jade vs HSBC

[TaylorMade]

Hi Jade - I've just spotted your thread and you are a little ahead of me (OK - quite a bit ahead )

 

Good luck with your claim, and I hope you don't mind me looking over your shoulder.

[thunderpuss2k]

Hi Jade

 

Are you using Moneyclaim to issue your claim? If so, here's the info you'll need:

 

Claimant details:

 

Type of claimant: Individual

Surname, Forename: self explanatory

Organisations Name: leave blank

Address details: Your address

Service address: leave this blank under most circumstances

 

Defendant details:

 

Type of defendant: Organisation

Surname, Forename: leave blank

Organisation Name: HSBC Bank plc

 

Address details: HSBC, 8 Canada Square, London E14 5HQ

 

Particulars of Claim: (change the stuff in red)

 

I had/have a bank account with HSBC (SORT CODE/ACCOUNT NUMBER) conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in way of charges between (MONTH/YEAR OF FIRST CHARGE) and (MONTH/YEAR OF LAST CHARGE), total £(TOTAL). These charges are a disproportionate penalty and therefore unenforcable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s4 and under the Unfair Terms in Consumer

Contracts Regulations 1999 para 8 and sch2(1)e. In the event the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I also claim interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (DATE OF FIRST CHARGE) to (DATE OF YOUR CLAIM) of £(TOTAL INTEREST FIGURE FROM YOUR SPREADSHEET) and also interest at the same rate up to the

date of judgement or earlier payment at a daily rate of £(TOTAL CHARGES FIGURE FROM YOUR SPREADSHEET MULTIPLIED BY 0.00022)

 

 

Does or will your claim include any issues under the Human Rights Act 1998?

NO

 

Do you want to reserve the right to claim interest?

YES

 

 

 

Amount claimed: TOTAL CHARGES + INTEREST FIGURE FROM YOUR SPREADSHEET

 

 

 

Court fee: (hit calculate)

 

 

 

Solicitor's costs: LEAVE BLANK

 

Total amount: (hit calculate)

 

Statement of truth:

 

 

 

I am the claimant, etc

 

 

 

Signed: (Your initials and surname)

[homershairdo]

Hi Jade,

 

Unless Mr Postman has brought me a nice settlement letter through the post I'll be raising my MCOL today as well! Good Luck - I'll hold your hand if you hold mine!!

[thunderpuss2k]

 

Me too.. if the postman would deliver before 11am then I could get the MCOL done now and issued today, but hey ho. Maybe I should sue Royal Mail for crap service?

[homershairdo]

Maybe we could start our own action group for that......!

[thunderpuss2k]

I've started a petition to close down my local sub post office, in response to the sub postmasters one to save it. Does that count?

[jadebarton]

wow thank you thunderpuss that really helps.

just a note on the statement of truth thing. what do i put. I am the claimant... jade is that it?? or is there a specific text for that bit??

 

thanks again for helping make it clearer.

 

 

Jade

[homershairdo]

Yes. Yes it does! we could be on to a winner here!

[thunderpuss2k]

wow thank you thunderpuss that really helps.

just a note on the statement of truth thing. what do i put. I am the claimant... jade is that it?? or is there a specific text for that bit??

 

thanks again for helping make it clearer.

 

 

Jade

 

No worries. It's a radio button thingy where you can select either you're the claimant or the claimants solicitor. Just click on 'I'm the claimant' circle button thingy and then in the box where it asks you to sign put your initials and surname. Simple as

[jadebarton]

mwah. thank you. youve helped make it so clear... maybe you could past your transcript thing on a moneyclaim thread??? it will really help others.

 

another questions... im about to fill out the spreadsheet for 8% interest and for some reason it says you need to know your actually balance at the point of each charge. i dont get this as the spreadsheet doesnt look like you need to know this info. just the date of the charge in order to calculate the days since charge. anyone done the spreadsheet for money claim and got their head around it. figures is not my favourite subject

 

thanks

 

jade

[thunderpuss2k]

another questions... im about to fill out the spreadsheet for 8% interest and for some reason it says you need to know your actually balance at the point of each charge

 

Depends what spreadsheet you're using. The one I've got just asks for item, date, amount - then it calculates the interest and days since charge automagically.

 

I used the one here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

[jadebarton]

hi there, another fiddly bit in spreadsheet you have to put what the charge is. but although most are written clearly referal etc there are some at the end of month or when ever that just have a date next to it. how do i input these into the spreadsheet. they are obviously saying its a charge for going overdrawn or something on the date they have specified. any ideas.

 

Also ive noticed that the court costs are £80.00 is there anyway on moneyclaim site where you can get these reduced? Im only working part time and paying one of these £80.00 will wipe me out let alone two( at same point with natwest as well)

 

thank

 

jade

[jadebarton]

Elaboration on last post. ..... alot of my charges are at the end of the month and state " total charges to 16 jun 02" and there are alot of these. so they probably represent going overdrawn/overlimit but they dont state defintely what they are for so should i just put total charge etc in the " in respect of" column??

 

thanks

jade

[jadebarton]

just wanted to check a couple of things before i file my moneyclaim.

you apparently have to list charges. mine are all down as total charges for going over overdraft. so when you are to explain the charge is that explanation enough as its very non descript.??

also can you get a reduced court charges on moneyclaim as £80.00 is alot of money to pay out. can someone whose been there give me an answer please so i can proceed.

 

thanks

Jade

[thunderpuss2k]

Hi Jade,

 

When you wrote your preliminary letter and letter before action, did you attach a spreadsheet? If so, what did it contain? Your charge descriptions are very non-descript as you said, within your statements you should see inidividual figures that make up that 'charges to xxx date'. You'll need to use those, as opposed to the total charges each month.

[jadebarton]

hi there thunderpuss. thats the thing the "total Charges 16 jun £72.00"type thing is additional to say the charges for unpaid DD/SO. so thats why im unsure. I did send them breakdown of charges with prelim but at that time hadnt seen the spreadsheet and so just put the charge and the date. this is why i am unsure of what to put in regards to the charges when it comes to moneyclaim

 

 

please help.

 

 

thanks

 

jade

[sar011279]

Just type in total charges, date and amount. That's what I did and they've paid me. They are charges for going overdrawn with no OD or over your overdraft, they will range from £25 -£125 and definately are claimable. I know that you can get help with court costs if you are in receipt of certain benefits, don't think you can do this online though, you may need to go to county court and fill in form N1.

Good luck!!

[jadebarton]

hi there everyone, my question is now is it still ok to put a claim in.?

The LBA deadline for both this bank AND natwest was 25th July. I will now have money on Tuesday 8th August in order to pay £80.00 court costs fee online. Is this still ok? I know i was meant to do it straight away but financially i couldnt.

 

just hope that it still counts.

 

look forward to hearing from you.

 

 

Jade

[thunderpuss2k]

8th is fine. Have you got all your figures in order and ready for making the claim?

[angela1606]

it still counts if anything it will look good for the courts that you gave them extra time to comply

[jadebarton]

oooh thanks angela thats great.

 

another question. ive just applied for a parachute account with coop bank.

why is it they treated me like a full account type customer wanted all financial details etc and work details and said they would do a credit check?? Which because of my difficulties and charges with credit cards i will have a bad credit rating. meaning i wont even be entitled to a basic account. why is this.

anyone else had any problems.

 

i applied for one with barclays originally and for their basic account it was just a simple form with hardly any financial details at all. though if they run their account like they do when you try to open one...well.

 

i applied for it. a month and a half later after sending all relevant details and filling in all forms. i still hadnt had a card or no or anything i phoned them and they said they had no recollection of me applyng for the account. wasnt until i sent photocopies of every correspondence they had sent me to them that they then apologised and sent me account details... now im waiting for the card two weeks after that.

its terrible. if natwest (my main account now who im chasing for charges also) had closed my account already i would have been in deep trouble.

 

 

sigh... rant over.... any suggestions of banks to apply for that dont want your whole entire history etc. and can just give you an account.?????

 

 

 

Jade

[jadebarton]

QUESTION: The spreadsheet you use to work out interest. do you attach / cut and past into that little box on moneyclaim. is that correct. also when i try to calculate interest with the 0.00022 figure it comes up with a long number do i enter the whole long number it produces??

also the spreadsheet has a long example of figures etc if i delete these will it still calculate correctly?? I hate spreadsheets. or excel to be precise

 

 

thanks

 

hope to get it done today.

 

 

jade

[thunderpuss2k]

No you don't cut and paste it in to the little box, it wouldn't fit anyway

[jadebarton]

oooh that was useful answer. .. wheres your scales how do i list the individual charges then i keep hearing you have to do?

 

jade

[thunderpuss2k]

Sorry, got cut short by an emergency trip to feed someones cat

 

Will post properly after I've had some food and stuff, back in a bit