how to take legal action against hsbc?

[citizenB]

noddy, is there any chance we can see their defence, please ?

[noddy997]

Just to clarify, you were inside your o/d limit at all times, yet at some point they demanded the full amount to be repaid ?

 

Did they give you a reason for this?

 

They accepted 75% of the outstanding amount as a Full and Final settlement - then put a default on your records for the 25% ?

 

Inside the £1000 O/D limit at all times. However, apparently their contract states "any o/d limit can be requested to be paid in full" as a student you aren't rolling in money to just cough up £900 to pay someone.

 

I'll scan and upload their defence now.

[citizenB]

Ok, so even though you maintained the account as it should have been within the O/D and knowing that you were student, for some reason best known to themselves, they decided to demand the o/d be repaid.

 

I would say that they have not Treated you Fairly.. have you had a read of BCOBs - the articles are linked in my signature and highlighted in green.

[Old Cogger]

HSBC if you challenge on any point of overdraft they say we can demand closure immediatly or as they try to say you have 160-190 days to repay regardless they authorised in the annual review and chatged "25.00 for their reckless chatrging to bring overdraft over limit for 2 days until they refunded to correct account. Mind you MIDLAND BANK T&Cs seem unavailable from thr 90s.

[noddy997]

Right guys, the defence is uploaded.

 

I did ask for £10k so aint far off from Durkin but if you dont ask you dont get.

 

Another flaw I identified - if you look on page 1 (defence 1) you will see on paragraph 3) it says "£500 overdraft limit" this is wrong, it was £1000, and I have old statements to prove this which I shall upload now as well.

 

They are also claiming that it was from May 2011 when the DCA's chased me for the £216. However, they have been doing so since October 2010 (again I have their correspondance).

 

And the phone call settlement letter which I never got, I wrote to them on 28/05/12. Ill upload this too.

defence 3.pdf

defence 2.pdf

defence 1.pdf

Edited August 15, 2012 by noddy997

[noddy997]

Letter from HSBC saying I am within my £1000 O/D limit.

 

And the last letter I wrote to HSBC...

 

@ citzenb - I am flicking through them now.

 

Cheers

hsbc 5 - Copy.doc

letter.pdf

Edited August 15, 2012 by noddy997

[Durkin]

Noddy,

 

Try and concentrate on the one simple fact that should net you £5K. Don't ask for more or you'll end up in the higher court.

 

General damage to creditworthiness commands reparation of £8K without needing to prove anything other than they've already accepted. Ask for £5K no more.

 

It seems like you might need to lodge a minute of ammendment to simplify this.

 

Try taking everything to the in court advisor at Nottingham where it'll eventualy end up and get help from them.

 

Keep it simple. You must mention the general damage to creditwothiness though and you could also refer to my case and Kpohraror v Woolwich.

 

They've admitted lodging the default (crying they did it in error but still didn't remove it quick enough to allow you to get a mortgage). Pure malice.

 

Enjoy the ride. Should be over soon. You're all set to be the trail blazer.

 

I might not have very good comms offshore for the next few weeks.

 

Richard

[noddy997]

Shall I not reply to the offer DG made me?

 

When they gave me a copy of the defence they said to acknowledge that I received it.

 

So shall I ring them up acknolwegde that, and shall I ask them to reconsider the offer or shall I not talk about that and leave that with the courts?

 

Also what is a minute of ammendment?

 

Cheers

[citizenB]

Ok, you need to respond to each contentious point. Not least that being that they claim you were over your o/d limit and that they have statements to prove it.

 

You should point out, refer to and include copies of, the letter from HSBC that state you have a £1,000 overdraft limit in place and not the £500 they advise in their WS.

 

When you opened the account were you made aware of the condition they point out in their letter .. that the overdraft was dependant upon monies being put into the account regularly ?

 

As Durkin points out - you must keep this below £5,000 or you could end up liable for costs.

 

The stress and damage obviously comes from attempting to resolve the situation amicably by letter and phone and coming up against their obstructive customer service. That you were being denied access to decent rates for a mortgage loan once lenders saw the default marker on your Credit files.

