This topic was closed on 09 March 2019.

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- Consumer Action Group

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Can't find this posted,

http://news.bbc.co.uk/1/hi/programmes/moneybox/5067454.stm

We were advised to lodge against the court nearest the head office of the bank we were dealing with. HSBC. I spoke to both the court nearest where the complaints department is and who we had sent all the letters to and the London branch. Bothg said the same.

Just filled in NI, printed it and then sent cheque list of chrges and N1 to court address.

You should be able to find the court you need online depending on the postcode. Ring them, find out how much the cheque should be for and them make it out to HMCS - Her Majestys Court Sevice - addressed to the court manager. But phone them first they are really helpful and will take you through the process.

This is a general question - not specific to a single bank so I hope you don't mind me posting here. My own thread is in the Scottish section but I'm claiming in England by post. I've read loads and now am not sure exactly what I put in particulars of claim -

The template does not have the details for interest as shown in the FAQ's :-

"Q. Can I claim interest?

A. When you put in a claim you should claim interest at the statutory rate of interest, which is currently 8%

You must write your claim in the following way:‘ The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £ …(put in the amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £… (put in daily rate of interest)

You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest."

So which one do I follow ? Also do I attached a printed copy of my spreadsheet ?

Much appreciated.

If it's Lloyds which is an English based bank you could go via English courts. See my thread.

I did a google for registered office for Bank of Scotland (Halifax), and it gave me:

 

The Wharf, Neville Street, Leeds, LS1 4AZ

and

Trinity Road, Halifax, West Yorkshire HX1 3RG

 

So, does this mean I can ask for more than £750 by sending to the nearest court of one of these 2 addresses, even though my branch is in Scotland, and so am I?

 

 

Note - we are also going back 6 years and not 5.

This question arises time and time again. Please note that if the bank has an address in England then you simply raise a claim on Form N1 and send to the local County Court of the Bank's registered office. I did this with A&L, I live in Scotland but raised an action in Leicester. It is not difficult or complicated in any way.

 

Only problem arises if the bank is also a Scottish Bank.

 

Hope this helps any future occurences of this question. It took me months of going round in circles to find out it was this simple, so don't want others doing the same thing.

Thanks for this. Our claim will go in via Head office.

My main thread is in the Scottish section - I hope you don't mind me asking a quick question here. How do I find the address/ contact details for the court nearest to HSBC head office @ 10 Lower Thames Street, London, EC3R 6AE ??

I can't use moneyclaim as in Scotland so have to mail everything.

Thanks in advance.

Edit - sorry found it ... no need to answer.

Sorry, not been in to update for a while, a couple of things worth mentioning though.

1. The person claiming received an offer of settlement for approx half of amount being claimed from HSBC.

2. Without any further prompting this was raised to around 2/3 of amount claimed ( without interest of course, as this hasn't been added yet ).

What's the consensus on these offers , should a letter be sent accepting the amount in part payment with a promise to pursue the rest ?

Anyway - times up so it's time to claim from English court, Now I had suggested a claim via Leeds court which is nearest to where all these letters have been sent as part of their complaints procedure. However , Robertxc - you mention it must be to their Head Office - i.e. London. Why does it need to be Head office ?

Next, I believe I can print off the forms from Moneyclaim and post them as you have advised me previously so I may be back if I get in a muddle.

Regards

LBA posted.

You should be able to choose where to lodge you claim. For simplicity sake I am helping a friend claim via English courts even though he lives in Scotland and opened his account here. This is mainly due to the claim being nearer 3k and it isn't a Scottish Headquartered bank. Anyway, it's already been done. Lookat Robertxc 's signature line. We won't be able to use moneyclaim online as English Adress required but it can be done by post - not exactly a hardship.

Update - Fourteen days up. Just preparing LBA.

Cheers, that;s what I thought. Need to go over to HSBC forum now - see what's been going on.

The fun begins.

We got an email back from HSBC, in answer to first letter - I was going to post it but there is a disclaimer at the bottom saying it may be 'legally privileged' and we should not cut or past it or disclose it any way.

