Help needed please!! with HSBC claim

[Castlebest]

CAG to the rescue !!!... the site is putting together a data base of all of the banks terms and conditions heres the HSBC one

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/95312-hsbc-t-cs-here.html

 

see we have everything here

 

pete

[helenf]

you are such a star!!! what would I do without you?? I am sure there will be many more questions to follow ...sorry....

[helenf]

Please can someone advise if I have fallen at the first hurdle??? I was just looking at the complex spreadsheet and I think I became confused between the O/D interest and the 8% interest. The spreadsheet clearly states do not include 8% at the prelim stage...which I haven't but I also took that to mean the O/D interest which is quite substantial. I may have saved my neck though as on the prelim letter I stated I wished to claim recharges of xxxx EXC Interest?? Have I messed up or might I get away with it???

[lateralus]

to be perfectly honest with you helen, it wouldn't matter if you asked for 6 filet steaks and a bottle of bubbly in the prelim.

the prelim is stating that you have a grievance and yes, it's true you are asking for a sum to be returned - they haven't returned it - so forget it.

 

the second letter you are saying - i've asked you politely - and now if you don't respond by giving it back within 14 days - then i will file a claim in court against you - and here is my revised schedule of charges.

 

and 14 days later when you file your claim - if you've found more charges (or less!) or have had more added on - you can go ahead and file and send dg an amended schedule of charges.

 

the point is - it's the one you file your claim with and use in your particulars of claim that you are stuck with. (and even then you could go through the amendment procedure for £35 and a bit of paperwork) though it would be best if you didn't have to do that.

 

so, whether you call it amended or revised or whatever you want to call it - you just send another one at the next stage - and say this one is the one i'm using now.

 

so, first letter and second letter - you can ask for charges plus overdraft interest - just call them all charges from this point on.

 

and when you file the court claim - you can add the 8% statutory interest on.

 

have i eased your mind?

[Castlebest]

 

to be perfectly honest with you helen, it wouldn't matter if you asked for 6 filet steaks and a bottle of bubbly in the prelim.

 

 

Lattie you have the best ideas around here, now where's that Lattie for goddess thread gone.......

 

Helen you can do what you want with your claim schedule up to the point you file your claim with the county court, after that its cast in stone.

 

So if you have just done your prelimiary letter you have about 3 weeks to check and make sure you have it right

 

pete

[helenf]

thankyou lattie and pete, more invaluable advice given!! i will rest easy now!

[helenf]

OK! so what does this test case by the OFT mean to my claim and all others that are in the process of claiming??? Can anyone advise???? I know that the credit card comapnies have complied with a previous ruling and have dropped their charges so does anyone think that this has set a prescedent?

[lateralus]

i'd think that any ruling would effect charges from now - not old charges nor cases already in dispute.......

i'd say carry on as normal

[helenf]

thanks lattie I am sure we will all be watching with interest!!

[tigger25]

Hi helenf

 

Thanks for your post on my thread. Just keep the pressure on. They're probably hoping a lot of us will be put off by the OFT case and the Brennan decision. Stay cool and keep the faith sister:cool:

tigger25

[helenf]

Hi all,

 

had a lovely letter, just bog standard as appears the case for everyone, but from a Mark A Loker (very nice man he returned my sons sponsorship form included in prelim in error....he could have sponsored him a quid...hee hee!!) Not what I wanted to hear however so have sent LBA yesterday...feel really guilty about harrassing them and creating paper work for them....NOT! Do you think Colin has exploded with the pressure of the claims then or what?? :rolleyes:

[helenf]

Ok, have been waiting patiently and 14 days are almost up so went to MCOL site to register. Then thought "hang on a mo!" best look at the step by step guide and now have a couple of questions if anyone can help me please? I looked at a thread by Jonni2bad dated October 06 and in big bold writing it stated that all MCOL claims were being stayed because of lack of particulars for the claim and to do claim via court ...is this still the same..is this current procedure? and secondly my claim is over the £5K by approx £500 should i still procede via small claims or reduce the amount i am claiming so it comes below £5K? Any help would be much appreciated

[lateralus]

apparently colin no longer works for them - or so someone was told.

 

on to your claim - all claims will be stayed - that's on mcol but i expect even the ones filed by N1 will be stayed as well.

The only claims going through are a few that already had court dates pending. I think all others will be in for a long wait.

 

so, if you are still game to get in the queue - go ahead and file your claim - but instead of using mcol - use the new hsbc poc's and file on an N1 form with your local county court. the reason for using the N1 is that there are now some very long-winded particulars of claim written by a real barrister and they need the space on the N1 - the mcol is very limited in the space for particulars.

the link for the new particulars is found in my signature at the end of this post.

it is ok to exceed the 5k by a bit - so go ahead and file.

the only money you will be out will be the filing fee (unless you are on certain benefits and are excempt - see the faqs for details).

if the oft wins and people are getting paid out - you'll be in the queue if you've filed your claim - and you'll get the court filing fee back in your claim. it's a risk - but then it always was - there was never a guarantee you would get your money back - so no change there.

[jowalshy]

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/107637-new-hsbc-pocs.html

 

Lattie, your post wasn't long enough.

[helenf]

Thank you Lattie as helpful and knowledgable as ever!

[lateralus]

signatures must be out of whack -

 

my

posts

are

a l w a y s

long

enough!!!

[tigger25]

Hi

Due to visit of grandson, I have omly just seen your post re filing.. I agree with the others. Join the queue. We have just gone to court (Mon 13th) and had our case stayed for two months. We were made an offer just before goung in to see the judge, but refused it on the basis that we could not accept their terms. The bottom line for us is that we believe the charges are unfair and illegal and are prepared to see that through to the end.

tigger25:cool:

[Audreygreeneyes]

WEll done and good for you tigger, can I ask just so the rest of us are aware what were the terms and conditions?

 

yes my hearing requst remaoval is in 2 months as well.....

[tigger25]

Hi

 

Before going in to see the judge, the representative from DG simply repeated the last offer we had received from them before going to court.

This offer still had the same terms and conditions concerning our not making the details of their payment public and promising not to take any further action in relation to our claim.

Hope this helps

 

tigger25:cool: