archiewood vs HSBC

[archiewood]

Hi all, cool website.

 

I've got a claim started against HSBC for just under £800 in charges over a two-year period. I'm at stage three already: got all of the statements, got the total, sent a PAR, predictably no response, sent an LBA and two days later got the following from Colin Langdale (a name I've seen here and there in this folder!):

 

Thank you for your letter dated 30 January 2007 concerning your requested for a refund of previous charges.

 

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations.

 

In the meantime, blahblahblah leaflet blahblahblah, reference number blahblahblah.

 

Now, admittedly I haven't read any threads on these procedures for a couple of months now but I don't remember any reference to a response like this from HSBC. Is it a good sign that they've sent this?

 

Also, what do I do as regards the timeline now HSBC have responded? Do I need to wait indefinitely until I hear from them again, or do I still apply the 14-day period stated in the LBA?

[Michael Browne]

do I still apply the 14-day period stated in the LBA?

Yes

[archiewood]

Cheers.

[archiewood]

Okay, I've just found out that more charges have been applied to my account since I began the claim process.

 

Can I factor these into my current claim, or will I have to make a separate claim for the new charges? Could I roll this one back - say, by adding the new charges to it and extending the deadline by another 14 days?

[Michael Browne]

Can I factor these into my current claim, or will I have to make a separate claim for the new charges?

You can amend your claim (up or down) at any time up until you file at court. Only after that would you have to make a separate claim.

[archiewood]

Filing at court is the only step that remains. Do I need to notify HSBC that I am increasing my claim before I file?

[Michael Browne]

No

[archiewood]

Sorry, I forgot to mention this - what if one of the charges is not due to be applied until after the date I will be filing?

[GuidoT]

Technically you should not include it, as it is an anticipated loss.

 

But personally I would, providing you have been notified of it in writing, the worst that can happen it that you do not recover that charge.

[archiewood]

Yes, I have it on the 'charges summary' part of the statement. Okay I will include it, thanks both.

[archiewood]

Okay, I'm filing today. Just one more thing I'm not clear about after reading the guidance notes on filing, and after reading the HMC booklet.

 

If I believe I'm eligible for an exemption/remission from court fees, do I send the N1 form with an EX160 form in leiu of payment, or do I send the maximum fee and get the difference, if any, refunded later?

[Michael Browne]

do I send the N1 form with an EX160 form in leiu of payment,

Phone the court to check what documentation you need to show.

Your claim won't be processed until the exemption is decided.

 

Alternatively , pay the court fee. If your exemption is later accepted they will refund the fee. But at least there will be no delay to filing a claim

[archiewood]

Okay, I'll check what docs they need for this. Thanks for the help again.

[archiewood]

I did file, but I messed up the court forms slightly and had to resubmit them. I did so the middle of last week, so it seems rather early for the case to have been filed yet given that I applied for remission on the court fees.

 

My original request was for a refund of £787 but since I made this request I have had 'arrangement fees' totalling £225 for an 'informal overdraft' (which seems to be what they're calling unauthorised overdrafts now) which pushes the total to £1012. This is the figure I put in my court claim, plus interest.

 

I got a letter from HSBC today offering £843. This is in excess of my original offer but would not be a full refund of the arrangement fees. Is it worth pushing for the full amount or should I consider myself lucky I'm getting any of the arrangement fees back at all and accept it as it is?

[archiewood]

Bump

[givememymoney]

I think it really depends on your personal circumstances so you may feel happy to take the money and run now. On the other hand you maybe happy to hold out for the other £150 + interest the choice is yours but I don't see a problem with you recovering the full amount if you want too.