Steerpike v HSBC

[Steerpike]

Hi,

 

Just wanted to run my schedule past somebody. I noticed I have totalled it using a lot of "charges to......" figures rather than individual transactions. This was because of how the charges were presented on my statements. Does this look Ok before I present it with my MCOL?

 

total charges to 15/06/03 £54.00 07/07/2003 1,393 £16.55

total charges to 15/07/03 £18.00 06/08/2003 1,363 £5.40

total charges to 15/08/03 £72.00 15/08/2003 1,354 £21.44

total charges to 15/09/03 £54.00 07/10/2003 1,301 £15.45

total charges to 15/11/03 £72.00 07/12/2003 1,240 £19.64

total charges to 15/12/03 £30.00 06/01/2004 1,210 £7.98

total charges to 06/02/04 £54.00 06/02/2004 1,179 £14.00

total charges to 15/02/04 £18.00 08/03/2004 1,148 £4.55

total charges to 06/06/04 £72.00 06/06/2004 1,058 £16.76

total charges to 15/06/04 £36.00 07/07/2004 1,027 £8.13

total charges to 15/08/04 £17.00 06/09/2004 966 £3.61

total charges to 15/11/04 £18.00 07/12/2004 874 £3.46

total charges to 15/12/04 £60.00 06/01/2005 844 £11.14

total charges to 15/01/05 £80.00 06/02/2005 813 £14.31

total charges to 15/02/05 £11.00 09/03/2005 782 £1.89

total charges to 15/03/05 £60.00 06/04/2005 754 £9.95

total charges to 15/07/05 £20.00 06/08/2005 632 £2.78

total charges to 15/09/05 £20.00 07/10/2005 570 £2.51

total charges to 15/01/06 £25.00 06/02/2006 448 £2.46

total charges to 15/02/06 £125.00 09/03/2006 417 £11.46

total charges to 15/05/06 £125.00 06/06/2006 328 £9.01

total charges to 15/06/06 £125.00 07/06/2006 327 £8.99

total charges to 15/10/06 £125.00 06/11/2006 175 £4.81

total charges to 15/11/06 £100.00 07/12/2006 144 £3.16

total charges to 15/12/06 £100.00 06/01/2007 114 £2.50

 

£1,491.00 £221.95

 

£1,712.95

 

 

[givememymoney]

should be fine

[lateralus]

just for fun i'm going to pm you my particulars of claim as another example of how they are done.

[Steerpike]

oops! thanks.

 

 

total charges to 15/06/03 £54.00 07/07/2003 1,393 £16.55

total charges to 15/07/03 £18.00 06/08/2003 1,363 £5.40

total charges to 15/08/03 £72.00 15/08/2003 1,354 £21.44

total charges to 15/09/03 £54.00 07/10/2003 1,301 £15.45

total charges to 15/11/03 £72.00 07/12/2003 1,240 £19.64

total charges to 15/12/03 £30.00 06/01/2004 1,210 £7.98

total charges to 06/02/04 £54.00 06/02/2004 1,179 £14.00

total charges to 15/02/04 £18.00 08/03/2004 1,148 £4.55

total charges to 06/06/04 £72.00 06/06/2004 1,058 £16.76

total charges to 15/06/04 £36.00 07/07/2004 1,027 £8.13

total charges to 15/08/04 £17.00 06/09/2004 966 £3.61

total charges to 15/11/04 £18.00 07/12/2004 874 £3.46

total charges to 15/12/04 £60.00 06/01/2005 844 £11.14

total charges to 15/01/05 £80.00 06/02/2005 813 £14.31

total charges to 15/02/05 £11.00 09/03/2005 782 £1.89

total charges to 15/03/05 £60.00 06/04/2005 754 £9.95

total charges to 15/07/05 £20.00 06/08/2005 632 £2.78

total charges to 15/09/05 £20.00 07/10/2005 570 £2.51

total charges to 15/01/06 £25.00 06/02/2006 448 £2.46

total charges to 15/02/06 £125.00 09/03/2006 417 £11.46

total charges to 15/05/06 £125.00 06/06/2006 328 £9.01

total charges to 15/06/06 £125.00 07/06/2006 327 £8.99

total charges to 15/10/06 £125.00 06/11/2006 175 £4.81

total charges to 15/11/06 £100.00 07/12/2006 144 £3.16

total charges to 15/12/06 £100.00 06/01/2007 114 £2.50

 

£1,491.00 £221.95

 

£1,712.95

[givememymoney]

you actually need to go to your original post and press edit to remove your personal details

[lateralus]

steerpike - you need to stop starting threads for every question - it makes it impossible to help you properly. just keep to one thread, please.

[Steerpike]

Hi,

 

I'm at the final phase of entering my MCOL and am entering credit card details. BUT, I can't recall having added my schedule of charges. Although I did send this with the original Letter of Claim, I have noow updated it to include s69 interest at 8%. Should I re-send HSBC the new schedule which forms part of the claim or should I be attaching it electronically with the MCOL?

