Jump to content


lancasterchelsea

Lancasterchelsea v. HSBC business 1996/1997 contractual ????? help needed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4520 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I had a Midland bank account from June 1996 to Nov 1997

( I also had another Midland bank account from Nov 1997 to March 2000...... I will claim this separately, later)

 

I have used Mindzai compounded spreadsheet and get....£395 charges,£849 in interest including componded at 11.75% interest

 

2 major questions.............

 

1) the account closed in March 2000, and the overdraft was transfered to another Midland business account..... do I continue to claim compounded interest from March 2000 to now... if not, do I set "today's date" as the date the account closed

 

2) Is compounded interest likely to be allowed, or am I better settling for interest charged plus 8% when we get to MCOL stage


KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

Share this post


Link to post
Share on other sites

sometimes claims can get a bit tricky if you go down the contractual interest route. if you claim contractual interest you cannot then claim for the statutory interest at 8%. The decision is entirely yours. If your account was closed, I think that you can only claim interest up to the date it closed. This is because you were not accruing any further interest after the date the account was closed. But then again I may be wrong on that count.


[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

Share this post


Link to post
Share on other sites

Jolwalshy.... thanks very much for your reply

I am happy to take a bold shot at this because it is the smaller of 2 claims to HSBC. If I get it all wrong, I will moderate the second claim

Also I suspect it won't get to court and the worst that can happen is I'll end up with something similar to the 8% route anyway

I have already made some successful claims, and have been in court with Sh*ttybank, so I am note too worried at making a case in court, if it gets that far. On the point about closed account/ no interest, it was eventually transfered to Metropolitan (in-house HSBC)/DG Solicitors and is almost paid off, but it resulted in my not being able to pay off overdrafts/credit cards with other banks (consequential losses ???)

I'll give it a shot and see what happens

thanks again for your help


KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

Share this post


Link to post
Share on other sites

Sent first letter... claiming contractual compounded from beginning to present day


KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

Share this post


Link to post
Share on other sites

After first letter got reply from .....HSBC

 

Dear ...... I refer to..... I see that you are requesting refund of charges that go back more than 6 years.... Limitations Act 1980 places 6-year time limit etc. Therefore items that predate 27th June 2001 are time barred under this act........... David J Hoyer Commercial Manager

 

Obviously I will reply re deception etc etc......... is there a template letter fot this purpose thanks


KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

Share this post


Link to post
Share on other sites

replied to HSBC re Limitations Act......... (pinched from Bong.... god bless her)

I refer to your letter of 4th July

You say in your letter that HSBC will not consider any claim over 6 years old given that it is time barred under the LimitationsAct 1980. This assumes of course that a Court would dismiss my claim under S.32 (1) (b) LA 1980 that HSBC has knowingly concealed the unlawful nature of its charges from its customers.

I am sure that the court will give careful consideration to my argument that HSBC has concealed from me since June 1996 that the charges it imposed on my account were unlawful.

I will refer to this point and expand on my argument in my letter before action which I will send to the bank on 11th July

Yours sincerely


KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...