anya vs HSBC

[anya]

I am due to file my claim if I get no response by Tuesday. I have been to MCOL site to have a look and it appears that you can't file online if you need fees waived? I am on benefit and am wondering if anyone has gone to their local court to file a claim and got the fee assistance? I can't afford the court cost until the end of the month- which would give the bank longer to comply.. but I'm wondering if I should go to the court and see if I can escape the fee to stick to my original time frame?

 

Anyone have any experience of doing this?

 

TIA

[BankFodder]

Lots of peope have. Don't worry. go tothe court. File an N1. make sure that you atach your schedule of charges to it. N1 is actually better than Moneyclaim.

 

the court staff will help you apply for fee waiver

[Bookworm]

.

 

5 threads merged. Can you please post your updates and queries on the one thread?

 

.

[anya]

Thanks for that Bank Fodder:)

 

Sorry Bookworm, I will do from this point forward.

[anya]

Had no reply yet to my LBA. Deadline tomorrow. Just wondering if when I put in my claim if I am able to add on charges applied since I sent the LBA? If so do I just add it to the submitted schedule of charges I submit to the courts?

 

I believe this is the stage where I would also add on the 8%.. which if I file my claim tomorrow should be £426 I believe if I have done it right.

I haven't been able to open the spreadsheet in the library, but have just calculated daily interest on the total amount since the first charge I am claiming. Not sure if this is right.. but.. if it is, I am surprised I haven't had a response from the bank if they don't want to part with even more of thier ill gotten gains??

[anya]

Yesterday I went and handed my claim into the court. I was told that I would be sent a claim number within the next 14 days. Today I received the standard letter from HSBC making me an offer of £1660, I had asked for £1845. When i made the claim at county, I had added on a new charge and the 8% as well taking it up to £2028. So this latter is the amount I am now after. I will search other posts to see if I can find out how others have proceeded from this point to get the whole amount? :idea: Or if anyone can give me some ideas on how to respond?

[anya]

I keep on posting my queries here even though I get no response . BUT if anyone else does read this and has the answer, Please share it with me- I am grateful for replies!

 

1) Have I calculated the 8% interest correctly?

I see others with similar amounts to claim back as me with much higher interest amounts than me? I took 8% from each charge from the day it became owed- so money owing from 3 years ago would be higher than the charge interest applied last month..

Are others simply claiming 8% on the whole amount backdated to the first date any money became owed?

 

2)I put my claim in the county court but the next day had an offer from the bank. Do I have to reply to the bank? it's not the amount I was asking for, and the letter says if we get no response we will take it you have refused the offer...

 

TIA:)

[davisc02]

Hi,

 

I'm know where near the stage your at but I think I may have read every page on this website:o . The way I see the 8% interest is that you add onto each charge individually i.e a £30 unpaid DD from 01/08/2000 will work out at say £21.08 interest whereas a £30 unpaid DD from 01/06/2006 will be 17p. The spreadsheet adds all the individual charges and all the individual interest amounts relating to those charges.

As for replying to the bank, I have read two things. Either send a letter saying you are happy to accept this as part payment but you still owe the difference and carry on or ignore and just stick to your timetables which I believe for you is money claim time.

 

Hope this helps

[anya]

Thanks for that davisc02. I figured that was the way to work out the interest but my final amount is nothing compared to what I have been seeing claimed for by others at litigation stage so just wanted to double check.

 

I have also read that some people send letters to say they would accept as part payment and then carry on with MC - but I had already taken my N1 claim form to the county court the day Before I got the letter making an offer from the bank. I think I am going to let the claim stand as a response to the offer. Mr Langdale must be dealing with so many of these anyway, it will be hard to tell one claim against another!

 

Thanks again for your response. Even after reading all the FAQ's and browsing the whole forum, a little assurance here and there doesn't go amiss. Good Luck with your claim!

[Stuart Shields]

Hi Anya

I’ve just had exactly the same situation. I issued the claim at MCOL on July 13th (which was deemed to be served on the 18th). It was acknowledged by HSBC on the 19th. I received a letter dated July 14th offering full settlement – however I was going to be out of pocket £50 MCOL fees, and the 8% interest. I sent them another letter rejecting this and then having left it for a few days I received a note from HSBC’s solicitors offering the full whack. At the end of the day it’s the court case that the banks are most concerned about – so I’d press on and go for the full claim plus all your costs.

