Medcalf -v- Hsbc

[johnnymitch]

Hi Meddy - this is the situation as I see it----

 

Your claim is stayed and HSBC are allowed to carry on adding charges and interest to your redundant bank account - but to actually recover what they no doubt see as a debt they will have to take you to court and as soon as they do that they run into your stayed claims .

 

They won't do it.............

 

As for the telephone harassment - if you're banking online delete your phone details- they won't know where to phone then..... or send them the following - 'recorded delivery' - and if they default on it -report them. :

 

Harassment by telephone - response letter

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

[NAME HERE]

[citizenB]

Alternatively, you could replace it with a different telephone number.. say the local trading standards office.. Just a thought

 

OR even enter "new" numbers

 

flippin' ell... you know what they say about great minds

 

:lol:

[citizenB]

Hi Meddy - this is the situation as I see it----

 

Your claim is stayed and HSBC are allowed to carry on adding charges and interest to your redundant bank account - but to actually recover what they no doubt see as a debt they will have to take you to court and as soon as they do that they run into your stayed claims .

 

They won't do it.............

 

As for the telephone harassment - if you're banking online delete your phone details- they won't know where to phone then..... or send them the following - 'recorded delivery' - and if they default on it -report them. :

 

Harassment by telephone - response letter

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only. This protects us both in the event of a court case.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

[NAME HERE]

 

I have added a sentence in blue above. I have found DCAs and Creditors alike seem to take notice, especially as further down you also advise that you will be recording their telephone calls.

[johnnymitch]

Thank you CB - :)xx I will update my copy.......

[meddyuk]

Hi Guys

 

It's Meddy's wife here as he is away at sea until the 1st Oct and he has told me to email you all. He has put in a claim for some bank charges on our joint account, it isn't over the overdraft limit, but it has been in the past. There is some overdraft left to pay but i am putting money in every month anyway. Anyway I have had a letter from court that HSBC have put in a defence enclosed with this is a questionaire to complete and some correspondence about small claims mediation, The questionaire needs to be completed and sent back by the 16th Sept as Meddy isn't back then i am not sure how to proceed can any one advise i am worried i will have to go to court while he is away and he has dealt with all of this and i just want to keep things ticking over for him until he returns

 

Thank you so much in advance for your help

Mrs Meddy

[Castlebest]

Hiya Mrs Meddy and welcome to the HSBC forum give my regards to Meddy when you speak .

 

I assume the court have sent you an allocation questionnaire heres the bit you need to read to get it all filled in and sent back on time .

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Follow the advice given in answering the form but heres a few additional pointers for you (not sure if you have a form N149 or a Form N150 so I've listed both)

 

Both Form N149 and N150

Section A, Tick no as advised, Mediation is expensive and a waste of time in a bank charges claim, anyway Meddy will be back before you get a hearing .

 

Form N 149 Section F, Form 150 Section E

If you know when Meddy will be away make a note that he is a serving member of the armed forces and enter the dates when he will not be available to attend court

 

Any other problems or questions you have just let us know and one of us will be along to help you

 

pete

[meddyuk]

Hi Its Mrs Meddy again,

 

Thanks Castlebank for the info you have provide so far the link was great too.

 

I am a bit confused however, when meddy entered a claim for his account he didn't have to do this so why is this claim different.

 

along with the allocation form and covering letter i also had a copy of a fax which had been sent to court it had 5 points from HSBC solicitors these were as follows:

 

1. the claimants accoutn is goverened by the defendant personal and or business banking terms and conditions

 

2. Pursuant ot the defendants terms and conditions the defendant is sntitled to make a charge for it service as set out in the defendants price list including an overdraft review fee for considering wheather to provide and providing an overfdraft.

 

3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the purposes of the unfair terms in consumer regualtions 1999 (UTCCRs).

 

4. The charges are applied to the claimants account are reasonable and are properly and fuly disclosed in the defendants terms and conditions and publsihed price list. The charges represent the contractually agreed price for the service provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and accordingly , cannot amount to penalty.

