JW 'v' HSBC ***SETTLED IN FULL***

[jowalshy]

Is the 8% interest only claimable through the courts or can I ask for it back before hand?

[Castlebest]

The interest is allowable as the bank has denied you the use of your money and has gained enrichment from the use of your money.

It’s up to HSBC what they offer and up to you if the offer is acceptable. Section 69 of the CCA allows interest at 8% which simplifies things as it gives a basis for claiming interest (unless you want to make things complicated and ask for contractual interest).

pete

[jowalshy]

Cheers Pete. I will draft up my rejection letter and wait for them to hopefully up the offer to include the interest.

[jowalshy]

I have drafted up a rejection letter to send off to the bank, and I was wondering if someone could take a look at ti and tell me whether it is o.k

 

Dear Mr Langdale,

Account Number :- xxxxxxxxxx

Thank you for your letter dated 14th March 2007 offering £3,120.00 in full and final settlement of my request of the bank charges you levied from our account during the last six years. I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £1,081.10 is to be paid within the next 10 days. This amount is made up of £3,515.50 being charges levied from our account as detailed in my letter before action dated 23rd February 2007, £565.60 being the interest claimed under section 69 of the County Court Act 1984 at 8%, and £120.00 being the amount paid by ourselves for the claim made against you via Money Claim Online on 14th March 2007. I have enclosed a copy of my letter before action together with a schedule of the charges and interest claimed.

Please note I am claiming £0.77 per day in interest at 8% until this matter is settled.

Yours faithfully

 

I wpould appreciate any advice

 

Thanks

[nettyg]

looks fine jw, don't forget to write 'without prejudice' at the top of the letter.

[jowalshy]

Where abouts Netty? (sorry to seem a bit thick, but I don't want to get it wrong)

[nettyg]

just at the top of the letter will do - in bold

[jowalshy]

Thanks Netty. You are a star. I have just sent the letter off recorded delivery. Hopefully it won't be too long now before its all over.

[pinkduchess]

wow - that offer seems to have come in quick. I'm only a week behind you on my claim so I'll be keeping an eye on how yours is going.

 

good luck with getting the rest

[jowalshy]

Cheers pinkdutchess. As I have said before they ignored my LBA and kept refering to my prelim letter. Hopefully with the recent letter I have just sent they will hopefully offer the money I am claimimg for.

[jowalshy]

I received a call from the Halifax last night and they offered to refund all the charges I asked for. £761.00. I only sent the prelim letter on 03.03.07. Now why couldn't HSBC be like that.

[nettyg]

well done on that claim jw - excellent news

[jowalshy]

Thanks Nettyg. Just have to wait and see with HSBC. I am also waiting for MBNA to respond to my SAR and I have just typed up a SAR to Barclaycard ready to send off today.

[nettyg]

you've been busy lol.... strange how this site takes over your life isn't it?

[jowalshy]

It is very addictive. It is like finding a savings account you never knew you had lol

[jowalshy]

Just a quick update. I have received a "Notice of Issue" from the Northampton Court. States that my claim will be deemed to be served on the 19th March 2007. The defendant has until the 2nd April 2007 to reply.

[nettyg]

its the big long wait now until they defend so start reading up on the allocation questionnaire procedures while your waiting. they'll acknowledge pretty soon and you'll get the copy of the defence and the aq in the post - so be one step ahead ok. read some **won** posts and see what to expect.

[jowalshy]

I have even printed a copy of an AQ and practiced filling in the bits using the guide in the templates.

[lateralus]

ok, you'll soon get your acknowledgment and in post 23 michael gave you two letters - one to send with 2 copies of your breakdown to the courts and one to send with a copy of your breakdown to dg.

now, here's a question - did you use the advanced s/s and claim for overdraft interest? if you didn't: fine and dandy, just use the letter michael posted in post 23 if you did claim o/d interest then use this letter instead of his:

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

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.

 

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.

 

I look forward to hearing from you in due course.

 

 

 

Yours sincerely,

 

 

 

ok? you will know if you claimed overdraft interest - i'm not talking about the 8% interest you added at the claim stage. you'll know if it applies.

[jowalshy]

Hi Lattie, I am only claiming the 8% interest. The o/draft int seemed a bit daunting to me. I sent the letter with 3 copies of my charges schedules to Northamton Court the day after I did the MCOL. Did I do this too soon??

[Castlebest]

No Jo but you still need to send one to DG

 

pete

[lateralus]

it's fine to wait for the acknowledgment - on page 2 they tick a box which says they "intend" to defend. also gives their name and address - that's where you send a copy of your breakdown.

[jowalshy]

Thanks Pete and Lattie. Do I send a copy of my schedule now to dg or do I just wait until they contact me first?

[lateralus]

when you get the notice of acknowledgment (like the notice of issue but the next one- it will come fairly soon)

[jowalshy]

OK thanks Nettie.