Skins vs HSBC

[skins]

Mornin'

 

I am just filling in a couple of N1 forms for two accounts, and for fairly meagre sums, and have a few questions for you helpful people:

 

1. I am claiming only for charges incurred (+ std. 8% interest) and not interest charges because there don't seem to be any - is this fairly normal?

 

2. Is it recommended to only claim for the last 6 years charges dating back from the N1 form date?

 

3. I assume my court fees are included in the costs I can claim back if I win the case? (As I have said: my claims are for fairly small amounts which makes this quite a large issue.)

 

Please excuse me if these have been answered before (I'm sure they have) but as you can see I've been registered on the forum for a while and have been slowly absorbing the information, but I haven't come across these particular questions.

 

Thanks in advance for your help.

 

Matt

[skins]

Forget no.3 - just found the answer

[skins]

Just found the answer by pure chance to no.1 - so just the 6 year thing...

[Michael Browne]

Is it recommended to only claim for the last 6 years charges dating back from the N1 form date?

 

Yes.

[skins]

Thanks Michael

 

I've been looking at the guide to filling in the N1 form: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

and I'm a bit confused with the daily interest calculation:

 

"Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just."

 

If I enter my CHARGES figure in pounds and multiply this by the daily interest in percent (0.00022) then surely the answer will also be in pounds and not pence like the example above, or am I missing something?

 

Also, when exactly is the "date when the money became owed to you"? Is that the date of the first charge you are claiming for?

 

Thanks again, Matt

[Michael Browne]

If I enter my CHARGES figure in pounds and multiply this by the daily interest in percent (0.00022) then surely the answer will also be in pounds and not pence like the example above

 

Yes and no, eg £495 x 0.00022 = 0.1089 as you say the answer is is pounds, it's just that there aren't any, in other woprds the daily rate would be £0.11p

Also, when exactly is the "date when the money became owed to you"? Is that the date of the first charge you are claiming for?

Yes

 

There are new POC's for HSBC here

http://www.consumeractiongroup.c o....lates-library/

[skins]

Thanks again Michael. I've just used the updated POC's and will send off the forms with cheques tomorrow.

[skins]

Just had a letter back from Trowbridge Court in response to my N1:

 

Further to your request to issue a claim for bank charges. the Resident District Judge has directed that all bank charge claims currently going through this court are to be stayed and that all new claims are top be stayed on issue. In light of this, please confirm whether or not you wish this claim to be issued. please note that court staff cannot comment on the legal implications of issuing or not issuing at this stage.

 

Can anyone translate the last two sentences into English for me?

 

What are the legal implications of issuing or non issuing and why would anyone not wish their claim to be issued after going to all that trouble?

 

Thanks in advance, Matt

[Penfold92]

Just had a letter back from Trowbridge Court in response to my N1:

 

 

 

Can anyone translate the last two sentences into English for me?

 

What are the legal implications of issuing or non issuing and why would anyone not wish their claim to be issued after going to all that trouble?

 

Thanks in advance, Matt

 

I believe this merely means, are you willing to accept that your case will be automatically stayed. If yes then they will issue, if no then I guess they will refund your money and your claim will be cancelled...

 

That's how I would read it.

 

Penfold

[pinkduchess]

yes thats how i read it too

[Castlebest]

How can a Judge stay a case before he's even seen the paperwork? what happened to cases of hardship????

 

pete

[pinkduchess]

its the same as mine & yours though isnt it where the judge has put a stay on off his own back. he will look at a case of hardship if an appeal is made against the stay. is that right?

[Castlebest]

so if your in hardship you pay the £120 to submit your claim to the court and at the same time £35 to apeal against the stay.

 

I think the Judges have been taking lessons from the banks

 

pete

[Penfold92]

its the same as mine & yours though isnt it where the judge has put a stay on off his own back. he will look at a case of hardship if an appeal is made against the stay. is that right?

 

 

Maybe the system just cannot cope with so many cases...after all they has never been so many people all going after the same people for so much....

 

Judges are just fed up and do not know what to do. Looks like no-one actually wants to stand up and they all want direction from the OFT Case.

 

The problem for all of us is it is ridiculous! I cannot get to court for a case that I know will not get there....How silly is that...I will say to the Judge as my final coment on my stay hearing, you and I both know that HSBC will never come to court and settle before the date, so why can you not just let this proceed?

 

Penfold

 

PS I'll prob get contemp of court an £5000 fine.....LOL

[Penfold92]

so if your in hardship you pay the £120 to submit your claim to the court and at the same time £35 to apeal against the stay.

 

I think the Judges have been taking lessons from the banks

 

pete

 

 

Exactly...what a joke!

[skins]

Thanks for the replies. I shall send a letter asking for the claim to be issued.

[freakyleaky]

See the links in my signature regarding having stays lifted!

Good luck!