Bong v HSBC *Contractual Interest & 13yr claim**WON!!!**

[Guest bong]

Cheers everyone. All in all I think they are being very wise not going to court - to put it in very unladylike language they are stuffed whichever way they try to play it - lawful and we've got them on concealment throughout, or unlawful - which speaks for itself! Would you agree?

[maroonfox5]

Great thread just linking in.

Cheers

 

MF5

[Guest bong]

thank you mf5.

[livelylad]

Just watching.

[Guest bong]

glad to see it:p

[the_final_straw]

Watching this with great interest (yes, pun intened!)

 

May be back to pick your brains when I've got all my statements!

 

Hope thats OK Bong.

[Guest bong]

better be quick, they're fast deteriorating with all the info there is to digest here !!

[the_final_straw]

Thats half the problem!!

 

There is just SO MUCH info.

 

People going for unlawful bank charges alone

Peopel going for 8%

People going for 8% (court rate)

People going for Contractual

People going for Compound Contractual

People going for 8% in the event of not awarded Contractual

 

My head is spinning!

[Guest bong]

you forgot one - the overdraft interest:D

[the_final_straw]

aaarrrggghhhh!!!!

[bill-k]

aaarrrggghhhh!!!!

 

PMSL

 

- your thread's getting popular here, Bong !!

 

Hope you can keep up, cos I keep losin' it, too - just like Final Straw !!

[Guest bong]

You better not lose it bill, one of us has to stay sane around here. Still, if it all goes pear shaped on me and you end up losing your marbles, I could still borrow you to stare at em with that fine Gorilla eyeball of yours .

[bill-k]

You better not lose it bill, one of us has to stay sane around here. Still, if it all goes pear shaped on me and you end up losing your marbles, I could still borrow you to stare at em with that fine Gorilla eyeball of yours .

 

You have my solemn request, when the time comes, to have me stuffed and mounted (not ncessarily in that order) - and wheeled into their head offices and local courts to give 'em the old evil eye !! Nothing would give me greater greater pleasure than to act as your "Litigation Friend" in that capacity, matey !!

[Guest bong]

I am indeed honoured

 

[Guest peed orf]

Hi, quick question.

With the contractual interest, does it go on the speedsheet with the Prelim and LBA, or just tell them that's what your going to do?

[Guest bong]

yes put it on the spreadsheet as back-up calculation for your total.

[Guest peed orf]

Hi again,

Been doing the speedsheet from Vamps chambers, when calculating the interest, is it the monthly rate, or the daily rate? (the daily rate gives the option for compond interest.)

[Guest peed orf]

Also, if they settle out of Court do they have to pay the intrerest, or just if it goes to Court?

[Guest bong]

re question one - I'm sorry I used Mindzai's spreadsheet. You may have to find someone who used Vamps's. On Mindzai's it recommends using the daily rate.

 

re question 2 - your claim for contractual interest does not depend on it going to court but you will probably end up there anyway.

[Guest bong]

Acknowledgement of service filed by DG solicitors on 22 November.

 

I just phoned the court to ask what the date of service was and the clerk informed me that the claim was issued on 13 Nov and the date of Service was 22 Nov.

 

I queried this, mentioning that I thought service was 5 days after issue and asking whether she was giving me the date of acknowledgement but she said no, that was also the date of service because they are so busy at the moment the work has to be sent out to another centre for typing and that is why there is the gap. Sounds like more dodgy info to me! Still at least it was issued, as I did have some concerns over whether they'd query the claim value and fee paid.

 

Anyway working on her dates they have until 20 December to defend.

 

I am now going over to add this claim to litigation in progress thread.

[Guest bong]

If anyone has the time (and the knowledge:D ) I wouldn't mind some advice for my scheduled court hearing on my Barclaycard claim http://www.consumeractiongroup.co.uk/forum/barclaycard/30300-bong-barclaycard-2.html#post389321

 

edit: I'm wondering whether the judge has ordered standard disclosure in a roundabout way.

 

pretty please:)

[Guest bong]

Well at lest one issue has been resolved. Received my Notice of Issue from the court today. It says, claim was issued on 13 November, the court sent it to the defendant by first class post on 20 November and it will be deemed served on 22 November.

[Matheos95]

Wow your court is working slow you did yours before me and my dates are issued 15th sent 15th and deemed served on the 17th they have until the 1st Dec (next Friday and counting) to acknowledge. Everything crossed for both of us hehehehe

[Guest bong]

I know. It would have got there quicker if I'd taped it to a snail. Aargh!!! Anyway, lots of luck with yours matheos

[lateralus]

bong dear, mother lat. here. boy, did i have to go back aways to find this thread - not a peep since last fri!

anyway, i digress, on petey boy's thread (hurrah for the offer) you said this: "have you considered reclaiming the interest on the managed loan? If it was money borrowed to repay unlawful bank charges then you would be entitled to the interest back on that part of the loan. Another claim maybe?"

now, dear, talk me through this nice and slowly. son has a managed loan brought on by going continually over his overdraft and the good people at hsbc talked him into this solution. (i didn't know any of this until we started talking about the reclaiming on the current acct - still not told me much - but i'd like to talk to him with some confidence) are you saying that the whole interest on the m.l. is recoverable? what if, i'm guessing here, they said "oh, take out a loan for xxxxx amount as that will cover your overdraft plus a little extra for yourself". then would it still be recoverable (if it is), also, what if you are only part way through paying it off, is it recoverable for the interest paid to date - what about the remainder? remember you are talking to an almost oap, technophobe who has never been overdrawn (don't take that wrong - i bleed for all of you who have fallen into the traps - "there but for the grace of god....etc") anywho, post away and inform me - you know i trust you implicitely! thankx in advance.