FAO Lateralus/Freakyleaky/Castlebest - Question but not HSBC related

[Mandy27]

Probably should post this in the Abbey forum but you guys have been brilliant getting me through my claim with HSBC.

 

I'm actually asking on behalf of my sister. She is coming round to mine this pm to go through her claim. She has over £5,000 of charges to claim back from Abbey. She's done the prelim and LBA and is now stuck, she says she's not getting much help from the Abbey forum so I thought I'd see if you guys can help.

 

Basically, she doesn't understand the claim process now for over £5,000 and I have to say nor do I. Does she need to file a claim on MCOL or direct through the courts. I think I'm right in assuming this isn't a small claim because its more than £5,000.

 

Can someone just confirm the process so I can talk her through it when she comes round?

 

Many thanks in advance

 

Mandy

[freakyleaky]

Small claims are for under 5000 so you will have to do it direct with the court. Call your local court and ask which forms you need to fill in. I think you can use the n1 form but just double check. If you can use the n1 then you can downloadit from this site. There are new particulars of claim to use for most banks now but just shout when you are ready to fill it in and we will point you in the right direction.

The court will also be able to tell you how much the fee's are!

[Castlebest]

I think, unless your sisters claim is a lot over £5000 it will still be allocated to the small claims track because the pionts of law will be the same as all the other bank charges claims.

 

You could still file with MCOL although the thinking now is dont use MCOL anyway because the limited space provided for the particulars is too small, have a look at the new POC's posted on the Abbey fourum and use an N1 claim form and send it by post or take it by hand to your local court.

 

pete

[Noddy73]

File an N1 and if she gets an AQ request Small Claims. Is the 5k for one or several accounts. I know some people have claimed per account so £3,000 and £3,000 or other have done one claim for last six years and one claim for over six years. Just a thought.

[lateralus]

just so we've all reported in - here's the link to the new poc's for abbey - for use with the n1 : ## New POC for N1 Abbey ##

[poohbear1]

Hi all, Mandy27's sister here, thank you for your help! I have to say and I don't like to more help than I have got from the abbey part of the site! I posted there yesterday with a question, just wondered if whilst I am getting my N1 and butt in gear (head round it all, no where near as clever as my sister I'm afraid, she got all the brain cells!) I sent the following letter:

 

Dear *************

 

 

Further to my letter dated 17th July 1007, I would like to offer you one final opportunity to settle this matter before I proceed with legal action to claim the remainder of the charges levied from my account unlawfully.

 

You have already credited my account with £360, my claim is for £5024 (please see attached spreadsheet, which also shows how much I will be seeking in court with the additional 8%) plus £250.00 court fees.

 

I am in the process of completing my N1 form for the courts and upon reading the first item on the "Notes for claimant":

• 
  
• "You must think about whether alternative dispute resolution (ADR) is a better way to reach an agreement before going to court. The leaflet ‘Making a claim? – Some questions to ask yourself’ explains morea bout ADR and how you can attempt to settle your claim"

It is this that has prompted me to attempt a final resolution with you which would be in both our interests, out of court. I would be willing to accept an out of court settlement of £4664.00 aswell as the £360 already credited by yourselves to my account totalling the amount I am seeking of £5024. This will save yourselves the additional costs of 8% interest and £250 court fees.

 

Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action.

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly.

 

I trust this clarifies my position.

[lateralus]

well, mandy's sister pooh, i guess anything is worth a shot - but i don't see it happening now with the oft test case - they are using it to get out of being confronted - they will just send you a letter back (i'd think) stating that they aren't now dealing with bank charges claiming at all and won't do until the oft case is heard, thank you for your patience, your letter is very important to us, have a nice day!

 

but as i say - it's worth a try - good luck, pb, let us know how you get on.

 

you might like to read this to see why you should go ahead and claim if your letter doesn't work: OFT Test claim: What this means for you

[poohbear1]

No I think you are right, to be honest I think it is just my subconcious trying to avoid the court bit, I am just finding it hard to understand and get my head round and worried it will get to court and I am not clever enough to defend against a legal department of a big bank.

 

I just need to get the N1 in, pay my court fee and then at least its done, I have got another claim I am doing for my OH with Natwest so need to do the same as they are at the same stage.

 

One question on the N1 form that isn't covered on the POC you posted (very kindly) the "Value" you put in, especially as I assume the 8% interest continues to go up day by day until an offer or judgement is made? It has a bit for Claimant details first, then Defendant details, the Brief details of the claim and the "value". My claim is £5024 (although the bank has already paid £360 into my account, plus £250 court fees and 8%, how and what do I put in that section?

 

Thanks

[lateralus]

well, i'd say Enter the total of your claim, charges and interest and then there's a sentence in the N1 that says 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 £xxx.xx, and at the daily rate of xx.until judgment or sooner payment.

 

 

and you figure the daily rate as your charges (not interest or court fee) x 0.00022 pence per day - so say your charges alone are 5k - the daily interest would be £1.10 per day -

so value would be xxxx.xx plus xxp daily rate until the resolution of the claim.