case mess reaches a stage where the banks start to agree settlements again I think they will roll together all of your charges and claims just as they did before we had the test case started.

 

pete

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You can only claim back the interest on the portion of the o/d caused by unlawful charges , molly - the 'Advanced' spreadsheet is designed to take care of that. Speaking personally , I'm not sure it's worth the hassle, but I know there are people who will disagree with me. :)

 

So really,it's a personal decision, if you decide to just claim the charges , then the 'simple' s/s is OK.

 

Just as a matter of interest molly, did you get official notification that your other claim had been stayed? Reason I ask is, if it wasn't and you didn't turn up at court, HSBC may try to have it thrown out.........

 

Hi yes got a letter of dg saying it was they were appling for a furthur stay till it was sorted out. Is that ok. I did originally go to court because i had a date when i got there hsbc were their when we went in the judge said he was sorry my time had been wasted it had slipped through by mistake.

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That sounds OK then ,molly if you haven't got another court date - :)

I just wanted to be sure you were OK on that score ..so there should be a fresh date that your claim has been stayed to - is that right?

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi

 

I got this of DG We refer to the Order of the Court made by Distric Judge Travers dated 27th November staying the ckaim until 31st March 2008.

We enclose a copy of the letter dated 27th March that has been sent to the court respectfully requesting that the court agree to continue the stay in the above reference claim pending the final determination (including any appeals) of the test case.

 

And not heard anything from any one since this.

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I would be tempted to write to DG asking for written confirmation that the further stay has been granted until.....(whenever). When they come back with a written confirmation you can relax and forget about the cretin on the phone - or you may want to send him a copy :rolleyes: just to annoy him:D.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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  • 3 months later...

Hi

 

Not been on for a while i have managed to move my life insurance to my daughters account, so they are just charging me around £50 interest on my o/d can i claim this back? :? Iam also in process of claiming my money back from XL we were going to florida with them:mad:

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Hiya Molly long time no see, its good to see you :)

 

If your OD is totally made up with charges then yes you can claim back any interest they charge you on their own charges. if your overdraft is more than the charges they have deducted from you then you can only reclaim a proportion for the charges amount :cool:

 

Sorry to hear about your spoiled holiday and good luck with your claim :)

 

pete

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  • 3 months later...

Hi

 

Hope every one is ok not been on for a while.:)

 

I got a letter of the hsbc saying as i have not offered them a payment to clear my o/d they want it all back within 7 days in full. If i can not do this they have enclosed means test form so do i fill this in and make an offer? It goes on to say action will be taken if i don't do either. which could be debt collectors or solicitors or i could be taken to court. Not sure what to do. :???:This is the account i am claiming charges back from but they are charging me £50 a month interest on the o/d. Also i have got my mortgage with them could this affect my mortgage.

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hi molly check you overdraft contract i am sure it is 28 days notice .......

 

your mortgage is totally different....

 

I would write telling them you have not made an offer as they refuse to deal with the unfair charges and the account is in dispute....

 

i would also write to the fsa enclosing a copy of their letter.... i am 99% sure they are breaching the banking code....

 

psss looks like they are starting ot seriously struggle.....

rockin all over the world

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Thanks

I will do that also i have got a plan with the cccs and they offered a payment to hsbc which is paid every month not much but they refused to accept it. But cccs said to still pay it which i do.

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ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are demanding repayment within 7 days of my over draft on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

  • You have fallen behind with your payments,
  • The amount owed is not in dispute; and
  • You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

 

I have a plan with ccs which is being bpaid every month, you refused to accept this, despite your refusal my payments have continued and will continue to do so.

 

A copy of this letter adn the one received from you are being sent to the FSA and the OFT for their information.

 

 

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

 

Yours sincerely,

rockin all over the world

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  • 2 months later...

Hi

 

I sent that letter above to hsbc and i will type up the reply they sent, they then sent me a letter from Metropolitan which i ignored i have now had a letter from dg i will put them all on if any one could give me any advice i have not spoke to any off them and have got a new phone number so they can't contact me.

 

24th feb

They have fully investigated my concerns and have said.

I acknowledge that a legal challenge to the bank has been raised in your name. However at present a legal challange to charges is not a dispute of the balance of an account. Therefore even though a legal challange has been raised the banks collections procedures will still continue.

I acknowledge that you are paying funds into your account each month (i have got a plan with the cccs who pay £6.00 in each month which they would not accept) however the bank was unable to agree to the repayment offer to the level of debt outstanding which is £2,827.74 Therefore a final demand has been issued on the account. Please be advised if no repayment plan is agreed in the near future the debt will be passed to the debt collection agency. Then gave me a number to ring which i did not do. I am claiming back around £1500 charges it rose to the higher amount as they are charging me £50 a month charges i have not got anything going out of this account and not sure if i can claim the rest of the charges back?

