Sarah139 v HSBC

[maverik1979]

yes you can save a claim on MCOL for up to 28 days before you want to issue it, this is good as if theres something you're not sure of you can come here and ask

[Sarah139]

Thanks for that - I know what I will be doing this weekend (apart from doing double shifts Sat & Sun).

Will get onto it ASAP.

[ppauls150]

Hello. I see you posted in Spiceskulls thread for the MCOL to fill in the form. try this you might have to do a little bit of adjustment when you put it in, but this does fit with a gentle persuation.

 

The claimant has an account with Defendant over xx years,which is run on their standard terms and conditions.The claimant is claiming £xxxx taken by the defendant in the way of charges for last 6 years.The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts)Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e).In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15 The bank has been asked to justify their charges but they have declined to do so.The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from the date of each charge to xxth May 2006 of £xxxx and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate of £x.xx

[Sarah139]

Thanks so much for your help - but what does this last bit mean - I know about the 8% but what is the bit highlighted in bold??

 

8% a year from the date of each charge to xxth May 2006 of £xxxx and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate of £x.xx

 

does this mean that I have to recalculate the amount after my claim has gone in??

 

Sarah XXXXX

[Michael Browne]

8% a year from the date of each charge to xxth May 2006(the date of your claim) of £xxxx (the amount of 8% interest on your claim)and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate of £x.xx (= Amount of your claim times 0.022)

 

 

Any clearer?

[Sarah139]

Thanks - Clear as mud -

 

(She's usually such a bright spark - memory overload!!!).

 

I think i've got it - apart from the very last bit - is this the complete total claim inc 8% plus calculation - or just claim without 8%?

thank you

 

SarahXXXXXXX

[Michael Browne]

The daily rate is the total of all your charges (ie the amount you are claiming) multiplied by 0.022.

For example :

£595 times 0.022= 13p. Every day between the date you file at court and the date the bank settles, you are entitled to an extra 13p.

 

Mud clearing?

[Sarah139]

Yes thanks

 

My claim has reduced by 600.00 because I took out the Interest that they had charged (I added the total amount of interest initially.). Can I reclaim aportion of this? Somebody said it was really hard to calculate - do you know an easy way???

Thanks

sarah XZXXXX

[Michael Browne]

Somebody said it was really hard to calculate - do you know an easy way???

/quote]

 

That was me probably!!!!

Look at the sreadsheet here and see what you think:

http://www.bankactiongroup.co.uk/TEMPLATE.xls

[Sarah139]

thanks - Think I will give this a miss - when I entered the figure in it showed that there was no debit interest. - Thanks anyway.

 

Just to clarify - my claim is for 3320.00. plus 8% total 3804.84. court costs 120. 00. the figure I use to work out the 0.0022is 3804.00???.

 

Also at the bottom of the claim there are amount claimed, court fee & total amount. Should this figure be 3804.84 & 120.00?

 

Thank you - for being patient with me - I'm sure you are getting a bit frustrated.

[barracad]

Just to clarify - my claim is for 3320.00. plus 8% total 3804.84. court costs 120. 00. the figure I use to work out the 0.0022is 3804.00???.

 

Are you on about your daily rate of interest?

 

£3320 x 0.00022 =£0.73

 

Also at the bottom of the claim there are amount claimed, court fee & total amount. Should this figure be 3804.84 & 120.00?

 

Amount Claimed = £3804.84

Court Fee = £120

Total Amount = £3924.84

[Sarah139]

Thanks for both bits of info.

 

Thet are going to apply 225.00 on 17th should I also include this it is within 6 yrs as 1st charge was in 2001. Should i hold off claim till then and apply these current charges.

 

Thanks

Sarahxxxxxxxxxxxxxx

[Michael Browne]

Can do. I'd include it now. By the time the bank is served it'll past the 17th anyway.

[Sarah139]

Fantastic - just done my claim online - came to pay and my card was instantly declined (HSBC CARD)!!!

Haven't got any more energy or money - will complete 2morrow

Night all

Sarah.

[maverik1979]

dont lose heart, you're ------------ this close to getting your money

[Hedgehog]

Go for it Sarah...don't let them beat you!!!

[Sarah139]

Thanks Guys -Hurray at last iv'e done it!!!!!!!!!!

I've just been on MCOL now and made my payment - Just a quick question though. The spreadsheet I have produced to work out how much they actually owe me - what happens to this? The only things the courts have are the basic figures with no calcs.

 

Thanks

Sarah

xxxxxxxxxxxxxxxxxxxxxxxxx:p

[Sarah139]

Well - more bad news - I have followed your steps to the letter - I even rang experian for my credit rating about six weeks ago - everything seemed in order. So I applied for a 0% credit card to clear some debs without interest - (sent last week) and guess what - I have been declined for a card. The only thing I can think is that since I started with this claim the bank has defaulted me for my misgivings- the B******s.. Please feel free to correct me if I am wrong - but I recieved an alliance and leicester credit card (also 0%) last week (application sent about 4 weeks ago - I am fuming!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

sarah

XXXXXXXXX:-o :-o

[barracad]

Being refused doesn't mean that you have a default. Some companies have more strict credit checking policies than others. They may have simply declined your application because you had a new card last week.

 

If you have been defaulted you should have been informed of it in writing.

[Sarah139]

Hi - Had a letter today from DG Solicitors.

 

They want me to send a breakdown of the amount I am claiming so that they can consider my claim??

Does this sound familiar or what - I will send a brief letter to both DG Solicitors & HSBC signed for.

 

That way they cannot say they haven't got it - but I am sure that I have done this twice already - Incometence or just delaying tactics - you decide?

 

Thanks

Sarahxxxxxxxxxxxxxxx