[noddy997]

I want to keep it at less than £5000 I dont want more.

 

No I wasnt aware of the money being paid into the account at the time of opening and no one said this.

 

So I would have to respond to each of the points in their defence? I will also be adding some of my own points as well.

 

And I couldnt get a mortgage, the issue about mortgage "rates" does not even come in to the picture, it was a simple "no/decline/reject"!

 

Does my case look strong enough? Its good to ask a third party than myself if that makes sense. It was only today when uploading the defence for you guys that I realised they mentioned the o/d is £500, my bp raised and I thought what the hell, until I checked the uploaded letter and statement.

[Durkin]

Shall I not reply to the offer DG made me?

 

When they gave me a copy of the defence they said to acknowledge that I received it.

 

So shall I ring them up acknolwegde that, and shall I ask them to reconsider the offer or shall I not talk about that and leave that with the courts?

 

Also what is a minute of ammendment?

 

Cheers

 

A minute of ammendment (MOM) is an instrument that allows you to alter your pleadings before the hearing. It costs about £50 I think to lodge. It really would be worth chatting with the in court advisor.

 

I think it's important to have somewhere in your pleadings that you're claiming for general loss of creditworthiness. If you claim anything else, you'll be asked to prove stuff where there's no need.

 

It's entirely up to you if you want to ask them to reconsider. As the date is close now, they may just leave it for the court anyway where they should get their ear bent if you've asked for the right thing in writing.

[Old Cogger]

Right guys, the defence is uploaded.

 

I did ask for £10k so aint far off from Durkin but if you dont ask you dont get.

 

Another flaw I identified - if you look on page 1 (defence 1) you will see on paragraph 3) it says "£500 overdraft limit" this is wrong, it was £1000, and I have old statements to prove this which I shall upload now as well.

 

They are also claiming that it was from May 2011 when the DCA's chased me for the £216. However, they have been doing so since October 2010 (again I have their correspondance).

 

And the phone call settlement letter which I never got, I wrote to them on 28/05/12. Ill upload this too.

 

 

 

Well the usual Human Error HSBC try to get away with in court and do),

[noddy997]

@ Durkin - cheers I will see into this in the morning.

 

@ Mikie - lol please dont say that! They sign the defence and clearly it says "the information I have provided is true to my knowledge" - and clearly it isn't!

[noddy997]

I have added the particulars of claim - they dont look strong...

particulars.pdf

[Old Cogger]

in court had admissions in a statement of errors (comedy of errors) the response was quote:- unfortuantly Banks do make mistakes, I was then told to keep quiet and listen to their solicitor.

[citizenB]

Ouch.. !!

[noddy997]

in court had admissions in a statement of errors (comedy of errors) the response was quote:- unfortuantly Banks do make mistakes, I was then told to keep quiet and listen to their solicitor.

 

Well for me its been 4 mistakes so far:

 

1) The default

2) The £500 o/d limit not £1000

3) The letter they sent out for acknolwedgement (which I never got)

4) and the mixup of the phone call date

 

How many more mistakes can they make on 1 person?!

[Old Cogger]

Well for me its been 4 mistakes so far:

 

1) The default

2) The £500 o/d limit not £1000

3) The letter they sent out for acknolwedgement (which I never got)

4) and the mixup of the phone call date

 

How many more mistakes can they make on 1 person?!

 

Er Um (scratch head) , wonder what William Hill!s odds would be on Nil?

[noddy997]

Do you think my particulars need ammending?

[Durkin]

Do you think my particulars need ammending?

 

Yes. Mention general damages to creditworthiness. This you don't have to prove. The rest you do.

 

The judge is unlikely to award damages that you don't ask for.

 

It's too stressfull claiming for the stress, particularly when the claim for general damages will take you to the £5K limit anyway.

 

Good luck.

[noddy997]

Ah gotchya! I thought it would do fine where I said "unable to obtain mortgage".

 

I'll have to speak to someone tommorow and see about changing it / doing what you said.