 

Thanks

[nettyg]

you will send a schedule of charges once you have filed your mcol. there is no provision to include them on the form. we usually say after you have filed, send a couple of copies to the court and a copy to dg once you have had your claim acknowledged.

 

good luck

[Steerpike]

ok thanks

[Steerpike]

sorry to be a pain - my claim has now gone through, and I've been allocated a claim no. Do I now wait for my claim to be acknowledged and then send the schedule or do I send it now? If so, how do I know which Court it has been allocated to. Thanks

[pinkduchess]

Steerpike - for now you are still dealing with Money Claim online address at Northampton - they need the charges statement to attach to your claim. Make sure you put your claim number on the sheet.

see letter templates below (courtesy of lateralus)

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:

 

 

 

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

DG's details will be on page 2 of the acknowl.

 

 

 

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,

[Steerpike]

Hi,

 

Used the simple spreadsheet to calculate s69 8% interest. Saved it on my hard drive and then entered my MCOL. However, I now need to send a schedule of charges x2 to MCOL but when I go back into the spreadsheet it has calculated more interest cos the formula goes on days since offence to TODAY's date - not the date I issued the claim. Sorry to be thick - how do I change to formula so it goes from the day of offence to the day I issued the claim (01.05.07)???

 

Thanks

[Spiceskull]

It depends what you want to do, but the easiest way is this:

 

In the "days since offence" column, the formula currently reads something like "=TODAY()-B2"

 

You need to enter a date at the top of your spreadsheet (such as Date Claim Raised) - and then in the "days since offence" column make the formula:

 

=$B$1-B2 (where $B$1 is the cell that you placed the date in...then copy/drag the formula all the way down...

 

Sorry - that all sounds scrappy - does it make sense?

[Tiffla]

Another way is to change the date on your PC.

 

Just double click on the time (bottom right hand corner of screen) and alter the date to when you first calculated the interes.

 

Don't forget to change it back though;)

[Steerpike]

thanks very much folks,

 

Ive re-calculated and now have (nearly!) the figure I entered as the total claim plus s69 on MCOL. However, a couple points.

 

1. I calculated the claim plus interest on 30/04/07 - but the date of issue is 02/05/07 - do I recalculate the 'days since offence' and therefore also the interest - in line with the new date?

 

2. Despite all the formula, figures and dates being identical, Excel is rounding fractionally differently from Works (where I first saved it) and therefore my schedule now reads £1713.01 instead of £1712.95 which was the originally claimed amount on MCOL - will this matter??

 

Thanks !

[jowalshy]

the answer to your question No 1. is no, you take the date of when you did the claim ie 30.04.07.

 

Question 2. I would adjust 6 interest figure, the early ones, and reduce them by 1p per transaction. This will then give you the same figure as your MCOL.

[Steerpike]

Help!!! sorry, now not only have I inexplicably lost 2p on my original claim, I realised I cocked on a date so the interest is less. I have already submitted my MCOL at £1713.29 plus 222.29 but it should have been £1712.91 and £221.91 interest. What should I do??

[oyster11]

Steer

 

I would not worry about my calc's were out DG pointed them out and based there offer on thier Calcs just ammend and ensure you figures are correct for any nudge letters you seny

 

It's all good no need to worry

 

 

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

Defended 26th March 07

PRT @ Cambridge 13th July 07

Start of May Full Offer:grin:

[Steerpike]

Hi,

 

I've now had my claim acknowledged by HSBC (via MCOL). The guide states I should send a schedule of charges to DG sols now. Is this right? Surely I should wait for them to make contact with me?

[jonni2bad]

We suggest in our own guide that once you start a claim, you should send a copy to the court and the other side.

 

One of the benefits of using the N1 claim for at your local county court - but don't get me started on that one!

[lateralus]

in watching this forum for about eleven months now - we noticed that dg never makes an offer but what they don't first ask for a breakdown - it's a one week delay gimme - so we beat them to it and send one

[Steerpike]

Hi,

 

My MCOL dates from 06/05/06. 28 Days expired and I'd heard nothing - not even a reply from DG sols. I went online today expecting the best and it says simply "Defence" with a date of 01/05/07. It also says my claim will be transferred to a local Court. How can this be when I havent even received the Defence in the post????

[jowalshy]

You will receive the defence with the notice of transfer from MCOL. This usually states that the AQ has been dispensed with, but it is up to your local court. Once your claim has been transfered, start doing some polite nudges to DG. Also if you haven't heard from your loacl court in a week or so, give them a ring and ask:-

 

1. what is happening with your claim

2. Will an AQ be required

3. If no AQ, will the fee still be payable.

[gemiali]

Sterepike, i am in the same position as you! Called the court yday as hadnt heard a thing either and they had heard off DG just on the cut-off day but hadn't bothered to let me know they were taking me to court. I am also being transfered to the local court..apparently!??! Hmm, fantastic communication hey:roll:

[DietCoke]

was you checking MCOL daily? I mean did it change to defended today dated the 1st or did it change on the 1st but you hadnt checked?