hsbc have files a defence!!

[jim morrison]

Hello, i am new to this so hear goes: i have followed the martin lewis step-by-step guide to reclaiming bank charges and am at the stage of MCOL, HSBC's 28d was due 2 run out this monday 18-6-07 but when i checked MCOL this evening i could see they have now entered a defence:o! i am claiming back £1500 including £120 costs for MCOL. Several of my of my earlier charges from HSBC were £80 for going £15-20 over my overdraft limit!! I dont see how they could say this was a resonable charge!

It has worried me slightly and i dont fancy the idea of going to court. Is this just delaying a payout or an attempt for me to stop this claim agains them? i was woundering if anyone else has to go to court with HSBC?

Should i be worried, or keep my cool:cool: , is this the HSBC's usual process?

I would be gratefull for anyones help in answering my Q's

Thanks!!

[Castlebest]

All perfectly normal so nothing to worry about.

 

If you have used the MSE templates you might just check your schedule has all of the dates and charge descriptions against them. Have you sent copies to the court to be included with your claim and a copy to DG for their paperwork ?

 

Might be worth having a look at your particulars of claim too, check what you have used against the template here.

 

Some of the district judges think they MSE documents are too brief and ask for further and better particulars of claim so it would be worth being ready.

 

pete

[jim morrison]

hi and thank for your responce, when i have looked at the MCOl i could downloan a copy of the claim details but it just shows on the claim form the amount i am claiming plus interest, i did send a breakdown to hsbc but thats it, MCOL said they could do no more for me and i would receive a letter on what to do next? I assume it will give me the court address and date of case hearing? when i get the letter should i just post my list of charges to the court with the claim ref? and forgive me for sounding thick but i dont know what DG is? Thanks again for your assistance.

[jim morrison]

DG are sol's! sorry, as i said i am new to this, i will await MCOL letter and letter from the court and will get back to you, im off on me hol's next tue for 1wk, when the letter arrives will it req a immediate reply? i dont want to come back from my hol's and find i have missed a deadline! Could this happen???

[freakyleaky]

Make sure you have a detailed schedule of charges ready to send to dg and your local coutr as soon as you get back. have a look at the newcomers user guide to give you an idea of the information that the court requuire!

Newcomer? Here's A User Guide

[jeneil]

Hi , the MCOL will just tell you the case has been transeferred to your local county court and the court will be a lot longer than a week before writing to you so enjoy your holiday and forget all about it!!

[jeneil]

well done freaky you beat me to it you must have broadband? i'm still on watching paint dry dial up connection and am pretty tired so off to bed keep up the good work:)

[jim morrison]

Cheers freaky & jeneil , i started this in feb asking 4 statments ect and was hoping by june the money would be hear to pay for this holiday and other bills!! I must admit since i started this thread & read others i am alot less worried now i know theres help out there:D

Thanks again !

[jim morrison]

Hello again! i just got my 'notice of transfer of proceedings' it states that unless my local judge requires it they wil dispense with a allocation Questionaire! i will give you details of there defence (1) the claimants accnt is governed by the defendant personal and/or business banking terms and conditions. (2) Pursuant to the defendants terms and conditions the defendant is intitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering wheather 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 unfair terms in consumer contract regulations 1999(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 proce list. the charges represent the contractually agreed price for the service 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, cannt 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 intitled to the releif claimed or any relief.

So what should i do next?? does this all sound standard? I have read abit on your 'nudging' letters should i send 1 of these to DG with a list of charges?? the MSE list just showes dates and amounts and interest they are all for excess overdraft charges but it dosnt actualy state this, should i revise the list or will the standard MSE printout do? What stage am i actualy at, does this sound likei will be going to court or am i nearing the end of this ordeal and will be gettng a offer soon? i would appreciate any advice, thanks!!!!

[CuriousCat?]

They put up exactly the same defence against my claim. It must be their standard response. Don't worry, I had to do an AQ but D&G didn't get one in as the Court had since stopped doing them (to ease the pressure on the system probably) it's easier for you to not have to do one. You could look at the letter templates for requesting a DRAFT ORDER FOR DIRECTIONS from the Judge still though. I did, which was ignored, but it still might be worth trying.

I sent my first nudge letter last week, a month after I sent in my AQ in and got an offer 2 days later.... So nudging is good. And it makes you look good in the eyes of the judge, that you were attempting to resolve the matter if did get to court, which it very most probably won't.

And yes, if it were me I would sent each time you contact them, a summary of charges and if you haven't already, photocopies of bank statements showing charges.

 

I'm not an expert by any stretch but this has just been my experience so far. Please check with someone more in the know if anything is unclear.

[jim morrison]

Hiya cheers for that info:) ! Now this has been transfered to my local court am i just awaiting a court date?

I hear they make offers or settle once the court date is given?

[CuriousCat?]

Yes I think that that seems to be the case. The Court sent me (and D&G) a hearing date for today, 29/6 but it was actually meant to be 29/8! Their mistake. But it was enough to get an instant response from D&G in the form of an offer. You can definitely afford to start nudging as soon as though and it may come sooner than the court date....

[jim morrison]

That was a stroke of luck eh, al try and sort a letter out over the weekend, thanks for your help , i will keeps you posted!

[Castlebest]

Have been saying for months if the judges want to clear their courts just issue court dates and the offers will flow...

 

pete

[jim morrison]

Hello, can anyone help? were i can find nudging letter templates? i found them a few wks ago but cannot find it now? can anyone post a link to help?

Thanks

[freakyleaky]

First post of these 2 threads!

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[jim morrison]

Wow that was quick! thanks freakyleaky i will get onto nudging DG, lets hope it works!

Thanks again

[Dinkydoo]

Jim, don't hold your breath on the letter working. It does however strengthen your case if you have to go to court as it demonstrates that you have made every effort to resolve the issue without court action. Just keep it for future reference and good luck...like you will need it!!!lol

[freakyleaky]

Got to agree with dd on that one. The nudges are nothing but confirmation to the court that you have tried to resolve and dg have sat on their backsides and done nothing. The only thing that seems to prompt an offer is the apperance of the court bundle on dg's desk.

[Castlebest]

It strengthens your case full stop... you can demonstrate you have made reasonable attempts to settle your dispute which have been ignored, this puts DG in a very difficult situation if you get a chance to ask for their defence to be struck out.

 

pete

[jim morrison]

Thanks everyone, i have done my nudging letter & will send it recorded delivery tomorrow.

My charges breakdown is the standard MSE printout showing charges, dates and interest, will this do or do i need to photocopy all the bank statments prooving the charges are valid?

I would assume HSBC would have given DG a breakdown of charges wouldnt they???

[freakyleaky]

No don't send the mse breakdown! Use the spredsheet from this site. You will find it in the newcomers thread.

[freakyleaky]

Hsbc won't have given dg anything. Sorry got to go now but don't use the mse spreadsheet whatever you do. We have seen alot of problems with people using that.

[freakyleaky]

Spreadsheets

Newcomer? Here's A User Guide

[jim morrison]

Thanks i have already ripped open envelope to swap sheet! I am on the spredsheet now,Line 6 says 'schedule of claim for charges' is this just a title which i leave or do i need 2 delete this and type over? sorry if this sounds stupid, but ive had a long day and want this finished b4 i go to get some well deserved shut-eye (ZZZzzzZZZ).

Thanks

 

jim