Thanks pinkdutchess, i think your right, i think the system is clogged up. will call MCOL. I also read a another thread by someone else in similar predicament so I guess I m not the only one. Will update, you a star! robert And yes they have filed a defence....

I think my 28 days was over on the 29th of May and I still havent heard anything - no answer or word...is something wrong, anything I can do...? please help...!

Pinlk - thanks for that. The red is bit was just discussion I had with the MCOL guy and I am not sure how accurate it is so I guess I will wait and see. Should I call DG? Start writing my first nudge letter? Why do some cases seem to get an offer (albeit only a percentage) earlier in the process then others? I have read similar threads to mine, with regards to timing, and surprised to see some have been offered a partial settlement. Is this evidence that maybe I have done something wrong...? Thanks for words of comfort Pinkdutchess!...robert

Silky77, I think we are kinda at the same stage. My 28 days just ended and I looke dont the MCOL website and saw the "status" change from "issued" to "defence filed". So things are moving along. Apparnetly this was done on the 25th of May and filed with MCOl on, I think the 29th of April. Anyway, I called MCOL today and was advised that I should be receiving the defence in the post within the next 5 days. Apparently athen I have to tick a box saying I want to proceed with the claim and transfer to local court. So in answer to your question, I think you will have to wait the near total 28 days, or you might want to call MCOL, apparently they are having technical difficulties with the site and have managed to change the "status" sign or upload the defence. Phone number for MCOL is on their website. All the best, robert

HJBH, I personally listed all the charges and their labels, but I dont think it matters all that much really. I would probably send what you have now, so that your timing isnt messed up and then the same docs, but with the labels. At the end of the day, there isnt any difference as their are all unfair penalties. With all this technology abound, I am surprised Banks just block overusage, but then they wouldnt make any money on unfair charges now, would they? hope this helps

I still havent heard anything from DG or the Courts, and if I calculate the 28 days properly well then it would seem today or yesterday was the day to hear something... If have looked on MCOL website and under "status" is says "You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly". Is this good, bad or normal (expected) news...? Is just called MCOL, gave them claim no. and was advised that HSBC filed their defence "disputing all claims" on the 25th of May. The court guy said I should allow for 5 days and then I should receive a letter, asking whether, I would like to proceed or not, and then return the form to MCOL. Once MCOl receive it back again, they transfer the claim to a local court....does this seem right...? Thanks robert

Hi All, I have read through New---after 28 Days - Maybe No Aq!!!!!!! and am keeping an eye on things. Nearing the 29th - should I be writing a "nudge" letter to DG Solicitors....? Robert

Thanks PinkDutchess! I will send the letter and charges off today (recorded delivery) to DG Solicitors with the extra paragraph about overdraft chrages as I worked through the advanced excel sheet. The Acknowledgement letter was dated 30th of April. What happens next....anything I can do or read to prepare other than wait...? Many thanks! robert

Hi everyone, need some help as I was ill for the past week and not in possesion of computer to follow through on things. Received letter from MCOL in the post titled "Notice of Issue" and mentioning that my claim was issued on the 26th of April, and that the court sent it to the defendant by first class psot on the 26th of April and deemed to be served on May 1st with the defendant has up May 15th to reply. Do I now send DG Solicitors the file...? and what exactly do I send them....? just the charges or also the letter that was sent to MCOL - i.e. particulars of claim Many thanks! robert

Ok - So got letter from Court (MCOL) that the notice has been served over the weekend.... Now I send letters to DG Solicitors (even though I have had no formal correspondence with them yet....?) Robert

JaneyKate, thanks for both of those responses. "it is 28 days from when the claim is deemed served" does that mean that I have served them when I made the claim yesterday on MCOL and sent the Court two copies of charges and cover letter....i.e. what does served mean? I have seen that it means two days after I snet it (assuming 1st class postage...?) Any idea when I sent DG their copies and do I send HSBC HQ a copy as well (that would seem a bit redundant....?) Thanks in advance....

Bong - I am now told that some statmenets can be retrieved but its on a case by case basis so I think HSBC have a 6 year blanket policy, but they can, depending on the account, provide longer dated statments.

JaneyKate, Thanks for advice! I have filed claim with MCOL yersterday and sent covering letter (as per this website) and schedule of charges to the court plus copy mcol claim receipt (which also has claim number on there) - unfortunatly not recorded delivery. -Is it 28 days from when I made claim or 28 days from acknowledgement...? -As time passes by, shouldn't my daily interest claim charge also need to be updated (probably neglible...) - Anything else I should be doing...? - When do I send letter to DG Solicitors and/or do I also send letter HSBC HQ...? Many thanks, Robert

MCOL Day - 14 day LBA letter term expires - Please please tell/confirm to me what needs to be done... 1) I have waited the 14 days and heard nothing. 2) I am preparing MCOL claim today. Copied the following wording into site (made necessary changes) . The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. 3) What else do I need to do and who else do in eed to sedn claim to? By registered post?????

