HSBC Reject Claim, What now?

[repro]

I am claiming over £8,000 from HSBC, I have just had there letter saying that they will not be paying up, can anyone tell me what I should do now?

 

Many Thanks!

[freakyleaky]

Hi repro, we will need ot know what you have done so far in order to help. Can you give us details of actions so far and dates and so on. I presume you have another thread going somewhere? If so just post this question on there and we can see your progress up to now.

[repro]

26/02/07 - Sent letter requesting statement

14/04/07 - Received statement

16/04/07 - Sent letter requesting charges & Interest to be refunded

07/07/07 - Letter from HSBC saying no refund charges are lawfull

[jowalshy]

You will now need to send your letter before action giving them 14 days to comply. If they don't comply within 14 days, then go down the court route. You can either file on line at the MCOL site or complete a form N1 and pop it along to your local county court. there is help on both of these aswell as a template for the letter before action in the bank templates library.

[jowalshy]

Letter beofre action link:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

MCOL help link:-

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

N1 help link:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

I hope this helps. If you have any further questions, just ask.

[repro]

Many thanks for the help!

 

Will this be a small claims matter as over £8K?

 

Regards

 

Repro

[lateralus]

you can still do the court claim - i'm thinking you may be adding all those interest debits off your statements and that is incorrect. don't worry if totals are different when you do it properly - you can change them up to the court stage - but you need to be sending them a list of charges with the two letters requesting a refund.

i'm going to put a link on here for you to read very carefully before you send another letter - let's make sure you are doing things correctly.

it is post 26 on this thread:honeygie v HSBC *****WON*****

 

also, all the steps for you claim are in my signature in the newcomer thread.

 

but please read the honeygie post 26 and follow the directions there to get the correct amounts to reclaim

 

it is easy to rectify things now - after you file it becomes so much more complicated to change anything - so let's get it right from this point.

[JOSH_IOU]

The game of play is to take you right up to the court date.

 

It is possible you will get settlements before hand.

 

Take into count your current financial situation before you decline or accept offers.

[repro]

The letter before action letter refers to the bank not responding, my bank has responded but stating that they are not willing to pay anything. Should I go straight for court or is there another letter I should send?

[lateralus]

they didn't offer you the full amount back did they -

you send the prelim, then the lba and then file the claim - no deviations from this - you can say they haven't responded positively -

[repro]

I don't understand? What is the prelim? the lba I thought was the letter which states that they have not responded, which they have? And what form do I need for the claim?

 

Many thanks for your help in this

[lateralus]

just to clarify - you sent a letter on 16/4 asking for your charges to be refunded - (you didn't follow the plan - you just waited for hsbc to get back and they finally did and said - go away!)

the letter you sent was a preliminary request for the charges - you should have waited 14 days and sent another letter - the letter before action - so as 14 days have passed (and a whole lot more - but never mind!) now you send the lba saying that they have 14 days to pay you the charges or you will be filing a court claim:3. Letter before action - Consumer version - asking for it back just copy out this letter and send it to them -

then in 14 days you can file your court claim.

 

before you send that lba..... let's make sure the interest is correct. you can not just add the interest debits on and make that a part of your claim - if you are claiming the overdraft interest ("Interest - DR" on your statements) you must do the advanced spreadsheet to calculate which portion of each interest debit is reclaimable. so, before you send your letter - let's get this right - put you charges on the advanced spreadsheet - charges to the left - interest to the right and it will give you how much you are reclaiming at the bottom.

 

this spreadsheet makes the perfect schedule of charges to send with your letter.

 

- one further bit - we don't ask for the interest of 8% until you file your claim with the court - so don't even ask for it - the only interest you may be claiming at the point of this letter is overdraft interest figured on the advanced s/s

 

once you've done the spreadsheet on the charges and interest tab - you can then do it again on the 8% tab and it will calculate how much you can ask for in interest once you file your claim - but not on this letter.

so if you do the 8% interest tab - just fold back or cover over that column when you send your shedule of charges with this lba you are about to send. it is ok if the totals are different from the first letter you sent - but by the time you do your court claim - you can't change them anymore - so get it right now.

 

if you are still having problems with the overdraft interest - suggest you read the thread i put earlier :honeygie v HSBC *****WON*****

as it is a bit of a step by step for the advanced spreadsheet.

 

 

 

so, get the charges on a spreadsheet and send the lba as soon as you can - then wait 14 days and then file your claim.

[repro]

Mant Thanks I will send the lba again.

[freakyleaky]

Again? Have you sent an LBA already?

[repro]

Yes I did send the lba.

[freakyleaky]

Ok I see where the confusion has come in. In your original letter it looks like you have asked for the total of the o/d interest and you can't do that. Follow lats advice and get the advanced spreadsheet up to work out the o/d interest.

Then send the letter before action with the correct figures in. Just shout if you need help. No matter how daft you think the questions are just ask! You need to get it right from now on.

[traceybird]

Good luck to ya Repro! I too, was refused by HSBC for my large claim of £9922, don't think they like paying out the larger ones! I'm going down the FO route tho.

[repro]

One thing that confuses me is that I am sending out a letter (lba) which clearly states that they have not responded but they have responded, so why would this be on the letter?

[pinkduchess]

not everyone gets a response. change it to read as i have not had a satisfactory response

 

is this what you mean?

[repro]

Yes, thanks!

[repro]

Hi All,

 

Is there any companies that can do all of this for you for a cut?

[Celicaman]

Hi All,

 

Is there any companies that can do all of this for you for a cut?

 

Yes there are, but why go down that path, there is plenty of peeps on here to help you.

You will pick it up, theres a bit to learn, just make sure you keep posting & asking questions, you will get there, we were all the same as you are in the beginning.

 

Celicaman

[repro]

Where has all the postings gone for this link?

[repro]

Do you have a link to the advanced spreadsheet please?

[pinkduchess]

6. Interest calculation spreadsheets