IzzyK vs HSBC

[IzzyK]

Hi, just filled my claim against HSBC and now researching so I am prepared for court! I sent prelim request and got standard response "will get back to you at some point..." so sent LBA but no response. Now completed N1 and sent off with schedule today but only sent 1 copy, is this going to be a problem? should I forward another copy??

 

Also reading up on this site should I be communicating my actions with HSBC or does this come later if they defend? Sorry just a bit confused with all the info at this stage.

[lateralus]

now that you've filed your claim - hsbc is gone - you are dealing with dg solicitors now. i've only just realised you should file 3 copies of the claim and 3 copies of your schedule of charges - so i'd send the extra copies and ask that they be attached to your claim - give them the claim number if you have it yet.

 

we normally advise you send a copy of your schedule of charges to dg once you receive the notice of acknowledgment - their address will be on page 2 where they tick the box that they intend to defend the claim.

 

that's about all you can do during this 28 days - at the end of the 28 days you will get a copy of their defence and the courts will tell you what they want next - you can read up on this part by reading others threads and also - the 2 aq links in my signature.

 

welcome to the forum

[IzzyK]

Thanks, just gone in post today so I will follow up tomorrow.

 

Finding the threads really useful, thanks for your input as feeling a little worried about it at this stage!

[chunkylinc]

Everyone usually feels a little worried at this stage Izzy, it's to be expected. However there's loads of people on here with great experience and advice, so stick with it, and try not to worry.

[IzzyK]

Thanks- going for it now so will cerainly follow through. Just reading other threads now, I originally sent my schedule to HSBC with detail of charges as "charges" as they appeared on my statements but some other responses said I should explain these when filing a claim in court. I am assuming they were for exceeding an overdraft so then put this on the schedule sent to the courts - am a bit wary now whether I should have changed this?

[lateralus]

you might like to look at this:Did You Start With Mse???

[IzzyK]

No, i'm sure I read on this site a while back just to put in what was detailed on my statements but then later I read somewhere else I need more detail? Thanks for the info too.

[lateralus]

no, the need for more detail only means to put in more than just "charges" - so they really should be exactly as they appear on your statements.

 

can you quickly redo your schedule of charges to read exactly that way and make all other details exactly as they appear on your schedule - then just do three copies - send two to the court to be attached to your claim at the top of it call it: Schedule of Charges (with charge descriptions)

 

 

 

these are the names you should be using:Charges description on statements - Please Read

 

 

 

i think you'll be fine doing it as i've outlined above and then follow this:

 

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

i realise you did the n1 but just follow this instruction and i think you'll be fine - just address this first letter to the court where you filed your claim.

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[IzzyK]

That's great, answered all my next questions on next steps aswell, there's so much info on here I don't want to make a mistake!

My statements to, however just say charges? Requested summary originally but they just sent a wad of statements. I did claim interest but the advanced excel calculated this to be minimal due to the dates applied and my balance at that time (i did read this could happen) is this ok to claim? Is only £13.84 even though interest applied was a total of £98. When I filed my claim I calculated the 8% contractual which looked fine at@ £250 for £1700 claim. Sorry for the long reply but does this sound ok? I sent a further 2 copies of schedule today to go with my N1 claim as I omitted these by mistake. How long does it normally take from here to get a response? Thanks again for all your help.

[lateralus]

the calculations all sound fine.

did you get your statements on-line - because if you did - when looking at them - if you click on the charges - it tells you what it is for

if you had paper statements - that would be the very first time i've heard of them just saying charges.

[IzzyK]

Got paper copies, just going to re check! Prob made a mistake.

[IzzyK]

aaaggh, they are "total charges". What should I do? resend?

[lateralus]

i'd do as i said in post 8 - calling it:Schedule of Charges (with charge descriptions) if you don't change anything else - just those descriptions - then i don't think it should be seen as amending anything - you are just asking it to be attached.

[IzzyK]

Thanks will do tomorrow.

[IzzyK]

Sorry one other thing that has been bugging me. Can HSBC put any defults on me for claiming this? I now have no overdraft and finances now in control, opened a parachute account in case they close this one but worried how this may affect me in the future - sorry if this is really stupid question.

[freakyleaky]

Well as I understand it a default is only applied when you fail to do something that you are contractually obliged to do. So I don't think they can default you for claiming against them!

[IzzyK]

Thanks freaky! Don't think I have as I should know about it surely? Really appreciate all the help on this site. Thanks again:)

[lateralus]

bet you wouldn't know - try experian - they are running a free 30 day trial - you can see your credit report for free. you'd never see it unless you ask and you'll probably be shocked.

 

Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert

[IzzyK]

Thanks for that. Just thought I'd post in case anyone else does the same (probably not!!)- I had my claim returned by the court as I didn't put my title in my personal details and also that the defendent was a plc. Got to resend!

[lateralus]

if you had posted a earlier - i'd have put you onto this thread;

Getting MCOL Right it's a step by step.

 

anyway - you should have your schedule of charges done properly now - so - just get everything right from here on - you'll be fine

[IzzyK]

I think everything is in order now and I wish i'd posted sooner, the help is so valuable. Thank you.

[IzzyK]

hi haven't posted for a while as just waiting since putting in amended claim as requested by the court. They would have received this 2nd July 2007 but still no response. Is this normal and should I be following up?

[lateralus]

i think ring the court to make sure the Schedule of Charges (with charge descriptions) was received an is ok - and then i'd send a copy to dg with a nudge letter explaining that you have expanded on the charges by adding a charge description and would they add this to your claim, please and maybe they would like to save everyone time by refunding your charges at this point - more ideas for the letter in post 1 of the 2 aq threads in my signature.When you have filed your AQ................

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

[IzzyK]

Hey do you ever have a day off??!! Thanks for that, I had to resend N1 so that included all amendments. Should I go ahead with nudge if court confirm receipt of claim but no date in writing?

[lateralus]

sure - it gives you a chance to make contact and send them the updated stuff and maybe even bounce your claim up the stack a bit.

i'm off now - good night!

 

everytime i see your thread i think of the big hawaiian guy singing somewhere over the rainbow with his ukelele!