 

Next letter from Metropolitan

 

We have been instructed by HSBC Bank to collect the above debt. You must pay it in 7 days. Please note failure to make a full payment may result in your account being transferred to DG to commence legal proceedings.

 

These did keep ringing but i never spoke to them.

 

Letter from Dg

 

We act on behalf of HSBC We are advised that despite full demand repayment has not been made.

 

We have therefore been instructed to take legal action against you in the count court to recover this debt, This may result in the bank obtaining a judgement against you which if not complied with may result in an application to secure a charging order against your property (my mortgage is with hsbc) The rest is just about how to pay it i have got 14 days to do this got this letter on 6th april.

 

What do you think i should do now. Thanks Molly

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Hi

 

Hi Molly , Welcome Back :)

 

I sent that letter above to hsbc and i will type up the reply they sent, they then sent me a letter from Metropolitan which i ignored i have now had a letter from dg i will put them all on if any one could give me any advice i have not spoke to any off them and have got a new phone number so they can't contact me.

 

24th feb

They have fully investigated my concerns and have said.

I acknowledge that a legal challenge to the bank has been raised in your name. However at present a legal challange to charges is not a dispute of the balance of an account. Therefore even though a legal challange has been raised the banks collections procedures will still continue.

 

This is utter garbage ,Molly - of course the legal challenge leads to your account being 'In Dispute' and as such they should not pass it to a DCA.

I acknowledge that you are paying funds into your account each month (i have got a plan with the cccs who pay £6.00 in each month which they would not accept) however the bank was unable to agree to the repayment offer to the level of debt outstanding which is £2,827.74 Therefore a final demand has been issued on the account. Please be advised if no repayment plan is agreed in the near future the debt will be passed to the debt collection agency. Then gave me a number to ring which i did not do. I am claiming back around £1500 charges it rose to the higher amount as they are charging me £50 a month charges i have not got anything going out of this account and not sure if i can claim the rest of the charges back?

You can do this in two ways , Molly - 1. apply to the court to vary the amount which you are claiming , which will incur costs which you can't claim back or 2. Start another claim from scratch for the balance - this will incur court fees , which you can of course claim back as you did before. :cool:

 

Next letter from Metropolitan

 

Metropolitan of course , are not a real DCA - they are only the collection branch of HSBC , use their premises and database , etc .etc .....

 

We have been instructed by HSBC Bank to collect the above debt. You must pay it in 7 days. Please note failure to make a full payment may result in your account being transferred to DG to commence legal proceedings.

 

These did keep ringing but i never spoke to them.

Good for you ., they'll only harass you on the phone

 

Letter from Dg

 

We act on behalf of HSBC We are advised that despite full demand repayment has not been made.

 

We have therefore been instructed to take legal action against you in the count court to recover this debt, This may result in the bank obtaining a judgement against you which if not complied with may result in an application to secure a charging order against your property (my mortgage is with hsbc) The rest is just about how to pay it i have got 14 days to do this got this letter on 6th april.

 

What do you think i should do now. Thanks Molly

 

Now molly, you could bring up the big guns and send them a version of Pete's letter as on this link : :)

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html#post1311983

 

But send it to DG , suitably modified ........

 

Or you could just write , pointing out that you will be happy to see them in court so that you can get your counter -claim out of the 'Stayed' position which they are responsible for ....... and get back the money which they owe you .....

 

Tell them that this account is obviously 'In Dispute' or it wouldn't be in Court in the first place ........

 

Come back if you have any further queries, Molly - and keep an eye out , there may be other advice coming from the site ........ if pete's around I'm sure there will be ........ :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnny

 

Thats great will do. Can i claim the £50 a month they have added since i put my claim in, i have not got anything going out of that account now as got a parachute one, the money they keep taking is because i am overdrawn they made it this high with their charges.

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That's great that you've got a parachute account Molly -:) it means whatever they have loaded onto your account is pure charges, which you can claim back as I said above ...........

 

I think I 'd go for another court claim , so you can claim back the costs as well... just start your new claim from where the last one left off...... do it on a new spreadsheet so that you get the running interest figure as well .........

 

and of course. come back if you need more info ..........:D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thanks i have also spoken to the cccs and they told me they will deal with Dg and i have not to speak to them as they will only want me to offer a apyment. So that ok. Do i have to send the £10 and ask for back statements i cant get them online now.

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If you only want a few statements it may be best to drop into the local branch and ask Molly - but if you send your SAR and £10 again it gets you a lot more than just your statements - however, make sure you ask specifically for statements - or they may just send a list of charges.......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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btw - good to know that cccs are going to deal with DG - saves you a lot of hassle ....... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I noticed your light on Molly and thought you might like the link for the SAR :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

 

There you go ........... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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