hsbc v sbennett ***WON***

[darkrage]

yes it does ty very much - atleast now i know i have to spend £120 but it will be well spent.

[HSBCrusher]

yes it does ty very much - atleast now i know i have to spend £120 but it will be well spent.

not spend... invest.

you will get it back again!

[darkrage]

hihi thanks crusher - should of worded it better as hsbc will enjoy giving it me back.

[jayenevin]

Hi Guys.

 

I too am tire of the banks beating me up every foot i place wrong!!! I have sent subject Access requests to HSBC, Capital One and Abbey.

I have also sent Pre lim Letter to HSBC (GBP1975.00).

 

These specify a period of time in which the banks have to respond which is 40 days for the subject access requests and 14 days for the pre lim letter.

Are these working days or actual days? Ie with the subject access request is it 8 weeks or just over 5?

[lateralus]

it's actual days.

[darkrage]

5 days till mcol - bugger its a bank hol - does that matter ?????

[Castlebest]

Don’t think it will if you’re using MCOL, that’s an automated web site so you should still be able to submit your claim.

Just check the dates on the notification of issue from the court when it arrives in the post, it will have a deemed served date, that’s the new date you will be planning everything from in the post MCOL stages.

pete

[darkrage]

thx for the info most appreciated

[darkrage]

MCOL submitted - could someone give me some info on the next process pls

 

thx

 

steve:D

[lateralus]

here you go: in a couple of days it's a notice of issue (count days from the issue date), then it's notice of acknowledgment, then it's notice of defence + transfer to local court.

 

this should do you for now....

After You Have Issued Your Claim

Your POC's state that you will be supplying a schedule of charges, but MCOL does not allow you to attach it to your claim at the time of filing.

So, once you have filed your claim, you need to 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:

 

 

Quote:

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,

 

 

and this:

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. Their name and address will be on page 2.

 

 

Quote:

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.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[Castlebest]

I was just looking for a copy of that lattie

 

pete

[lateralus]

ha-ha, beat ya!

( Getting MCOL Right )

[darkrage]

thanks lattie -

 

just noticed a small problem when submitting my claim i did not input the full amount (inclusive of interest) i done it without the interest thinking this gets added automatically when you click the button saying you will be adding interest at 8%.

 

guess i will have to contact the customer service desk tomoz.

[darkrage]

After reading the getting mcol right I noticed mine was submitted incorrectly - so i have emailed the customerservice desk in relation to my claim number hoping that they will allow me to resubmit it either by using the n1 form or re-issue of mcol.

 

has anyone else made a mistake with mcol and if you did - did they allow you to resubmit. im never doing legal documents with a hang over again atleast ive learnt my lesson.

 

any advice with this will be gratefully recieved

[Castlebest]

From memory Im sure ive seen something about a 24 hour period, I think they refund your fee and you resubmit your claim but dont hold me to that. Failing this you will have to pay the £35.00 to correct your claim. Best to talk to MCOL and see what you can do.

 

pete

[lateralus]

yes, you can ring them first thing tomorrow morning and ask it to be cancelled and they will refund your money and you can claim again.

i've sent my particulars - if it helps.

and here's the phone number - but it must be done - i think before 10am

from getting mcol right:

Cancelling A Claim

If you pressed submit in error and your claim has gone through, you can stop it by contacting MCOL by fax or email before 10am the next woorking day.

 

You must quote your claim number, name and address, who your refund should be made payable to, and the reason why. Your claim will be withdrawn and a refund sent out by payable order.

 

Where MCOL receive notification too late, the claim will be issued and the fee cannot be refunded

 

and this:

 

MCOL Customer Help Desk

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

Fax : 0845-601 5889

 

If you prefer to write your query instead, please contact:

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

or e-mail to customerservice.mcol@hmco urts-service.gsi.gov.uk

 

 

good luck - don't stress out over it - just get it right.

[nettyg]

mcol customer services team are really helpful... as lats said, don't stress over it

[darkrage]

thanks for the help i will cancel and resubmit a new mcol and i wont submit it until its right

[darkrage]

Unable to get through to mcol via the phone number - so i have emailed them asking for it to be cancelled and return the fee to my address i will keep trying the phone number until 10am. I have also now sorted my poc's and have got the correct address to serve claim to hsbc - so thanks for all your help hopefully they cancel it intime so i dont lose 120.00.

 

cheers again steve

[darkrage]

yay got thru they have cancelled it for me and told me to resubmit. this time im using edited latties poc's

[darkrage]

The Claimant has held accounts (xxxxx)xxxxx- (xxx)xxxx-(xxx)xxxx since 1993 and 2005 respectivly. From Feb 01 to Mar 07, HSBC

has made 49 charges (on average 41.608) for: Total Charges (when debit balance exceeded specified overdraft limit), Recall S/O-D/D (when cheque/direct debit payment was returned because the overdraft limit had been exceeded). These charges represent a penalty and do not accurately reflect the Defendant's administration costs. Further, they are contrary to the Unfair (Contract) Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Reg. 1999 para.8 and sch.2(1)(e). Further, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Claimant claims from the Defendant a sum equivalent to the total amount unlawfully debited from the accounts, being 2042.50. Also claimed is interest under section 69 of the County Courts Act 1984 at 8%APR from date of each charge to date of the claim, total 386.72. Total with interest and court costs is 2549.22.

 

 

these particulars ok lattie?

[darkrage]

Due to a technical error you cannot submit your form at this time.

Please select the Claim menu button to go to the claim menu to try again or contact the Customer Help Desk.

 

 

tried 8 times to submit anyone else had problems like this - just my luck to get it right and i cant submit - baah humbug.

[lateralus]

just wait a bit and try again

[darkrage]

will wait till tomoz - need my accounts to catch up with funds a bit

[lateralus]

good as i think it's possibly because you cancelled the one - let the system catch up too