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westwalian

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Everything posted by westwalian

  1. Hi Jono I'm not far behind you......received the notice of issue from my MCOL claim today by post. To be served on the 25th Nov, HSBC have until 9th Dec to reply! This is scary now!! Knowing my luck, I'll be the first in that dock!!! Amanda
  2. Oh jeez, any update on how to proceed? Got my MCOL Notice of Issue today (23.11.06) they have until 9th Dec to reply. Cheers Amanda
  3. Hi Sarah I'm periodically monitoring your thread with great interest......filed my MCOL on 20.11.06, they have until 9th Dec to repond! I'm trying to research as many threads as I can for advice, my head hurts sometimes!!!My pulse rate is rising now!!! Got my acknowledgment of my claim from the court today. Watch this space!! Amanda
  4. Just read this thread, oh jeez, I've submitted my MCOL and received acknowlegment in the post today. Defendant has until the 9th Dec to reply! Knowing my luck, I'll have to go to court, surely they must planning a defence mechanism with the volume of claims being submitted?!!
  5. Thanks for your prompt response.......yes would appreciate the address details please? I'll send them a covering letter plus a copy of my charges as suggested. Thanks again Amanda
  6. Thanks Bong, yeah I've already amended it accordingly. Here goes....... Apologies LivelyLad....will do.
  7. Oh my god, just read this thread, submitted my MCOL today! Will be monitoring this with great interest!!!
  8. Congratulations! Just submitted my MCOL today........pretty scared! I hope to god I've got everything right on there!
  9. Below is my text ready for the MCOL claim (due to be submitted today).....however Im a bit perplexed with the advice given under jonni2bad thread? re: at the end where its mentioned about the section in blue...(enter interest total at date of claim) is for guidance only and should NOT be included in the text of your claim. Can someone explain......from the body of the template, it seems that you need to enter the interest however the above states NOT, very confused!:-? Is the below OK? Really appreciate some guidance, thanks again all. Amanda:-| 1. The Claimant has two accounts xxxxxxxxxx opened 6.12.96 and xxxxxxxx opened 27.11.03 with the Defendant 2. Since 27.10.2001 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 £xxxxxxxx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxxxxxxx continuing at 8% until judgment or settlement at a daily rate of £0.00022; 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. .. .
  10. Hi all Been reading loads of threads especially the step to step guide........if you send your claim via MCOL, do I need to send another copy of the charges to the bank? Or hang fire until they respond? Thank you again......getting a little nervous!!
  11. 19th Oct sent SAR - received response with statements on 27.10.06. Sent LBA on 2.11.06 claiming £61.28 charges. 9.11.06 received a letter advising me that investigations are underway. 13.11.06 received a letter from RBS as below. Has anyone had this response, if so, where do I go from here please? There seems to be cross lines with the letters!! Thank you for reading this and looking forward to a reply. Thanks again Amanda Thank you for your letter dated 2.11.06, concerning the charges that have been applied to your account. The Terms and Conditions that you agreed to when opening this account do state that if we do not receive your payment by the due date given on your statement or you exceed the assigned credit limit on your account, then interest will automatically be calculated and you will also receive a default charge. As advised on the reverse of your monthly statement, it is recommended that sufficient time be allowed for payment to reach us by the given date. The Royal Bank of Scotland has considered the Office of Fair Trading's view that fees charged by credit card companies are excessive, and do not represent the actual losses incurred. The Royal Bank of Scotland is committed to ensuring that its customers understand its charges and we provide them with every opportunity to avoid paying them. We do review individual cases where fees have been applied to credit card accounts, treating each one on its own merits. Whilst The Royal Bank of Scotland strongly disagree with the Office of Fair Trading's legal position on credit card default charges, has lowered its late payment and over limit fees for credit cards to £12.00. Against that background, we must differ to the views expressed in your letter and accordingly, the charges that have been applied to your