 

5.Save as set out above, each and ev ery allegation made by the claiment is denied . For the reason set out above it is denied that the claimant is entitled to the relief claimed or any relief.

 

I am not sure what all this means and along i meddy would know, but is this still worth pursuing especially with it now being in the high court do you this we still have a leg to stand on.

 

I really appreciate all the help i'm getting with meddy is away i know he will also be very grateful

 

Thanks

Mrs Meddy

[Castlebest]

Hiya Mrs Meddy , the allocation questionnaire is really a note from your judge asking you, amongst other things, how long you think the case will take to hear in court its meant to help the court allocate time to hear your case. Sometimes they send them out and sometimes they don't .

 

As for the banks 5 points, ignore them, the first rule of going to court is to deny everything it means nothing until they prove what they say and to date they have failed even in the high court .

 

You along with everyone else who are claiming back penalty charges have a very strong case and I believe we will all get our money back... eventually.

 

pete

[meddyuk]

Hiya All, Meddy here again

 

First of all thanks for all your help whilst i was away at sea. Giving the missus instructions whilst your away isnt the best idea in the world.

 

Right, as you know i have 2 claims in the county court. Both of which are stayed until the outcome of the OFT case.

 

Both accounts have been left in a state of overdraft and this is the amount that HSBC owe us in charges. Obviously they are contesting this and have sent me a letter today on my account. The letter is from Metropolitan Collection Services Ltd who want immediate payment.

 

I have been paying HSBC £100 a month. This is an even split between both accounts. HSBC state that this is not enough and they want immediate payment, of which i cannot afford.

 

I'm obviously going to respond to the letter from MCS and offer a repayment schedule.

 

My question is, what should i do if HSBC issue summons. I know that i can counterclaim, but im worried about CCJ's which will affect my credit rating? At the moment my credit rating isnt that hot, due to this ongoing dilemma.

[citizenB]

Welcome home, Meddy.. just giving you a little nudge. If you havent had a response say by tomorrow. Might be worth pming johnnymitch , castlebest or HSBC crusher.

[johnnymitch]

Hi meddy , welcome back - nice to see you're home again ....

 

First of all , you need to know that MCS is not 'Ltd' or anything else , they are not even listed at Companies House! What they are is the debt-collecting arm of HSBC , working only for them and using their premises and database .

 

Now , because your account is firmly 'In Dispute' by virtue of the claims in court , they should not be passing this debt to MCS or any other DCA for that matter . Write to MCS and tell them that - and ask them to pass it back to HSBC until this dispute is resolved ..... i.e. after the OFT test case .........

 

You might like to use some of the material pete has posted in this link - he didn't miss them and hit the wall :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html%23post1311983

 

Also , if you are paying £100 per month and that is what you can afford , a court is not going to make an order for an amount you cannot afford....... in fact this will count in your favour as proof that you are making every effort to reduce the debt , not evade it .

 

However

 

I'm sure others, like pete or freaky may have more to add that I have missed ..... but this should do to be going on with ...... IMHO they will not follow through ........

[Castlebest]

Hiya Meddy and Mrs, hope you are both well and enjoying some well earned leave .

As you can see from the thread johnny posted I believe in treating them with the contempt they deserve (yes I did send that letter ) they responded by posting a default against my name with the credit reference agencies which I have now had removed again heres an outline of what happened

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html

 

what I would also say is, if the balance of your accounts is the same or less than the sum of the bank charges and interest against those charges they have deducted from your account and they owe you... why are you paying them anything? you are just paying their charges.

 

save the £100 a month and do something nice with your Mrs instead .

 

pete

[meddyuk]

Guys,

 

Thanks for your help, you are all putting Mrs Meddy's mind at rest.

 

I've put a letter together, stating that the case is stayed, i just wanted some reassurance i suppose.

 

Pete, any chance of getting a link to the letter you sent to HSBC so i can get the default removed?

 

Cheers

 

meddy.

