baddebtman vs. Midlands PLC (sorry HSBC)

[baddebtman]

'Ello,

 

I'm new - well in terms of posting - I've picked up some stuff but thought it high time to start my own thread; more to allay my own trepidation regarding going to court.

 

I followed the advice off MoneySavingExpert.com and after some ignored letters and the usual prevaricating finally got to the MCOL stage. After a 24 day wait it would appear that DG has filed a defence...that brings you bang up to date.

 

I've already started reading the basic court bundle and await an AQ or notice that one isn't required...does it sound like I'm on the right track? Do I just wait now for the local court to get in touch or is it worth sending DG a nudge letter now?

 

Thanks in advance for any input.

 

lmw.

[pinkduchess]

i suspect you may have already been reading these but here they are anyway

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

 

 

sounds like youre right on track.

 

as you started with MSE can you confirm if youve done a spreadsheet from this site. the one on here is more detailed. also did you send copies of it to mcol & dg when you filed.

 

id wait to hear from local court & then nudge.

[baddebtman]

I haven't done a spreadsheet from here no, and no copies of spreadsheet sent when filed.

[Castlebest]

Here's what we recomend after you have filed your claim, it just makes sure everyone has a copy of what you are claiming for.

 

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

 

Note; as your a bit late doing this wait untill you get your notice of transfer and send this to your local court

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,

 

Your a bit late but it shouldnt cause any problems

 

pete

[Castlebest]

We have had a few instances where the Judge hasnt liked the lack of detail in the MSE and BBC templates used by some,

 

I wouldnt worry too much because we can correct it if there is a problem using the CAG templates just be aware your judge might ask for further and better particulars when he looks at your claim.

 

pete

[baddebtman]

I'll sort these so I'm ready to send to the court and DG asap once the claim gets transferred.

 

Thanks.

lmw

[baddebtman]

Actually, I'm still struggling to get out of this mess and so have incurred some charges since my initial correspondence with the bank and MCOL should I include these on this new schedule of charges spreadsheet I'm working on even though up till now I've not mentioned them?

 

And when does the six year period start from I've read a couple of scenarios around this point e.g. start from SAR or start from calim filed date? Any thoughts are greatly appreciated!

[Castlebest]

You cant add charges to your claim schedule once its filed with the court.

 

Some people have had these reversed by phoning their local branch and explaining you are in the process of recoveing your last 6 years costs in the courts and it would be a pity to waste a whole lot more of HSBC's time and money doing it again. If you dont get any joy do it again, I have my second claim running at the moment.

 

The six years runs from the court filing date

 

pete

[baddebtman]

Thanks for all the help so far...it's easing my nerves being around here!

 

You cant add charges to your claim schedule once its filed with the court.

I figured as much; but thought I'd better check it out just in case!

 

Some people have had these reversed by phoning their local branch and explaining you are in the process of recoveing your last 6 years costs in the courts and it would be a pity to waste a whole lot more of HSBC's time and money doing it again. If you dont get any joy do it again, I have my second claim running at the moment.

 

Nope no joy, they have decreased one of the charges down from £150 to £50...whilst I was on the phone so no documented evidence; I didn't think to record the calls - but I did note down time date and length of call.

 

It shows you how much leeway there is though if it were purley recovering costs one would think it'd take more than a call centre supervisor to strike it down by 66%? Actually thats reminded me do you think it's worth mentioning this if my case actually gets heard; or putting it in my list of evidence?

 

I guess I'll have to start the process again then. If you know the charges do you just go straight in at stage 2 i.e. you can skip the initial 6 year SAR since you know what the charges were? I've seen the SAR on CAG appears to be asking for evidence of manual intervention on the account meaning I probably would need an SAR for just that?

 

The six years runs from the court filing date

 

pete

 

 

Thanks again.

 

lmw.

[Castlebest]

well at least you got £100 back for the price of a phone call.

 

No reason you cant make a note of the telephone call, time date and what happened and put it in your corespondence section.

 

You very rarely get evedence of manual intervention from the SAR anyway so I would just start a new schedule of charges and go from the preliminary letter stage.

 

pete

[baddebtman]

Had some news today: I tend to think it's good too.

 

The bank have offered me a full and final settlement amounting to charges without interest up to and including the new charges I'm inclined to take the offer as i wouldn't have thought proceeding to court just for interest is in the best interest of the future claimants? Plus I am more than happy with it.

 

Question is now...I've already lost 120 in charges and bundle prep time is it worth writing a note to HSBC to accept the figure as settlement of the claim but advise them that I will be seeking compensation because I've already filed and then when I get the notice of transfer write to the judge to inform I am dropping the claim but respectfully request that it's my belief they were never going to let this go to the court and I've already incurred 120 etc. etc.?

 

Once again your advice is invaluable I can feel a donationto CAG coming on when I get the GBP in the account.

 

Oh and one other thing...if I sign and retun the form in order to drop my claim for a figure of xxxx.xx are they then legally obliged to provide the funds: once again I'd presume so?

 

Regards

 

lmw.

[jowalshy]

You could always send them a partial acceptance letter. Explain to them that you have already filed a claim through the courts and that you will only accept their offer if they also include the court fee you have had to pay. Also state that you are willing to forgo the interest. You never know they might refund the court fee aswell. This offer that they have made to you was probably direct from HSBC and was in response to your prelim letter and LBA.

[Castlebest]

Unfortunatly HSBC Leeds will view your court fees as your own fault for being impatient with them, the court wont cancell part of your claim because in essence you would be altering your claim so its black or white...

 

There is no middle ground you either accept HSBC's offer on the basis that its money for nothing, you never thought you would see it again and it will be in your back pocket within 14 days or you decline HSBC's offer and proceed with your court claim and get all of your money, interest and court fees back in 2 to 3 months time.

 

pete

[lateralus]

you might try this approach if you would be happy with their offer plus your court fee back -

 

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and thank you for your settlement offer of £XXX.

 

I am inclined to accept your offer but unfortunately as I have already filed a claim with the court I have spent a further £xxx filing this claim and therefore I am unable to accept your offer as full and final settlement less you agree to refund this amount. The total amount I wish to be refunded is £XXXXX(the old charges, the new charges, and the filing fee)

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

just make sure it is including those new charges - i was going to suggest keeping them as a bargaining chip but it looks like they did the exact same thing.

going through with the wait and the court process to get the interest added on is a decision only you can make.

[baddebtman]

Thank you for your input again.

 

I have decided to accept the offer in full and final settlement, looking at the offer the money covers the new charges and I really could do with the money within the shortest timescale to save me from further charges...

 

Thanks again for your input.

[freakyleaky]

Whether you accept a lower offer or not is always a personal choice but it is a win!

Congratulations!!!!!

Another one in the bag for the good guys!!!!!

[jowalshy]

CONGRATULATIONS

[Castlebest]

Well Done BDM !!!

 

 

pete

[pinkduchess]

congrats

[baddebtman]

Thanks to you lot and various other sites really...just got to wait a few days and I should be back on the level money wise!!!

 

I drafted a nice letter basically saying "show me the money" and also stated that if they start off with the penalty charging again I reserve the right to start the process again (let's hope I don't have to eh; the plan is to treat this latest episode as the slap round the face I need to become a bit more financially literate!)

 

And you're right a win is a win (it's a nice feeling; almost addictive?)...I've added the detail to the survey just to boost peoples confidence that extra 1500 quid more!

[lateralus]

CONGRATULATIONS!!!!