yozzawood VS HSBC ###won###

[oi-giz-it-back]

Hi all. only just found this site. Iv been getting my help from the BBC site. this one sounds more interactive. Iv already started the ball rolling. Iv obtained all my statments and highlighted the charges. totaling 1903 pounds. Iv sent the 14 day letter of the BBC site. Iv had a letter from HSBC saying that the will respond fully shortly once they have investigated my claim. That was over 3 weeks ago now and i havent heard anything yet.

 

Now im looking at sending off the LBA letter from this site. This is where im getting confussed. In my first letter. i sent copys of all the statments with the charges highlighted. 27.50 125.00 ect. and just the letter. i hadn't added any interest at this point just the total of charges. nor had i sent a schedual. i understand i need to do that. so tell me if im wrong. i need to now send the LBA with a schedual plus the 8% interest. then leave it for 14 days then start court action. any help would be great as im already finding it a bit daunting, but hey i want my money back so im going for it!!! in the mean time i'll just keep reading as many posts as poss. thanks in advance.

[Michael Browne]

i need to now send the LBA with a schedual plus the 8% interest. then leave it for 14 days then start court action.

Yes but without the 8% interest

 

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

 

 

 

For the schedule of charges use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Save it (for use later at court), then delete/hide the last 2 columns (8% bits) and print out as your schedule of charges.

[lateralus]

welcome to the forum:

 

yes, a few have come across from the bbc site - you'll find all the help you need with us and this link is a great place to start:Newcomer? Here's A User Guide the step by step is pretty helpful - just jump in after the prelim to the next step the lba. you do not send the bank your statements or copies of them - you send them a list of the charges that you are reclaiming. and as you will need a spreadsheet to do the interest for the court claim - using the spreadsheet for your list just saves you a job. the 8% interest which is added on only when you file your claim is figured by the s/s. if i may - when you look at your statements, do you have a fair number of interest debits with a DR next to them? these are overdraft interest debits and a portion of them is reclaimable - depending on how overdrawn you were - it is saying, hey, if it wasn't for your unlawful and unfair charges - i wouldn't have been overdrawn and you wouldn't have been able to charge overdraft interest on those charges.

so, if you have a good few of them - i suggest after reading the step by steps and the faqs provided by the site in the newcomer link i've posted - you might like to take a look at this link where i've tried to simplify the interest and the spreadsheet bits: it's post number 26 on this link:HONEYGIE sees you HSBC! page 1, post 9. try taking a look at it - it will help you get a spreadsheet the way you need to and then that becomes your breakdown of charges you will include with the lba. just call it your revised schedule of charges. they absolutely won't deal with copies of statements. also, if you use the advanced spreadsheet - you can use it also for doing the 8% interest you will need when you file your claim - but just don't use that column when you do the lba - cover it or copy it such that the 8% interest doesn't show for this letter.

when you go to do your claim, it's already to go - you will send it to the court and to their solicitors a little further down the line.

so, do the spreadsheet, send the lba with the spreadsheet included and wait 14 days and unless they have come back with a very acceptable offer - you then file your claim - (mcol, if you do it on-line). get back with specific questions. this isn#t a get rich quick scheme - you have to follow the directions and look for your money in approx. 6 weeks from where you are.

[oi-giz-it-back]

OK thanks for the quick replys. Now im struggling to open any of the spreedsheets. any suggestions?

[lateralus]

so, if you click on this you don't get it? 6. Interest calculation spreadsheets

 

clicking on that, should give you this:

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

England - Advanced - Excel

England - Advanced - Works

 

 

and clicking on this:England - Advanced - Excel gives me the spreadsheet. the advanced is if you are doing the overdraft interest and the simple calculates only the 8% for the claim stage.

see if it does - get back.

[oi-giz-it-back]

No all i get for excel and works is 'windows cannot open this file' my problem is i dont really understand computers. iv managed to open a spreedsheet on google. never used a spreed sheet. in A1 iv put 'in respect of' then down below that overdraft charge. ect then in B the amount charged. then the date of when it was charged. is that all i need?

[lateralus]

don't see how it can work without the correct formula - so, don't think that is it. let me see what else i can do. i'm no good at computers either - we may have to ask for help but let me see something first.

