ALumb05 vs HBOS (round 2)

[alumb05]

Hi

 

I am guessing this is a standard letter (attached) but could somebody let me know what i should do next as i'm a little confused as to wether i should continue as i have done in my previous cases. I'm not sure if the recent court decisions have made any difference to the procedures for claiming back charges. Here is the letter i recieved after i had sent my 'Preliminary approach for Repayment' letter.

 

 

Thanks in advance

[PGH7447]

standard fare, just make sure you start the reclaim regardless, also if they chase you for any overdraft just throw this letter back at them, works both ways you know

[alumb05]

Thanks

 

I'll send the Letter before action...

 

 

[your address]

 

 

 

[their address]

 

 

[date]

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

You have failed to respond to my letter of the [XXXXXXX - date of preliminary letter] and its enclosed schedule.

 

I enclose a further copy of that letter and a further copy of a schedule of the money which you owe me.

 

If you do not return my money to me within 14 days [and make the personal data amendments which I require] I shall issue proceedings in the County Court and without any further notice to you.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

[alumb05]

ooops, pasted wrong letter above, i won't be sending that one, just looking for correct template

[alumb05]

I'm having trouble finding the 'Letter Before Action' template. I found the one i pasted above but that is for when they did not reply. They did reply to me though so i need an alternative template. Can somebody please paste a link, thanks.

[PGH7447]

Letter Before Action - Consumer Wiki

[alumb05]

I'm not sure why, but i thought i read it on one of the templates for the 'Preliminary approach for repayment' that i should not include my claim for overdraft interest. I'm sure i read i should just include this in the 'Letter before action'. I'm probably wrong though! Is it too late now to include it as i didn't add it to my previous letter? (it's only £35)

[PGH7447]

just add it on, chances are they wont have read your first letter anyway

[alumb05]

Hi

 

I have now recieved a letter from them in response to my letter telling them that the next stage is court. I'm guessing it is just a standard letter but i want to confirm that my next course of action should be to file with HMCS Money Claim Online. Here is the letter.....

 

------------------------------------------------------

 

Thankyou for your letter dated 16th July 2009.

 

As Advised in our letter dated 15th June 2009 we have asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with unarranged overdraft bank fees complaints.

 

Until the banks legal proceedings with the Office of Fair Trading (OFT) are concluded we will not issue or respond to any further communications recieved from you on this matter.

 

You have requested a copy of the terms and conditions which can be obtained from your local branch.

 

We can assure you that your complaint has been registered and will be resolved as quickly as possible once the banks legal proceedings with the OFT are concluded.

 

We will keep you updated approriately about the proceedings with the OFT and you can also check the latest position on our website.

 

Your Sincerely.......

 

-----------------------------------------------

 

Thanks in advance

[alumb05]

Does anyone have any thoughts on the above letter?

 

Thanks

[alumb05]

Hi

 

Pleeeeeeeeease could someone who knows more than me about these procedures have a look at the letter i was sent from HBOS (a couple of posts ago, not the scanned doc) and let me know if i should now continue as normal and file with HMCS Money Claim Online or let me know if i need to hold off because what they say is true.

 

Many thanks

[maroondevo52]

Hi,

 

Yes, thats a standard reply, file your claim, I think it's better if you file at your local County Court.

 

Regards.

 

Scott.

[alumb05]

hi, i phoned my local county court and they pointed me back to the HMCS website so i have registered on there and i'm just about to start the claim.

 

Thanks for getting back to me on this.

[maroondevo52]

Good stuff, let us know how you get on.

 

Regards.

 

Scott.

[alumb05]

I have just read this so i will ignore the lady from the court and do as you have advised and as it says here.....

 

Particulars Of Claim(Money Claim - Consumer Wiki)

 

thanks

[alumb05]

Hi

 

I am confused filling in the N1 Form. In my Letter before action (see below) i requested £329 plus £35.20 in overdraft interest. This was the amount of interest as of 13/07/09.

 

----------------------------------

13/07/09

I calculate that you have taken £329 plus £35.20 which you have charged me in overdraft interest for the sum which you have taken. Total £364.20. I am enclosing a copy of the schedule of the charges which I am claiming.

----------------------------------

 

In the template for the N1 Form it asks for a figure for 'Associated overdraft interest charges' and also 'Interest under s.69 County Courts Act 1984'. Which one of these is the £35.20? I presume it is the 'Associated overdraft interest charges' and the 'Interest under s.69 County Courts Act 1984' is for any interest i am entitled to from 13/07/09 to the day i lodge my claim??

 

----------------------------

Charges £xxx.xx

Associated overdraft interest charges £xxx.xx

Restituionary damages, or-

 

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

----------------------------

 

 

Also, what will the court fee be?

 

Any help is much appreciated

 

Thanks

[saintly_1]

Which one of these is the £35.20? I presume it is the 'Associated overdraft interest charges'

Yes

 

 

s69 interest = 329 x 0.00022

[alumb05]

WOW 0.07p, it's not even worth it!!

 

Thanks for your help, any ideas where on the web i can find out how much the court costs are?

 

Thanks

[saintly_1]

Small Claims Court made easy. Low cost debt and cash recovery.