Bong, Unfortunately its taking longer than I thought. The people I know have no clue on who to contact with regards to consumer record retention policy so I have had to try to find another way. On the one hand, I hear 6 years (paper, microfiche) and from someone else its 11 years. So...its hard to validate, although I am trying. They continue to claim its only 6 years but I think they are only thinking about the Limitation Act and not record retention/management policy which I am trying to get a hold of. The problem is I think loads of peopl ehaving been calling and asking. So its made getting the info more difficult. I will keep trying and keep everyone posted. Robert

Thanks for speedy response, off to post office. And sending it to Quality Service Centre, same place as prelim....I love this stuff, this is great!

LBA DAY - Just to confirm (as this is a hand holding excercise for me): 1) Sent out the standard worded LBA as per this site (just reworded first sentence as HSBC did respond, but not in a positive way i.e thank you and we will investigate your claim, blah blah) 2) sent out the revised claim using your advanced spreadsheet - which, was actually easier to use then I initially thought. Definitly recommend it. 3) Out in recorded delivery. Question: - Do i just send LBA out to the Quality Service Centre or do I send a copy to HQ as well (or is just the HQ copy) for the moneyclaim court...?

Bong, Your right, as I was staff, they didnt assess charges, and funny enough, would extend my overdraft from 1,500 to 3,000 to 5,000 and once up to 10,000 but charged me little if anything, then yanked the overdraft and assessed charges all while they provided a loan for continuing education - quite predatory. Will look into the microfiche dates and post as suggested on Tuesday when I get the info... Until then, thanks for support on contractual interest calculation...I I particulalry like the added function of feeding the data into the 8% interest tab - quite clever you guys! Thanks, Robert

Bong, as far I am aware, they hold statements, on microfiche, for 10+ years, but dont have precise figure. I will look into it. LBA - will go out as suggested with downward claim. (intial claim was roughly 6,000 - this is now half...) Finally managed to work through contractual interest (roughly 700 pounds) - I was hoping it was going to be more as they charge me roughly 70 - 90 pounds a month in interest. Oh well, shouldnt be gready I suppose. But I can understand now why its not a popular excericse to work through - but certainly worth it. Anyway, will look into the statements thing (with ex-colleagues) and come back with more certainty. Thanks, Robert

Vampires, I just want to make sure I am doing this right, I have entered the interest date as the date I am being charged, then the actual interest charge and finally the balance for the period in which I am being charged. The charges, as my overdraft went up to 6,000+ seem to be around 70 to 80 pounds a month but the interest on penalties remains quite low... Is this right. Also, the baalance should be a negative number...? Any chance of reclaiming the entire interest amount...? Thanks in advance,

Bong - thanks for that. I will work through your explanation. I might have to revise my initial claim downwards because I intially claimed for both (i.e. I just summed up all charges and sent of prelim) so think your suggestion of sending another prelim is a good idea and then follow-up shortly thereafter with the LBA which is due to go out on Tuesday. Will let you know how i get on... many thanks,

UPDATE (and Happy Easter) I am still a little confused with your explanation on overdraft interest Here the background: From 1997 until 2002 I was an HSBC employee and was provided with an authorized overdraft (with no interest charges whatsoever) - I recall the amount was roughly 3,000. Not very long after being made redundant, they took away the "authorized overdraft" and it became "unauthorized" without me having a chance to pay anything back. Long and short, they charged me interest every month for having, in effect an "unauthorized" overdraft an charging me interest each month for that amount as I refused to accept a "managed loan". I have two items on each statement listed as: 1) Interest to (the date so far) 2) Total Charges (which I think is a charge but not an interest charge) So I as I understand it (please confirm) I can reclaim the overdraft charge, total charge but how using your spreadsheet (advanced) do I claim back the interest charge...? Any help would be greatly appreciated.... Many thanks in advance...

Many thanks, will keep you posted and do my homework as suggested...

Hi everyone, Basic details: Claiming: £6,137 over 6 years Bit nervous and anxious - sent prelim beginning of this week. Anything else I should be doing? - Prepared LBA but not sure if should be adding interest just yet.... As always, any suggestions/advice/help would be greatly appreciated! Thanks,

Castlebest - quick question. I have sent off my prelim and am waiting 14 days, then sending LBA. With regards to MCOL and registering, I read somewhere on these threads that it may be better to file at a local court because apparently you cant list charges...? (not sure if I got that completely right). Anything else I can do but wait....?