account will stand. I am able to provide you with your account records held on file and copy statements, which will detail any charges that may have been applied to your account. Please note that under the Data Protection Act 1998, a fee of £10.00 is required for the provision of this information. (I have already had these from the previous letter!!!!!). Should you require this information then please forward a cheque, made payable to the Royal Bank of Scotland, once cleared the account records and statements will be posted to you. If after 2 January you remain dissatisfied then you can ask the Financial Ombudsman Service to look at your case. A leaflet was sent to you on 9 November 2006 explaining how the Ombudsman works and how to get in touch with them. If you need another copy of the leaflet then please let me know and I'll send you one. However, if you are happy with my letter then you do not need to do anything else. Ms Jones, while I realise my response may not provide you with the outcome you would have expected, I trust my explanantion clarifies our position. Yours sincerely Jeff Wiseman Customer Care Team
  12. Hi Michaela I'm in the same boat as you, sent both my prem and LBA, no response, submitted my claim on Wed (14 days are up), bring it on!! (She says anxiously!!!) I'm not backing out now..... keep me posted? Amanda
  13. Hi Alison I've got 2 accounts I'm claiming for, did you get a response to your previous i.e. submitting one claim for 2 accounts? Thanks Amanda
  14. Hi Becks I'm in the same boat as you......sent my prem and lba, no response, I've tracked the recorded delivery on the PO site so I've printed them off as proof of delivery. Just managed to work out the 8% charges,I think!! So I'm due to file my claim on Wed when the next 14 days are up!! Keep me updated eh and visa versa? Amanda
  15. When you're claiming for two accounts, can I include the two accounts in the one claim on MCOL? Or do I have to do this individually?
  16. Hi Sarah Thanks for the prompt reply.....yeah not sure what happened there, my printer has gone nuts too!!! OK just going through some threads and the templates, will be in touch if I get stuck.....which I probably will.....dumb blonde!!! Amanda
  17. Hi Sarah Can you let me know how you're getting on? Due to send my MCOL on Wed!!!I haven't heard a thing from HSBC re: both letters.:-| Trying to get my head around the interest calculation....arghhh!!! Amanda
  18. Hi Sarah Can you let me know how you're getting on? Due to send my MCOL on Wed!!!I haven't heard a thing from HSBC re: both letters. Trying to get my head around the interest calculation....arghhh!!! Amanda
  19. Hi Sarah How are you getting on? Due to lodge my MCOL on Wed!!! Have not heard a thing from HSBC! Been trying to get my head around the interest calculation? Any tips?
  20. Hi Sarah How are you getting on? Due to lodge my MCOL on Wed!!! Have not heard a thing from HSBC! Been trying to get my head around the interest calculation? Any tips?
  21. Hi All Just sent my LBA to HSBC, being doing some research to try and get my head around on the court procedure! Bit confused! What's the best option MCOL or the Small Claims Pack you can buy on line? Any suggestions or advice? Thanks again.
  22. Thanks for the prompt reply. Yes I have made a note on the schedule that it has been amended and called it version 2. Also, I have made a note of the amendment for cross reference. It's surprising the little things you pick up! My LBA letter is due to be sent on Wed, so heads down and double, triple and quadruple check everything!! Also I've been reading up on the court procedures and bringing the case to court, phew!! Time for a glass of vino!!!!
  23. Hi all Another question, just found a little 'blip' on my spreadsheet which I'd already sent a copy of to the bank with my 1st approach. I have since corrected the error and also entered another charge which I missed from the last spreadsheet therefore saved as version 2. Will this be ok, will it affect my chances if they see that i've got an error in my calculations?
  24. Hi all Thought I had botched my claim......sent my spreadsheet with the 1st approach letter on the 18.10.06, however I did not include the reason for the charge on my spreadsheet! DOH! I have now been reassured that I can update my spreadsheet for the next approach. On receiving and checking my HSBC statements, the predominent wording is 'Total Charges'. Is that sufficient to put onto the spreadsheet? If not, how do I find out the actual penalty wording? LBA being sent tomorrow 2.11.06 - blood pressure rising!! RBS - Prem 2.11.06
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