Hello to all, too many helpful people to mention, finally getting around to posting a message on this brilliant site. I have started a journal on my claim (two accounts from HSBC) and will start one against A&L based on the outcome. I admit I waited to see what the outcome was for my brother in law before I was completely convinced about the reclaim process (I know, I know, not very brave), but we are three weeks in and praying for a windfall for Christmas.
Have thought for a long time that what the banks are doing is so wrong, and they make SO much profit, it is apalling. Just a brief skim through varoius threads can add up to £50k+, its shocking.
My journal follows, would love to hear from anyone at a similar stage as me (PAR and LBA, had paper copies/internet access already hence no need for a S.A.R - (Subject Access Request)), or at a more advanced/successful stage!!
Journal pasted in below. Sorry for the length, all the next messages will be shorter I promise!!!!
Danny
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.
All charges, mark down dates and reasons on paper, then mark onto spreadsheet, then send request.
(1) S.A.R - (Subject Access Request) (if no statements)
1 - prelim app for repay
2 - Letter befor action
3 - N1
4 - 5. Money Claim On-Line (MCOL) Particulars of Claim
(MCOL: positioning you for a new kind of health care)
http://www.consumeractiongroup.c o....back-your.html
Journal of Events:
23/10/06
Preliminary Application for Repayment sent for both accounts with HSBC (9xxxxxxx and 9xxxxxxx)
7/11/06
No reply to either letter, so LBA sent.
14/11/06
Have just found a better HSBC address, but the site reckons the letters get to where they need to be by internal mail anyway.
Mr David Lewis, Head of Customer Relations,
Level 36,
8 canada Square, London, E14 5HQ.
Tel 020 7991 8550 Fax 020 7991 4992
21/11/06
Claim forms generated using MCOL - this bit is so much easier than I thought it would be, just make sure you put the right text in for the claim details - there is a template for this on this site, but:
Claimant has account with Defendant for
many years > years conducted on their standard terms and conditions.
Claimant is claiming the return of
taken by Defendant in charges over 6 years. The Defendant's charges are
a disproportionate penalty and therefore unenforceable as they are
contrary to common law. They are also invalid under the Unfair Contracts
Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts
Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are
not a penalty they are unreasonable within the meaning of the Supply of
Goods and Services Act 1982 s.15. Defendant has declined justification
of charges despite repeated requests. Claimant claims interest under
Sec.69 of the County Courts Act 1984 at a rate of 8% a year from
insert date > to of .
I also put a claim for interest, so had to add the text it states (copy/paste) on the pop up, daily rate is 0.022% (8%/365).