just a quickie

[hardcore_alleigh]

ive sent prelim letter and asked for refund of £175.

about to send LBA as 14 days are up, but have had another £75 worth of charges since prelim, can i add this or should i apply for it separately?

[jowalshy]

You can add on charges right up until you file a claim through the courts. But only charges that have actually been taken from your account.

[hardcore_alleigh]

lovely thanks!!

[hardcore_alleigh]

still not heard a sausage from HSBC, LBA has been signed for and 14 days are up this thursday.

is there a number to call to ask them to settle before going to court?

[jowalshy]

Unfortuntely, I don't think you will get very far by phoning them and asking for them to settle, but I don't see any harm in trying. But do not get your hopes up. HSBC still insist that their charges are lawful and they will almost certainly tell you "no". Sorry to be the bearer of bad tidings.

[hardcore_alleigh]

no worries, i called Halifax with my last claim and they settled straight away.

will take the f'ers to court then

[hardcore_alleigh]

14 days of the LBA are up and not a word from HSBC bit scared about the next stage ie going to court.

[CHRIS 66]

dont be ... its not that bad . but be aware that with the oft it may take some time

[hardcore_alleigh]

just had another £29 taken which has taken me over my overdraft, FFS:mad:

i can still add this to my claim, i beleive?

[lateralus]

yep, right up until you file you can add any further charges - get them onto your schedule of charges -

the daily interest bit in the filing of charges may really become a big point for people filing charges now - as you know it's going to go to a test case and it could take awhile - but if your claim is in - then you'll be in line for whatever good news comes your way - it's just going to take time.

so, my best advice would be to file your claim (that is the only money you will have to lay out and if the test case goes our way - you'll get it back plus all your charges plus 8% interest and then daily interest from the date of the claim up until it is resolved.

be sure to use the new particulars of charge and file using the N1 not mcol as the space for the particulars on the mcol is way too small for the new particulars - there's a link in my signature.

keep records of everything.

[hardcore_alleigh]

thank you! really appreciated, but where can i read about this test case?

[jowalshy]

you can read about it on the BBC news website or you can read the CAG response to it here:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/107583-oft-test-case-what.html

[lateralus]

in a nutshell - oft is taking banks to court to see if the charges are unfair - and the banks response is to put a hold on everything until after the test case - which unfortunately could take ages and ages. best advice is to go ahead and file - you'll be out the filing fee for the moment - but best case scenario - if the banks loose - you'll be in line to get your money back plus the filing fee.... it's just going to take time and you can expect a letter from either the bank or the court system saying it is stayed (on hold) until the test case is heard. nothing to be done about it - just have to suck it up and wait. but best to file now - because if you are claiming back charges from say - - six years ago - and you wait to file - those charges would then be beyond the six year limit which is a different fight. so, best to file and be in line for the hoped for payout when it's over.

[hardcore_alleigh]

thanks a lot for ur knowledge Lateralus

[hardcore_alleigh]

ive recently looked at my credit score on experian's website and my HSBC current account is showing that i ave missed payments for the last three months. Why is this? to be honest i dont use the account anymore, could it be that because i no longer have my monthly wage & tax credit go thru the account that its showing missed payments?

 

and once i file my N1 and if i won the case, would these be removed from my credit register?

[hardcore_alleigh]

oh and just read my post and got a generic letter from HSBC telling me about the OFT case and that they think their charges are fair, pah. N1 will be sent once i get my hands on a printer.

[hardcore_alleigh]

PRINTER HAS ARRIVED and is installed. have been working on my N1 form which i got from here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107625-new-poc-n1-hsbc.html

[url=http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls][/url]

i have also used this spreadsheet: http://www.consumeractiongroup.co.uk/Spreadsheets/England/Simple-charges-calc.xls which has all been fine, just not sure what the daily rate should be here:

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £281.13, and at the daily rate of xx.until judgment or sooner payment.

 

can someone clear this up for me so i can post this tomorrow?

[lateralus]

daily rate is charges x 0.00022 = xxpence per day

so, say your charges are 250 - you are asking for 250 plus the 8%interest from the interest calculator plus daily rate of 6 pence per day from the date of the claim to the resolution (that's 21.90 over a year!) if this case drags on - you'll be rich!

[hardcore_alleigh]

so i write:

(3)Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £281.13, and at the daily rate of £275.00 x 0.00022 = 0.6pence per day until judgment or sooner payment.

??

[lateralus]

you can just put and at the daily rate of 6pence per day until..

[hardcore_alleigh]

excellent, thank you.

so correct me if im wrong... now i print it x 3, one copy to HSBC, one copy for my court and one for my reference? do these need covering letters? or just the word document?

[lateralus]

actually i think the n1 directions are to submit three copies of the n1 and 3 of the schedule of charges with it. and for sure, keep a copy.

[hardcore_alleigh]

the schedule of charges is required on the N1 that i copied, just send it off tomorro then, recorded of course

[hardcore_alleigh]

bloody hell, sent N1 to HSBC & my local county courts, BUT FORGEOT TO SEND THE FEE:eek: will ring on monday morning and send a cheque, really hope this doesnt stuff my claim up

[pinkduchess]

a genuine error - im sure it will be fine.