jade vs HSBC

[thunderpuss2k]

Right then.

 

You know that post I made a while back with what you should put in your 'particulars of claim'? That's what needs to go in the box.

 

The purpose of your spreadsheet is to detail every single charge transaction, the date it occured, how much it was for, and then it'll automatically work out the days since the money was debited and how much interest at 8% you're owed under the County Courts Act.

 

also the spreadsheet has a long example of figures etc if i delete these will it still calculate correctly??

 

You shouldn't have had these in there in the first place Lets go back a few steps here.. what did you send with your preliminary letter and LBA? It should have been a copy of said spreadsheet. The total interest you're claiming is the total of the interest column between the date of the first charge and the date you put the claim in, then a daily rate of whatever your claim is (not including the court fees and the interest!) multiplied by 0.00022. Round that up or down to something sensible so you have xx pence or xx.xx pounds, and that goes into the bit about interest at the end.

 

I think that should help. Hopefully! Been a long day so sorry if it's not too clear - but just shout if you need it explained a bit more.

[jadebarton]

thats ok ive done everything else on moneyclaim jut wanted to be sure that i didnt have to include the list of every charge in the actual online claim. With prelims just sent a list of charges and dates... you dont include the spreadsheet in prilims as the 8% interest only gets added if you are going to make a claim for non payment.

 

ok il go with what i got and hit the claim button....shake shake...... "been a long day" i hear on that one

[jadebarton]

the rate of interest x 0.00022 =0.0342254 how am i supposed to put this in there. 34p??

 

??????

[jadebarton]

just done it all and ready to hit submit and when i do it keeps going back to the page saying statment is not alowed the following character &" which i can not see that ive used anywhere after reading it about ten times. anyone experienced this?? is it an omen that i should not proceed.... HELP!!!!

[andyinlondon]

No it is total claim without interest X 0.00022 = the daily rate for the 8% you will be claiming untill settlement

[andyinlondon]

copy and paste it on here without any personal details

[jadebarton]

Hi andy, i dont get it.

the spreadsheet works out the interest you add yes. in my case 155.57. so i add that to the claim particulars and then i state..blah blah also at the same rate up to the date pf judegement. at a daily rate of someone who advised me how to fill it in as put £( total interest figure from spreadsheet multiplied by 0.00222) no?? is that not correct?

 

so obviously ive add the 155.57 as back interest into claim box and then for the additional interest ive taken this figure and multiplied it as stated. is this wrong..... me getting a headache.

[jadebarton]

I had a bank account with HSBC xxxxxxx

conducted on their standard terms and

conditions.I am claiming return of money

taken by the defendant in way of charges

between Feb 2002 and April 2003, total

£510.

These charges are a disproportionate

penalty

and therefore unenforcable as they are

contrary to a 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 para8 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 7/2/02 until 8 august

2006 of £155.57 and also interest at the

same rate up to the date of judgement or

earlier payment at a daily rate of £0.34.

 

 

here is whats in there. maybe im tired but i cant see where ive used the wrong character and its within character limit. help

[thunderpuss2k]

the rate of interest x 0.00022 =0.0342254 how am i supposed to put this in there. 34p??

 

??????

There's four figures you need to work out for your claim.

 

[1] Total of all your bank charges.

[2] Interest at 8% from the date they began to today on 1. (your spreadsheet should have worked that out).

[3] Court fee

[4] Daily interest rate

 

The total claim amount is [1]+[2]. Put that on your particulars of claim. Then the interest [4] is [1] x 0.00022. If it's come out at 0.0342254 then [4] is 3.42p a day, but round it down for simplicity. [edit: I can't count this evening, have fixed it now!]

 

The grand total will work itself out automatically as [1]+[2]+[3]. [4] isn't included in the claim itself as it will increase day by day, and thus won't be a fixed claim. That causes untold trouble, and confuses the hell out of Court staff (especially if you work in Brentford County Court, where I had the pleasure of being today sorting something else out).

[andyinlondon]

it should be the total claim without interest X 0.00022 to get the daily rate.

 

this is what 8% interest a year would earn at a daily rate.

so you want to get that interest on your total claim not on the 8% (155.57) you are also claiming.

[jadebarton]

thanks for that. everything done and ive taken the chrages without interest and multiplied them gave me 0.1122 so is that 11p per day then??

