jodyperry v HSBC

[jodyperry]

Hi

 

am just writing to let people know that today i have written the first letters to hsbc, llyds, barclaycard and capital one. I just wondered where people have recieved full settlements does this mean they have got the whole of the charge have the bank argued that they still get something? sorry if sounding stupid!!

 

jody

[livelylad]

Hi

 

am just writing to let people know that today i have written the first letters to hsbc, llyds, barclaycard and capital one. I just wondered where people have recieved full settlements does this mean they have got the whole of the charge have the bank argued that they still get something? sorry if sounding stupid!!

 

jody

 

hi the banks normally settle in full, the amount you get depends on wether you apply to MCOL then you claim interest as well. Some people haev opted to settle early for less this is of course a personal choice.

 

hope this helps

[jodyperry]

thanks

 

ive just been looking through the posts and it seems a lot scarier than i initially thought:(

[livelylad]

thanks

 

ive just been looking through the posts and it seems a lot scarier than i initially thought:(

 

i am sure you will be fine i was the same, there are always people here to help also the chat room. keep smiling:D

[jodyperry]

i posted my statements and an initial letter asking them to refund my charges yesterday using advice from another web site. Unfortunately i didn't find this web site until today and am wondering if i have done it wrong too late. For a start i sent two seperate letters for 2 different account, not all as one claim and also i sent copies of statments with charges highlighted and now i hear people using some spreadsheet to calculate stuff. I fear this is going to affect my claim???

[jodyperry]

Does anybody know anything about a letter of appropriation stopping banks from taking charges that eat into fund like Disability Living Allowance??

[jodyperry]

Hi

 

i sent in my letter before the LBA before i found this site and was advised to give them 7 days to respond. The 7 days is up and i havn't heard anything. Since reading these threads i have learnt that the 'norm' is 14 days. should i stick to my 7 day deadline or give them 14 days?? :? SORRY ALSO CAN I PUT ON IT CHARGES DUE TO GO ON NEXT MONTH??

[jodyperry]

please please someone answer im stuck

[stephie]

If the LBA deadline is up then is's time to file with MCOL. You don't need to tell them again, the LBA should have given a deadline to respond by and if they haven't then its there problem:)

[stephie]

With the other charges, i think, someone will correct me if i'm wrong, but you have to wait until they've actually taken the charges out. It might be worth your while to wait until they take the charges out, depends when they're due to leave your account i guess. You can always claim twice.....

[traceyrmj]

you sent the prelim and gave them 7 days, then give them 7 days if they chose to ignore it thats their worry. as long as you give them 14days for the LBA then id say you are within your rights to take them to court

[jodyperry]

I know I only sent my LBA yesterday but is it wrong that I am so excited about this whole process?? I have filled out my mcol ready to press submit and a part of me is thinking dont reply cause i'd love the extra £700 in interest...... what gets me is this is happening to them so frequently and yet when i rang them about a £30 charge this month and said surly it is not legal for you to still be taking these charges, they still insist it is!!! Until i started adding up my charges I always thought HSBC were a good bank I have all my accounts inc my mortgage, savings, loan and credit card with them(hopefully they will be less likely to close my account). Just goes to show they are taking the **** out of all of us!!!

[HSBCrusher]

like a dyalisis machine!

 

its fine to be excited, this is a very empowering process..... enjoy!

[jodyperry]

Hi

 

i just wanted to check my mcol although is not ready to be sent in till next tues, that the POC are fine. Just a bit of reassurance!

I am claiming the return of money taken by

the defendant in the way of charges over 2

accounts since september 2000. The banks

charges are a disproportionate penalty and

therefore unenforceable as they are

contrary to Common Law. Further, as

adisproportionate penalty they are invalid

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 then they are unreasonable

within the meaning of the Supply of Goods

and Services act 1982 s.15.

I have repeatedly asked the bank to justify

their charges but they have declined to do

so.

I am also claming interest under section 69

of the County Courts Act 1984 at the rate

of 8% a year from 13 Sept 00 to 4 Sep 06 of

£701.30 and also interest at the same rate

up to the date of judgment or earlier

payment.

[HSBCrusher]

sounds good, does it fit?

[jodyperry]

yes fits fine i just found ut that before then im gonna have another 100 in charges. can i add this and do i just add it to the sheets or do i need to mentin it in my POC? also whats this about legal costs can i add these to my claim? dont wana get greedy but it seemed they've got enough out of me over the years!

[Kazzy77]

you can add on charges (after they leave your account) anytime up until MCOL. It doesnt matter if the amount differs from your LBA.

 

Good Luck

[sufilala]

i waited til i got my offer then added another £50 for charges since my first calculation when i faxed my acceptance, they coughed up with no quibble.....

[carolinee]

Hi

Hi

 

In the POC it seems the common practice to put the daily rate of interest in the claim. Also I want the money refunded by cheque so I have stated this in my claim.

 

Caroline

[jodyperry]

hi

 

how would i work out the daily rate of interest?

[carolinee]

Hi Jody

 

If your total claim was £4092

 

the daily rate would be £4092 x 0.00022 = 0.90p per day.

 

The 0.00022 comes from 0.08%apr/365 days.

 

Caroline

[jodyperry]

thanks for that i'll put it in the POC

[weezypoos]

Just a note on charges and cheques!

 

I added on a chrage of £120 which was due to come out of my account THREE weeks after I filed mcol and I got it back no questions asked! I would include it. If they have informed you of their intention to take it from your account, you inform them of your intention claim in back!!

 

I requested a cheque in all steps of my claim, DG solicitors still paid it into my account. It had been there 3 days before I even realised. Please let me know though if you do manage to get a cheque though (Caroline) as I know of not a sole u to now!!

 

Louise

xx

[jodyperry]

Thanks for that my mcol isn't due for another 7 days I just want to know that I'm all prepared ready to SUBMIT first thing:D

[jodyperry]

hi all

 

Just wanted to check (as I'm so confident ill be getting my cash soon!!) if theres any reason people advise asking for a cheque for their charges? is it just where they are moving to another bank. I have no intention if I can help it of leaving my HSBC account so will it be just as easy to have it paid into my account?? Also once again does anyone know about claiming money fr the time spent on this and recorded deliveries ect??