valhala vs hsbc

[valhala]

Hi All,

 

 

This is now my third time in reclaiming bank charges. My first claim was successful in getting £200 back from nationwide. Last week I got just under £1000 back for my wife from HSBC, I was quite surprised that they settled before the case was filled on moneyclaim, it was a few hundred short of what she could have got but I feel in the present climate it was wise to accept.

 

Now my claim is for £4900 from HSBC. I am slightly worried this time as I did run my account extremely badly which resulted in HSBC closing my account and passing the debt onto Intrum Jusitia. I have an agreement of paying £100 back on a monthly basis.

 

I could have filled my claim on moneyclaim around 3 weeks ago but I thought I would give them a couple of extra weeks just in case they were going to make an offer, my last contact with HSBC was a letter threatening action if they did not pay back within 14 days, I did also say under "without prejudice" that if they were to pay me £3800 within the 14 days I would accept, basically I was willing to drop the interest.

 

Anyway I filled online on Sunday and just checked online and see they have acknowledged which means they have a further 28 days.

 

Anyway does anyone have any advice on getting it settled before court proceedings, I am willing to accept less if they make an offer within this 28 days, and now once I get their document I am thinking of writing to their legal team....is this advisable or still best to write to HSBC themselves....also if someone could point me to a template letter which could be used in this sort of situation I would be most grateful.

 

 

I will update this thread as things change..

 

 

cheers

 

 

cantosis

[Castlebest]

The before court action offers are a lottery,,, just depends whos claim they pull out of the pile so dont worry you didnt wait.

 

You have now filed your claim with the county courts so you will be dealing with DG Solicitors,,,, you wont hear anything from them at all untill they make an offer so dont worry.

 

You have / will get a notice of issue of your claim... it has a deemed served date on it, this is the date you count your 28 (calendar) days from. you will also get a notice of acknowledgement about a week after the notice of issue... send in copies of your schedule of claim to both DG and the court when you get this.

 

After midnight on your 28th day, if MCOL hasnt changed to defended hit the judgement button and ask fo judgment in your favour.

 

let us know how you get on

 

pete

[valhala]

Just one question regarding claiming back charges, when I won tha case for my wife one of the things I noticed in the letter was "we will not pay back some of the money that goes back longer then six years". I started her claim in March and at the time I wrote the letter I had included charges from 6 years ago march, obviously by the time it was settled it was June.

 

 

Is this just a tactic they use to pay less?. Basically can I claim back from the date I send the first letter even if its almost 3 months later that they try and pay up?

 

 

I am just asking as my claim goes back April 2001 so obviously that is over 6 years now even though my first letter was sent April 2007.

[Castlebest]

No there is a statute of limitations in place that limits your claim to 6 years from the date you file your claim with the court.... however it is possible to go past this limit, if you have a spare couple of days to do some reading do a search on Bong, she went back over the 6 year limit.

 

Ignore the contractual interest element though this has now had precedent set and isnt worth arguing... you wont get it.

 

pete

[valhala]

I recieved the acknoledgement of service letter from Northampton County Court today. HSBC intend to defend all of this claim(no surprise here then).

 

 

The solicitor is a "Kate Eaves" anyway this is dated 27th June 2007. what should I do now?

 

When I did my claim against nationwide I didn`t do anything and about 2 days before the 28 days was up they paid the funds back into my account. I have also done HSBC for my wife and they made an offer before I started court action.

 

Is it just a case of sitting tight for a couple of weeks now....any advice most appriciated.

[Castlebest]

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,

[valhala]

Ok Thanks for that.

 

 

I have seen quite a lot on recent threads about the list of charges and the fact you should write what each charge is for.

 

I used the tool on the Martin Lewis site which doesn`t have an option to put what the charge is for. since I didn`t have any overdraft on my account I am claiming from I was wondering if this is still ok?. I have used this calculater on my last two claims and I wasn`t asked for what the charge was for before. I just don`t feel like going through it all again as my charges came on statements fron HSBC.

[Castlebest]

Some Judges dont like the MSE schedule of charges because it doesnt realy have the detail necessary, they normaly ask for further and better particulars.

 

If your not claiming overdraft interest have a look at the CAG simple spread sheet or just carry on with what you have, it was fine for your local court twice before so no reason to think they wont like it the third time.

 

pete

[valhala]

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,

 

 

 

 

Got both documents through so posted both letters to DG and the court today .

 

 

I`ll probably wait a week then send a without Prejudice letter to DG offering them the chance to settle at a lower offer although if they dont im going right to the end to get the full amount. I already sent one without prejudice letter to HSBC willing to accept 1k less and they didnt even answer

[Castlebest]

DG are a practice of Solicitors they are not commercialy minded. They will check your shedule of charges and if its legaly correct they will pay you the full amount when they have no further legal options to delay payment.

 

They are not going to pay you early to save a few pounds they dont think like that.

 

pete

[valhala]

Just an update. My claim was issued on the 25th June, they acknowledged within days on the 27th June and since then they have not filled a defence. As far as I can work out I should have been able to do win by Default on midnight Sunday. It hasn`t worked then or today?

 

I must have my dates wrong, if the claim was issued on the 25th June and they Acknowledged on the 27th June when can I do the default?

[Castlebest]

Hiya Val, you had a notice of issue from the court (the first thing you got from them) it has a "deemed served" date noted on it, this is the date DG have 28 days from to file their defence.

 

pete

[valhala]

yeh the date on there is the 27th June

[Castlebest]

So they have untill the 26th July to file a defence.

 

pete

[valhala]

cheers, well i guess they will file a defence today or tomorrow. If they dont its not going to make much difference as I have read from here that courts always give them an extra 10 days. people getting paid out by default is rare?

[Castlebest]

Unfortunatly it is at defence stage

 

pete

[valhala]

Should have kept my mouth shut, justc checked and a defence has been added!.

 

 

So what should I do now, maybe get the court bundle going, or write to DG??

[jowalshy]

Wait for the notice of transfer from MCOL and then start nudging DG.

[valhala]

I have recieved the defence yesterday dated 27th July, because of the postal strike its been delayed . The A/Q has been dispensed and now my case is being transfered to Croydon Court.

 

I think I am going to be made redundant in the next few weeks so I would hope I might get a payout.

 

 

I have written to DG and have said I would accept 3500 instead of the £4998 I am claiming and I would also sign a document to say I wont make further claims(I know longer have an account with them so am not bothered).

 

 

I just want to get something really, I dont want to wait for the result of the test case.

 

 

Any other tips to help me along??

[Noddy73]

I know this does not sound great, but if you are made rudundant you could have a case for hardship and removing the stay would be easier.

 

Every cloud has a sliver lining

[valhala]

I have been busy with other stuff and this bank charge stuff has taken a back seat, I guess because of the Test Case I have nopt really been keeping up for a few weeks.

 

Anyway it has come to my attention that my case is due in Croydon Court on Tuesday. I did recieve a letter from DG saying they would be applying for a stay.

 

Anyway I have not got anything ready for this, will there be an automatic stay or do I need to still get ready for court, I have not prepared a bundle or anything yet

[Castlebest]

you should phone your court on Monday and see what they are expecting, if you have ignored any court directions in theory DG could ask for your claim to be struck out.

 

What did your court notification say you needed to provide?

 

pete

[valhala]

you should phone your court on Monday and see what they are expecting, if you have ignored any court directions in theory DG could ask for your claim to be struck out.

 

What did your court notification say you needed to provide?

 

pete

 

 

I am at work now but ill check later when I get home, I do remember it said the AQ was not needed but that is all I remember right now.