[thunderpuss2k]

Tidy up the formatting, and pull it all together so it looks like one whole paragraph. The site is particularly fussy about number of lines as well. Also I've shortened your claim slightly, see below..

 

I had a bank account with HSBC xxxxxxx conducted on their standard terms and conditions.I am claiming return of money taken by the defendant in way of charges between Feb 02 and Apr 03, total £510.

These charges are a disproportionate penalty and therefore unenforcable as they are contrary to a 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 para8 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 7/2/02 until 8/8/06 of £155.57 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 11p

[thunderpuss2k]

thanks for that. everything done and ive taken the charges without interest and multiplied them gave me 0.1122 so is that 11p per day then??

 

Yep.

[andyinlondon]

Tidy up the formatting, and pull it all together so it looks like one whole paragraph. The site is particularly fussy about number of lines as well. Also I've shortened your claim slightly, see below..

 

looks good

[thunderpuss2k]

"been a long day" i hear on that one

 

It's only Tuesday, but feels like Friday.. which means tomorrow will feel like Monday, and so it goes on!

[jadebarton]

aww but youve done a good deed so should be a good end to your day mwah thank you. lets see if this works

i know but tomorrow is wednesday.... half way point and all that yeehee...ive had a day from hell ... doing all the work whilst others swan around ...grrrrr.!! but tomorrow i wont let it get to me

[jadebarton]

wooohooo my first claim of many down, completed...almost.... can someone please direct me where to look for what to do next??

 

oh and do i put my claim no on the site somewhere dont i??

 

 

jade ;-) ;-)

[thunderpuss2k]

wooohooo my first claim of many down, completed...almost.... can someone please direct me where to look for what to do next??

 

oh and do i put my claim no on the site somewhere dont i??

 

 

jade ;-) ;-)

 

Here's what happens next.

 

MCOL will issue your claim from Northampton County Court, if all goes according to plan, tomorrow morning. They'll post it, and then five days later it'll be 'deemed to be served' - ie the defendent would have received it. It's supposed to be less than that (it's actually set down in black and white), but MCOL can't count apparently. No really.

 

Once that five days is up, they have 14 days to file either a defence, or an acknowledgement of service. That AOS gives them a further 14 days before they have to enter a defence. Whatever happens, the maximum time they have is 28 days from the date of service to file a defence.

 

Hopefully by that time you'll get a letter from DG Solicitors offering you the full amount in return for your silence forever more. Tell them to sod off on the confidentiality (unless you want to take it), and if the offer is right take it. Then you should contact MCOL and withdraw the claim (assuming you've got your money and it's cleared).

 

That's the gist of it..

[thunderpuss2k]

PS: and to get your claim listed (you don't have to, but it's nice to see it up in lights so to speak) on the site, just PM a moderator.

[jadebarton]

hi all, just an update and yes another question. I have just looked and the claim has been issued.

 

Secondly. problem:............... ive just been offered a new flat. yippppeeee. but i am wondering how that would interfere with my claim. as the move might be quite quick. Will this be problematic?? How do i change the address on my claim. will i have to make a whole new one??

 

and future claims too. will it matter that im not at the same addressthat i was in when i had account etcc... just thought id better check.

cheers

 

 

Jade

[thunderpuss2k]

It's not too difficult to change the service address with Moneyclaim, just give them a call. Then call them again 24 hours later just in case they forgot to do it. Also might be worth calling 3-4 days later to make sure they remembered what you said about reminding them when you called the second time. They can be a bit forgetful sometimes, from previous experience.

 

Also I'd recommend Royal Mail redirection. Takes a little while to get going, but worth having - plus not hugely expensive.

[jadebarton]

cool thats fantastic, obviously im not sure when i will be moving as yet. so that wont interfere with any claims or further claims.?

 

i will defo look up the royal mail thing as well... so exciting

[HSBCrusher]

so exciting

 

the claim or the move?

[jadebarton]

BOTH... plus the claim will help me pay for new stuff for new place. yeehhheeee

!!!

[jadebarton]

ive just found out that my claim has been acknowledged by HSBC and they now have until 11th September to reply. What does that mean? thats bad is it not?

 

Anyone else had this? Please help.