 

here: try this one:Download v1.9

 

it's the same one only i think you need to make sure the date is put in. there are instructions. i'm trying something else as well.

 

on those above - try each one and see if any come out.

[lateralus]

one more idea - i think i have it in my files and have now copied it to send as an attachment to an e-mail - so,,, if you pm me your e-mail address, i will try to send it to you - don't know if it will work but - worth a try.

you know how to send a pm? - just click on my name and it will take you to my little space and look for send lateralus a private message and click.

going out in a while - so i'll watch for your pm shortly hopefully or it may have to be tomorrow.

[Michael Browne]

To use the s/s you need to have Excel installed. You can download Open Office for free here:

Spreadsheet : OpenOffice

Free alternative to Excel

 

and then use this

England - Simple - OpenOffice

 

But it's quite a large program to download especially on a dial-up connection

[oi-giz-it-back]

Sorted!!! just been to town to buy a copy of exel and word. needed them anyway. Need the right tools for the job in hand. Thanks to all those who came up with suggestions. together we'll crack it.

[lateralus]

phew!

[oi-giz-it-back]

ok. i now have ready to send off my LBA plus a breakdown of charges. no interest at all. do i need anything else at this point?

[oi-giz-it-back]

getting exited now he he. bring it on!!!!

[oi-giz-it-back]

ok been doing lots of reading. just got a couple of Q's if someone could kindly answer. Im sending my LBA as soon as i can get to a post office. On the schedule iv listed each item as 'Overdraft charge', should that, as on my statements read 'total charges'???

secondly, I havent a parachute account, i also have a 3.5k loan with HSBC. should i open a new account and move my loan before i send the LBA. Thanks in advance.

[Michael Browne]

On the schedule iv listed each item as 'Overdraft charge', should that, as on my statements read 'total charges'???

 

Yes, list them as per your statement

 

I havent a parachute account, i also have a 3.5k loan with HSBC. should i open a new account and move my loan before i send the LBA.

Not imperative, but parachute a/c would be a good idea. Your loan is a completely separate agreement and won't be affected by a claim on your bank a/c, asuuming you are not in arrears.

[oi-giz-it-back]

LBA sent 19/02/07

13 days and counting.

what can i expect the responce to be from HSBC?

[Michael Browne]

what can i expect the responce to be from HSBC?

They often don't reply until after you have filed, if at all. So prepare to file a claim on March 5th

[oi-giz-it-back]

Well here goes then!!! Just started my money claim. (with a smug grin on me face!)

 

Mcol started 05/03/2007

pelim letter sent 25/01/2007

reply from hsbc 01/02/2007

LBA letter being sent 16/02/07

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely

[nettyg]

your'e well on your way now... fingers crossed for a 'speedy' refund

[oi-giz-it-back]

Ok, iv already sent a schedule to the courts. did that yesterday just after i filed it. only sent one copy tho. should i send another???

[oi-giz-it-back]

No iv got you. one copy to the courts and one copy to the banks solicitors once it been acknowledged, right?

[oi-giz-it-back]

Morning all!!! Iv just had a look at my Mcol and its been acknowledged, and now im not sure what i need to do. From what iv been reading i now need to send DG a copy of my s.o.c. Is that right??? I havent heard anything from them, so how would i know i need to send them something. If it wasnt for this site i wouldnt know who DG were!also iv only sent 1 copy to the court, do i need to send another or would they just photo copy another if they needed it?And just one last question for now. From what i gather. I should expect to have my money in about 4 weeks, or is it abit more drawn out than that???Thanks for all the advise so far. This site has been a great resorce.

[nettyg]

yes, when you get the notice of acknowledgement in the post within a few days, dg address will be on page 2. send them a copy and 2 copies to the court with a covering letter asking it to be attached to your claim reference xxxxxxxx

you're on your way now. time to start reading up on the allocation questionnaire procedure.

 

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

[oi-giz-it-back]

Hi netty, Thanks for that. Been reading loads this morning. Getting the gist of it now, Slowly!! Just cant wait to get that feeling when i can see my money sat in my bank account. (still get that feeling of it sounds to good to be true!) Thanks anyway. not long now, i hope.