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Whiz_bit vs HSBC **WON**


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Hi people,

 

I am just going through the money claim website and have a couple of questions about the claim. Hope someone can point me in the right direction.

 

1. Which address do I use, I am assuming the branch will do?

 

2. Can I claim any extra charges since the letters I sent them or do need to imform them first?

 

3. Lastly in the Particulars of Claim how much information do I need to put in there, just that I am claiming my bank charges or do they want more detail?

 

Any help much appreciated

 

Whiz_bit

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I am trying to fill out the particulars of claim on the money claim website and I am getting stuck, I just can't quite get it to fit.

 

I have :

 

The Claimant has 2 accounts XXXXXXXX /

XXXXXXXX with the Defendant,which was

opened in 1994 and 2000.During the period

in which the Account has been operating the

Defendant debited numerous charges to the

Account in respect of purported breaches of

contract on the part of the Claimant and

also charged interest on the charges once

applied.Claimant contends that:a)The

charges debited to the Account are punitive

in nature;are not a genuine pre-estimate

of cost incurred by the Defendant; exceed

any alleged actual loss to the Defendant in

respect of any breaches of contract on the

part of the Claimant.b)The contractual

provision that permits the Defendant to

levy such charges is unenforceable by

virtue of the Unfair Contract Terms in

Consumer Contracts Regulations (1999),the

Unfair Contract Terms Act 1977 and the

common law. Accordingly the Claimant

Claims:a)the return of the amounts debited

in respect of charges in the sum of

£3490.03 including any interest charged

thereon;b)Court costs.

 

Which is one line too many :-x

 

Can you people pass you experienced eyes over it and tell me whether it is correct and how I can get this elusive line?

 

Also I have not added the 8% interest yet where does that get added?

 

As always any help much appreciated.

 

Whiz_bit

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I got a letter from the bank today....

 

 

Thank you for your letter dated 21 August 2006 (my get stuffed I do not accept your offer letter) requesting a refund of your bank charges.

 

Blah blah about T&C's of account and they would be able to resist any legal challenge.

 

We are going to offer you £3295.

 

 

Which isn't bad since I was asking for £3295 plus £124.99 in interest, so I think I will let them off the interest, I didn't even file my MCOL I was going to do that tomorrow.

 

Whiz_bit

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