[Castlebest]

Hiya Meddy, here's the first letter I sent to them they will come back with a load of B.S. in an effort to justify what they are doing but they will remove it in the end

 

Service Quality Team

PO Box 205

Leeds

LS11 1BJ

 

Dear Sirs

 

Account Number xxxxxxxxxxx

County Court Claim Number - xxxxxxxxxx

Date Issued: xx/xx/xx

 

 

Notice that you have reported data about me which is inaccurate and in dispute.

 

It has come to my attention that, on the xx/xx/xx you reported my above noted current account to be in default to the credit reference agencies despite you and your legal representatives being fully aware that this account has been in dispute since my letter of the (date of your preliminary letter) and has been the subject of my county court claim against you since the (date your county court was deemed served) which was stayed at your legal representatives request on (date of your stay) pending the outcome of the test case.

 

You have proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of your contractual obligations and in breach of the Information Commissioner's own guidance.

 

If you wish to resolve this matter once and for all I suggest you instruct your legal representatives to request the stay that has been applied to my claim due to the high court test case be lifted and we proceed to a court hearing.

 

Your present actions are underhand and dishonest and I believe you are manipulating the situation and abusing of the court process to delay the inevitable refund of the unlawful charges you have been deducting from my account.

 

I am giving you the opportunity to remove this false information from my credit file. Please confirm to me in writing within the next 14 days that you have removed your defamatory comments you have made with a full apology and your proposals for compensation for this act of gross incompetence.

 

If you do not confirm that you have corrected your error within the next 14 days I will have no alternative but to issue a complaint to the Information Commissioner’s office that you are reporting inaccurate data about me.

 

In addition I confirm the negative entries on my credit file are damaging to me, the Data Protection Act allows me to seek compensation from both you and the data reference agencies that are recording your erroneous reports through the County Courts. If you do not remove the negative reports you have made and the data reference agencies continue to report this false information I will have no hesitation in issuing further county court proceedings against you.

 

 

 

Yours faithfully

 

Castlebest

[meddyuk]

Hiya Guys,

 

As usual been away for a while. I noticed from another site that the courts are appealing....again!

 

Does anyone have the faintest idea, when we are likely to get payouts. I say when, because now David Cameron has backed the cause and banks over the country are now reducing their unfair charges to something semi reasonable.

 

Also another question, more on a legal note. I might be emigrating late 2010/early 2011. What happens if the case is ongoing after ive made the move?

 

Hope you are all well

 

Meddy.

[Castlebest]

Hiya Meddy and welcome home

 

As far as I'm aware the banks appealed the judgment so far with the House of Lords and the dear old Lords decided they needed a holiday before they announced their decision which we should now get in October when they come back again all right for some lol.

 

But this is only the first section of the test case which decides if the OFT have jurisdiction to investigate and report on the banks. The next section is to look at the level of charges which hasn't even started yet .

 

As for being abroad I think wait and see what happens, if the banks eventually fold they may just pay out.

 

pete

 

PS just found this Meddy

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2450567.html

Edited September 23, 2009 by Castlebest

[meddyuk]

Hiya All,

 

Looks like the Banks didnt fold! So what happens now then, do we just sit and wait for the OFT to decide whether it will continue the fight? Are the cases still on hold?

 

meddy.

[johnnymitch]

Hi meddy , sorry it's taken so long to get back to you ...... and welcome back btw ....

 

Have a look at the 'Announcements' at the top of each site page .... they're updated as and when any new developments come along.....

 

The Consumer Forums - Announcements in Forum : HSBC Bank

 

basically , we're waitng for the legal guys to spark at the moment , but there should be more progress (hopefully) in a few days .. the battle is not lost meddy .......merely a re-group !

[meddyuk]

Hiya All,

 

Thanks for getting back to me Johnny. I did read the thread and understand that the various consumer groups and the OFT are regrouping.

 

I received a standard HSBC letter yesterday, informing me that due to the supreme court ruling, HSBC will no longer uphold my complaint, that their charges are unfair and that their lawyers will be touch.

 

Basically, im just sitting tight and watching this space for updates on my next move. Im wondering what Portsmouth CC will do with my stayed claim? Will it continued to be stayed?

 

Meddy.