Anway it just basically just gives us a case number and says they are investigsting and will reply more fully once that has been done.

Do I just ignore it and issue letter number 2 on the appropriate date ?

Congratulations. I hope you've updated the survey thread.

Moneyclaim ask for an address in England. If you do it all yourself by post I've been told you should be able to use your usual address.

If, sorry when we need to file an action it will be done manually and not through moneyclaim, they do require an address in England.

HSBC is not a Scottish company so I'm no trying to sue a Scottish company in the English courts just to avail myself of the better small claims procedure. I'm choosing to do it on their patch.

Another member has told me privately that he has done this already, albeit not with HSBC but another English based bank, that it was not too difficult and that the clerks at the county courts are quite helpful with the forms etc. Once he has everything completely settled I think he will post but he cannot do that at the moment.

I think, but need to check, that you still use the N1 form but post it out to the relevant court.

Just one other thing, although the banks will hold previous addresses I'd be very suprised if they held an indicator on an account to say which law applied when it was opened. And as I think I asked in earlier post - Are all the banks going to check every claimant on the off chance they come under Scottish law?

You may wish to read my post here - http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5115

In point 2 in my post the Act I mention :- 'Civil Jurisdiction and Judgments Act 1982' would apply to anyone in your position. This allows for cross-border cases and as the consumer is treated as the weaker party then they can choose where to bring an action. That's my reading of it but I could really do with someone with some legal expertise to comment. However, although in a slightly differnt position i.e. In Scotland, account opened in Scotland I am still going to persue via England.

Hope this helps.

One other point, as you now live in England and that is the address the bank has for you, I doubt very much they will trawl through your records on the off chance you used to live in Scotland and should be treated differently. They would have to do this for everyone. What do others think ?

Are you in the EU ? if so, it might be worth reading up on 'Civil Jurisdiction and Judgments Act 1982'. I looked it up in relation to cross border claims from Sctland to England but I think it covers the EU. Best google it.

I'd like to see a copy of the spreadsheet. We were just discussing this problem as we are unable to add interest in first letter due to the reasons you have given.

Thanks

Great. This is information that we badly need. Please keep us updated on what happens.

As far as prelim letter, can you post this in your thread and we'll reply there.

Will do.

Can anyone comment on my query on the explantion of 'charges' below ?

Going back to my original post - do you think I should try and get thes 'total charge ' or 'charge' explained by requesting a proper breakdown over the last 6 years or do would it be worth just claiming stating these non-specific amounts ?

 

Also - given the person who this is for still has an overdraft , should I advise him to move everything to another bank account that he has already got before embarking on this ?

 

I have been reading around the site and done various searches but haven't yet found anything that's gives clear guidelines on this . Your input is much appreciated.

We are about to make a claim against HSBC although account opened and maintained in Scotland. I would rather not maintain 2 threads but I thought this would be of interest to other Scottish based members. The link is

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=1342

The reasons for following this route are as follows -

1. claim well above the £750 limit requiring multiple claims in Scotland

2. I spoke to somone at Glasgow Sheriff court recently and they suggested I could try and lodge a claim in England. He said if it came under 'Civil Jurisdiction and Judgments Act 1982' then there shouldn't be a problem.

3. I believe this has already been done by another member who hopefully will confirm this via the forum.

4. Apparently you do not need an English address.

Although - I have read quite a bit about the 'Civil Jurisdiction and Judgments Act 1982' it perhaps be worth anyone with a bit of legal expertise commenting. In particular, it would be good to know if I should mention this in my initial correspondence.

Quick other question - when should the 'preliminary' letter be used over the 'letter before action' ?

Just bumping this thread as we have now decided to start this claim via the English courts as the amounts involved are much larger than the 750.

More importantly, I also believe another Scottish memeber has successfully done this without using an English address, athough against another English based bank.

We held back initiating the first letter until this decision was made.

Please could the board guides advise if I should maintain a link in the new Scotland board ( under General ) as may have far-reaching implications to others in a similar situation but who do not bank with HSBC.

Thanks