 

If I had any doubts over the strategy I’d wish you good luck – but I don’t - so sit tight!

Best wishes

Stuart

[anya]

I sent the following letter to hsbc:

 

Dear Mr Langdale

Ref: XXXXXXXXXXXX

 

Thank you for your letter dated 19 July 2006 making an offer of £1660.00 from the £1845.00 of bank charges I requested.

I must inform you however that I had already put in a claim with the courts on 19 July 2006, following my letter before action dated 3 July 2006.

The new amount I am asking for is £2028.79. This amount includes an updated amount of charges applied to my account up to the time of submitting my claim, as well as interest under section 69 of the County Courts Act 1984 at the rate of 8% per year.

I will therefore accept £2028.79 in full and final settlement of this matter . Until this amount has been credited to my account the claim will continue to follow the procedure of the courts. You should be hearing from them very shortly.

 

me x

 

The only thing I regret saying is the full and final settlement bit- I have just had another lot of charges added to my account so its not final afterall...

[rmoody70]

Claim them as before ( when youve got the refund ), but beware the 2nd claim is when they shut u down. They are hungry and selfish bears and will turn u over and under at any opportunity.

[anya]

Yes, I want these new charges refunded- but because of the likelihood of having my account closed I will wait the new charges out for a while. I don't want to lose my switch/ Credit/ chequing facilities before I have to- if only they would charge me a reasonable amount- the swine!

[anya]

Well here it is. DC Solicitors are offering the full amount and want me to sign to secrecy. Do I just *delete as appropriate? I accept the money. *I agree to keep my claim a BIG SECRET...?

 

I won't be happy til the money is actually in my account. Even then I won't be fully happy as the cheeky beggars are still applying charges to my account.

 

Is it worth emailing them to remind them of the findings of the OFT and just ask them to refund the charges? Or will this be enough to make them want to close my account? I want to keep my account if I can help it- I just don't want the excessive charges..

 

I have noticed that since starting this, the smiley helpful voice on the other end of the HSBC telephone has turned a bit sour and official toward me. Do you think there is a mark on their monitors next to my name which means they are now obliged to use a testy tone with me in all future communications?

They were all smiley and polite to me when they were getting away with reaping my account for every penny, but now they've been rumbled they don't have the same courteous regard for some reason?

 

well off to the post box with my acceptance for them to arrange a refund. Anyone know how long now til I see my money?

[anya]

Money been refunded!

[Mealz]

Congratulations!

 

I sent off my preliminary letter to HSBC today, and to tell the truth I'm a bit nervous about the whole thing!

Hope mine goes as smoothly as yours appeared to!

Well done!

[angela1606]

congrats hopefully not far behind ya well done xx

[anya]

Thanks, I have to hand the credit for it going so smoothly over to the CAG/ BAG- its all thanks to them for their expertise- Not to mention Vampiress's spreadsheets... They all deserve a medal!

 

I can honestly say there isn't anything to be nervous about. My own lack of prior experience in claiming back charges was the only scary part. But following the steps set out on the forum was really straight forward.

 

I know a lot of people have commented how it isn't even so much the money, but the principle of the thing that matters to them- well for me, as a single parent on benefits, it's way more than that to me. I know banks rely on people like me who struggle to make ends meet, to account for their billions in annual profits, but I don't feel sorry for them. They didn't feel sorry taking the food out of our mouths, by prioritising their profits over and above all else. If they weren't in the wrong they wouldn't pay it back, but they are and they have.

 

I have nothing but gratitude for the mods/admin here who are volunteering their valuable time to help us all out with this battle against the banking giants.

 

It's like a modern day take on Robin Hood - except on the right side of the law...

[jasdang]

MAVERICK,

 

I am a bit stuck. Could you please tell me the address for sending a repayment of charges letter with summary of charges to HSBC.Who should I address it to. Hope you will put me in right direction.Thanks in anticipation.

 

Regards,

dang