[johnnymitch]

Hi meddy ....... if you look at this thread of RGS1 - this is what you're likely to get from DG next ........

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/234710-not-over-yet-rgs1-2.html#post2657806

 

And have a read of Bankfodder's info re the OFT on my thread :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/239058-battle-goes.html#post2658771

As you say , just sit tight at the moment , meddy, but watch for the court asking for your intentions re your claim . It is my impression that the 3 month 'stay' extention runs out on 25 Feb 10 .... and the banks have asked for claims which have not been amended/ or applications for extended stays.... will be struck out after that .... (see the last para of RGS's letter ..... ! )

[meddyuk]

Cheers for the reply Jonny.

 

Just read your thread, after getting home from the outlaws!

 

Looks like the OFT have bottled it, even though they were on BBC News stating exactly what was stated on MSE about a new avenue. Cant believe the bottle-less gits! Thought they were supposed to be for the people.

 

Anyway, Hopefully, we'll get new directions on here as to which way to go and amending our POC. Is it worthwhile now though?

[johnnymitch]

Hi meddy , hope you've had a good Christmas .....

 

The banks would like you to think it's not worthwhile ..... be easier for them to bin you ..... but there are (IMHO) a couple of avenues which were hinted at by the Supreme Court, which the legal guys are investingating at the moment .....we expect them to come up with revised POCs in about 3 weeks ......

So , I'd still say it's worthwhile sticking with it ........

[meddyuk]

Hiya All,

 

Had a letter from DG stating the fact that the Supreme Court had ruled in the favour of the banks. They also enclosed a letter that they had sent to the Portsmouth Combined Court requesting that the stay be lifted. They then enclosed an order from the court lifting the stay, and ordering that the costs be waivered.

 

They are now wanting me to repay the £1,300 overdraft that i have with HSBC, even though this was due to their charges.

 

I take it i have to now make them an offer and i cannot take this any further?

 

Meddy

[johnnymitch]

Hiya All,

Hi Meddy

Had a letter from DG stating the fact that the Supreme Court had ruled in the favour of the banks. They also enclosed a letter that they had sent to the Portsmouth Combined Court requesting that the stay be lifted. They then enclosed an order from the court lifting the stay, and ordering that the costs be waivered.

This is not right Meddy ....the court should have given you the option to object to the stay being lifted........ the banks are being sneaky as usual and some courts are falling for it .. you need to contact the court urgently and ask them what notification they sent you about this and when.... it may be that the bank has given the court the impression that you agreed to this course of action ... in which case they should be reported for it .........

Pete Castlebest’s court has extended his stay until November to allow for adjustment of POCs so IMHO it’s by no means over .............

 

They are now wanting me to repay the £1,300 overdraft that i have with HSBC, even though this was due to their charges.

 

I take it i have to now make them an offer and i cannot take this any further?

No .....as I said before Meddy , this is not the end of it .... make them no offer would be my advice..

Send the court and DG a copy of the following letter and wait for the court to reply confirming that your stay has been kept in place or reimposed..... and not at your expense if you knew nothing about it .....amended POCs are in the process of being produced , although they may have to be individually tweaked to suit each case .....

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/244669-hsbc-after-test-case.html#post2733231

 

However there are cases pending court appearances which we are awaiting a judgement on before going ahead .... hence the reason for asking the courts to hold their horses on lifting stays

 

 

 

Meddy

[meddyuk]

JohnnyMitch,

 

Thanks for your email it was of great help. Ive been away again and had to stop and explain to the missus, before she sent a letter to DG offering a repayment plan.

 

I rang the Portsmouth County Court today and they said that the 2 cases that we had with them were still on hold and that DG had written to them inviting the courts to dimiss my claim on the joint account. However, the lady at the court said that she had written to them and asked them to submit it in proper form.

 

the only letters ive recieved on my sole account is threatning letters stating that as the supreme court have ruled against the test case, i should repay my money.

 

I've doctored the letters by Castle and sent them to both DG and the courts. I suppose i just have to wait until the new POC's have been sorted out?

 

Will there be a new court pack issued or will the old one still suffice?

 

meddy.