 

Cheers

[supasta1]

That defence is a dream come true lol, they have already admitted that they entries on your credit file were a mistake, if you take note of Durkin's advice and mention the damage to your cteditworthiness then this case is game, set and match

[noddy997]

That defence is a dream come true lol, they have already admitted that they entries on your credit file were a mistake, if you take note of Durkin's advice and mention the damage to your cteditworthiness then this case is game, set and match

 

Yes but many have different views. Lol!! Grr it winds me up and makes me sick in the stomach - you know the feeling you get when you been treated like sh*t!!

[TM123]

Durkin

 

What happened when one has two incorrect defults placed on credit file by two different banks. Can you take both to court and claim £5k from each.

[noddy997]

just spoke to them, they said it costs £45 and it is like starting the process all over again and if its not accepted then the whole claim becomes null!!

 

Is this correct??

 

 

This what I got in the email from them (is this what I need to do):

 

Dear Sir

Enquiry – there is an error on the claim I’ve issued that requires amendment.

Further to your recent enquiry you will need to complete ‘N1 CPC Claim Form’ and ‘Application Notice’ (N244) to apply to amend and reissue the claim.

How to Apply

Complete ‘N1 CPC Claim Form’ as follows: (Click here to download N1 CPC)

· In order to make your application you must provide an amended copy of the ‘N1 CPC Claim Form’ for each Defendant which you must produce yourself.

· At this stage it would be helpful to print off the reference copy of your claim form.

· Log into your money claim online account using your User ID and Password.

· Go to Claim History on your Homepage and click the appropriate Claim number. This will open the Claim Overview page which will provide a link to areference copy of the claim form in PDF format entitled ‘View as PDF. (The ‘reference copy’ is not a legal document and should not be submitted but it may be needed when completing your amended ‘N1 CPC Claim Form’).

· Click on the link to open the document then print off a copy.

· Now duplicate the information from the reference copy of the ‘N1 CPC Claim Form’ onto the blank ‘N1 CPC Claim Form’ so you achieve an exact copy of the original document that was sent to the Defendant.

· Strike through any information that is to be removed or amended e.g. an incorrect defendant name or address with a single clean line usingred ink.

· Add any new information next to the original and underline it usingred ink.

· Sign the amended claim form.

For all court Applications

· All information must be clear and legible.

· Use of correction fluid such as Tippex is not permitted.

· If any mistakes are made on any court forms or cheques they must be struck through in a single clean line and initialled.

Complete ‘Application Notice’ form N244 as follows:(Click here to download N244)

· Quote your Claim number in the relevant box on the top right of the N244.

· In questions 1 and 2 clarify who you are and how you are related to the claim e.g. Claimant, Solicitor etc…

· In question 3 write the order you are seeking (See completing question 3 below) and provide a reason for making the application.

· It is not necessary to complete questions 4 – 9

· In question 10 clarify what evidence you wish to rely on in support of your application, if necessary providing any further details in the box provided.

· Sign the statement of truth in section 10.

· The applicant must sign the application in section 11; third party signatures are not accepted.

Completing question 3

· More than one order can be applied for on a single application for a single fee using the Application Notice (N244) however all orders sought should be stated in the box provided for question 3. e.g. ‘Amend the particulars of claim’ and ‘Re Serve the Claim Form’.

· If the claim is over 1 month old you should ask to ‘extend the life of the claim’ giving a period of extension e.g. ‘Extend the life of the Claim until…’

· If applying to amend the particulars of the claim you should write this including what you are amending from and to e.g. ‘Amend the Particulars of Claim removing … and adding…’ You must still keep the particulars of claimwithin 1080 characters and 24 lines.

· Your application feecannot be added to the amount claimed.

If you do not comply with the above the application will be returned to you.

Application Fee

There is a£45.00 fee. Payment should be made by postal order or cheque made payable to HMCTS.

What happens next

Once you have paid the fee your case will be referred to a District Judge for directions.

PLEASE NOTE

NO APPLICATIONS ARE AUTOMATICALLY GRANTED. THE OUTCOME OF YOUR APPLICATION IS AT THE DISCRETION OF THE DISTRICT JUDGE.

Edited August 16, 2012 by noddy997