jk v HSBC ###won!###

[givememymoney]

Great glad to help you get the letter right. This will all work out ok in the end and we will all learn some stuff on the way!!

[Janeykate]

ok,, Think this is the right letter now...... please comment

 

I understand that you will now be representing HSBC Bank Plc in regards to my claim against them for unlawful bank charges.

Please find enclosed a schedule of those charges for you records amounting to a total claim of £7207.37including interest and court fees on the date of issue. Note that this claim is currently accumulating interest at a rate of £ 0.00022.x per day x total amount = £1.58 per day until judgment or the claim is settled from the date of issue which was the 6th March 2007.

In addition to this claim I am aware that HSBC intends to levy further unlawful charges against my account. Should these charges be made against me and this case go to court then I would ask the judge to take these into consideration. In the event of a settlement being offered I would also expect these further charges to be refunded.

[Advoc8]

Please find enclosed a schedule of those charges for your records

 

Typo (but otherwise OK) ;-)

[givememymoney]

my only comment would be to leave the calculation out and just put the total daily rate.

[Janeykate]

Thanks advoc8,,, will correct typo... and will do givememymoney will just put in daily rate

 

What would I do without you guys......

[Janeykate]

good eve to you all.... Have been doing a little reading on MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more re the proposed oft announcement. According to "Martin" this is due either toward end of March or most prob April.. Has anyone else read this... ??

[Advoc8]

Not read it myself, there's some discussion about it in the 'general' section but it won't really change much other than possibly some banks will lower charges (but not to an acceptable level).

[lateralus]

my thinking is - what dif could it possibly make - that would then be day 1 of the rest of our lives - what has gone before was still unlawful and would have to be dealt with - i can't see them saying - oh, ok we goofed and so we will gladly give you back the difference between what we charged you and £12 which would have been ok.

do they say to you - oh, the interest on your mortgage 4 years ago was a little unfair - let's give you back the difference or whatever - can't be done# what about the overdraft - what if a £12 charge woulnd't have put you over but a £30 charge did - and after months and months - they strong armed you into a managed loan because you kept going over - and now they've got you - you think they are going to go back and figure the difference with all it's implications? no way, jose! if the oft comes up with something (and that's a very big IF) and the banks abide by it (another big IF) that would be DAY 1. everything that has gone before is still fair game to be reclaimed - i'm 99.999999999999% sure of it.

[Janeykate]

You're right,, reading through it quickly it seems the banks are looking to charge around £12 to £15. This could mean the banks may start to put up a fight and perhaps only reimburse the difference between any oft ruling and future claims on past bank charges? Hope people will read this and put in their claims now!! More likely to get whole amount back if they do... Small worry....... surely at some point with this oft ruling faily imminent the banks will start to defend their case in court??

[Advoc8]

The OFT don't make the law. Full stop. The credit card OFT ruling has not made one bit of difference to the outcome of credit card claims and a bank ruling will do likewise. The principles of penalties being unlawful is established in law and it would take an awful lot more than the OFT to change that. The only way that a charge could be shown to be non-punitive is if a bank reveals the true extent of the costs a bounced cheque or failed DD incur, which they wont.

[Janeykate]

Hey latty... god you're elequent? and prob so right....you've been on to this longer than me thats for sure... it is interesting though to read up on what will possibly happen but as you say What difference does it make... !! Glad you're on my side!!!

[Janeykate]

Wow.. really am glad you guys know your stuff advoc8.. Think I'll go learn more... can see myself really getting into this...thats saying something considering my obvious nerves and lack of knowledge

[lateralus]

eloquent = talks a lot, yes? lol

bottom line is the charges that have already been charged - they can't change - any change to what they charge would only affect future charges not past ones.

[Janeykate]

Mcol status.. claim issued..... Have sent copies of statements to dg and 2 to mcol.. guess I'll give them a couple of days before ringing to confirm they have them (dg that is) Can someone just clarify is it 14 days they have before putting in their defence (expected)?

I spend so much time reading threads that I forget where I find the relevant info I need... Also I'm sure I read somewhere that I'm given a contact name at dg , is that the case?

[nettyg]

hi jk

it's 28 days from the date 'deemed served'. the contact name from dg will appear on the notice of acknowledgement, page 2. you'll receive this in a couple of days

[Janeykate]

Thanks Netty, Keyboard went down,,, very frustrating couldn't get on line for a couple of days!!!!

 

Hi,,, Quick question... Am now starting process to claim back Hsbc credit card charges. The address is shown in Southend on sea.. Is this correct?

Want to send of sar , get ball rolling!

[Janeykate]

Hi, Received notice of issue and response pack from mcol.. Name at DG is Kate Eaves. They've x box that they intend to defend all of claim? When should I contact dg, haven't yet although sent schedule of claims through to them. Is there anything anyone can recommend to say when I do call apart from have they received schedule?

 

Also, would you believe, had a response from Colin Langdale same day as mcol info.. saying he refers to his letter dated 23 Feb (which I never received) and apologising for not yet having fully completed his investigations????? He goes on to say He'll contact me by 6th April and expects to be able to provide me with a full response at this time?? and finally thanking me for my patience??? derrrrr:-|

[nettyg]

there's nothing more to say to dg other than have they received your breakdown of charges and will you be hearing soon - that's all

[Janeykate]

Thanks Netty... I'll be waiting with baited breath to see what happens by the 26th March, prob have received aq.. ? Is there anybody else out there on the same time scale as me... ?

[Janeykate]

Hi,,, Have been trying to ring dg for the last few days... no answer just and answer phone.. have left messages but as yet no response,, is this usual???

 

Thank goodness it is such a lovely day........ doggies having a great time frollicking in garden! Hope some of you are enjoying sunshine or are you as bad as me and spend hours on pc??

[lateralus]

i think this is a result of claimants bombarding them with calls recently - that's partially why we've backed off - let them get on with it - if they have your schedule of charges - let them have time to do some work.

- or just leave a voice message and they will most likely ring you back.

[Janeykate]

Hi,,, Can anybody help me... I entered my claim on mcol which was acknowleged by hsbc on the 8th March. today is the 28th day and I've not heard anything at all from dg or received an aq. I tried to press for judgement on mcol but it says that judgement cant be passed yet.... is this right? surely if 28 days have passed and no word judgement should be made??

[Janeykate]

Hi,, just rang mcol.. apparently hsbc have 5 days from the date of acknowlegemnt of the claim plus the 28 days.. so in reality they have 33 days to put in a defense.. what a pain, means I'll have to wait til monday to see what happens.. prob receive the aq by then... obviously dg are leaving everything til the last minute.. anybody else had this??

[Advoc8]

Leaving it to the last minute is normal. If a defence is submitted you probably won't get an AQ until a few days after that as the claim is automatically transferred to your local county court in anticipation of there being a trial. More waiting I'm afraid.

[Janeykate]

Thanks for your reply advoc8.... I'm going to press again on monday... on mcol but seeing as its the easter weekend they'll probably use that as another excuse for a few more days??