FamilyAJAS vs HSBC ###won###

[Michael Browne]

Use this thread as a checklist:

 

 

Getting MCOL Right

[lateralus]

ok, i'm thinking here - you should have come out with two running totals - the charges on the left 2209.00 and the portion of the interest which was reclaimable - 227.31 (if you added in all the interest - 551.79?? - that would be incorrect) so the total you would be reclaiming is 2209.00 +227.31. then you put those into the 8% s/s and so it would be 8% interest on 2436.31. you've asked for 8% on the whole of the interest debits and then again on the portion which actually is reclaimable. - leave that column blank - the o/d limit one.

it really doesn't matter that it is taking several goes to get it right - just call each new s/s your "revised s/s" they aren't going to offer it anyway - but it must be right before you file. now, i'm going to run this by someone - but i'm pretty certain what i've put here is correct - not as above in yours - as i said - don't sweat it - we just need to get it correct before the claim.

[Guest bong]

ok, lats has asked me to pop by and I have to admit I couldn't follow post no 21 above. have you already asked the bank for any overdraft interest at this point?

 

what I would say is you don't need to enter your overdraft limits. you only fill that in if it was interest free overdraft which you said it wasn't. if you take out those limits and then want to email me your spreadsheet I'll see what I can do to help. I'll pm you my email address in a mo.

[lateralus]

fam, you are in the very best of hands and lucky to be there!

bong is queen of the universe!!!!!!!!!!!!!

do as she says and you will be fine.

[FamilyAJAS]

OK spreadsheet sent over (details of account name and number ofc deleted)

 

Hope you can make more sense of it than I could

[Guest bong]

have now checked the spreadsheet. the figures to claim are charges £2209, overdraft interest on charges £380.90 and when you go to court 8% on the total which is currently £519.08 but will increase every day until you file your claim.

[Guest bong]

hang on, ignore that 8% figure, have just rechecked the 8% page and for some reason it has picked up total interest paid rather than just the interest on penalties. I will check the 8% calculation later and resend you the spreadsheet tonight because I have to go out for the day now. The totals I've given you above for charges and interest on charges are correct though, its just the 8% figure that's wrong.

[FamilyAJAS]

Thank you so much

 

s/s received, but will hang fire until later this evening when you get to check it and adjust it again

[Castlebest]

Bong, Is there any way Vamp's spreadsheet can be made a bit easier to use? A lot of the questions we are getting are about interest and even the Guru's are stumbling sometimes. With the best will in the world you cant personally check everyone’s spreadsheet.

I know I did a few amendments to it so I understood exactly what it was doing but that involved removing overdraft interest from my own calculation.

If not can someone take yours Michael’s and Latties comments and roll it up into a sticky?

pete

[FamilyAJAS]

OK, just another very quick question:

my bank have added more charges onto my account for this month (March 07)

 

1. Do I add these onto the s/s that "bong" did for me to keep the totals absolutely fresh up to present day?

 

2. Do I forget that they have been added and leave my claim for the dates originally covered?

 

I assume because the daily totals are always changing as each day passes, that all further charges added to my account from the date of my original letter are applicable to add

 

Please someone confirm this when you get a chance

Thankyou

[Castlebest]

Yes just add any new charges onto your spreadsheet right up to the point you submit your claim to the court, and just write a short letter to HSBC along the lines of "as you have added further charges to my account I have added them to my claim, here's my revised schedule".

 

After you submit your claim to the court you will have to start a new schedule of charges ready for your next claim, mines up to £200.00 since the 7th March.

 

pete

[FamilyAJAS]

Ooooo didn't think we could redo this again once we settled.

 

That's good to know

[Castlebest]

If they don’t stop charging unlawful charges we don’t stop claiming them back, one word of caution, HSBC have been known to close your account on the second claim (oh dear)

 

If you want to make a second claim just make sure your settlement is date specific i.e. you agree the figure for a specific period and strike out the sentence that says you won’t claim again.

 

pete

[FamilyAJAS]

right, I've been a bit naughty and side-tracked (having a new kitchen built and my house is in chaos), also we had Easter, so I thought I would give the bank benefit of doubt with all the Bank Holidays, but I see that far too long has passed by without me following up on the court action step.

 

This is partly cos it scares the hell out of me, and partly cos I got a lot of other personal issues going on right now and wasnt feeling strong enough to deal with it.

 

So today I once again sit in front of my PC and think I need to take action here, cos I wont get my money back unless I do.

 

And I think to myself what exactly am I doing?

 

I have updated the S/S that Bong did for me with the additional interest and charges made since I last checked it, but something doesn't quite make sense to me

 

Using the "Charges & Interest" sheet I get one figure

Using the "8% Interest" sheet I get another figure, which is nearly £100 less than the first one, but it has the 8% added to it

 

Question: Shouldn't this figure be higher than the other one?

Is there any chance that Bong could just make a last check for me please to confirm i absolutely got this right

 

Question: I am correct in using the MCOL forms online in preference to paying an actual visit to my local county court to submit this to the bank?

[FamilyAJAS]

Update:

 

Bong has very kindly checked my s/s and I am now going to submit the MCOL form to the courts for formal action

 

wish me luck on a successful case

 

will post updates here as and when I get any

[Guest bong]

good luck;)

[FamilyAJAS]

I am thinking that if the claim will be going through my local county court anyway, that it may in fact be quicker and easier to just file it straight to here first off.

 

The other advantage ofc is that I am currently poor and I believe I would be exempt from paying the court fees up front.

 

Can anyone confirm this for me please?

 

Next Question: where on the forums do I find information on what to do next after you filed at local court instead of online?

 

Ooo another question: Do I add the court fees to the N1 form if I am claiming exemption for them?

[Michael Browne]

The process is essentially the same wheter you file vai N1 or MCOL

 

Claim Timetable:

Your claim will generally be deemed served 5 days after filing . The deemed date of service will be on the Notice of Issue sent to you by the court.

 

The bank will have 14 days from the deemed date of service to acknowledge. If they do, a Notice of Acknowledgement will be sent to you

 

The bank will then have an additional 14 days in which to file a defence, ie a total of 28 days from the deemed date of service.

 

Once the bank has filed a defence, your local court will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days.

 

 

See here for Exemption advice:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=9

[FamilyAJAS]

You are a darling for replying so quickly, LOL you must have known I was sitting here just waitig for the reply

 

thank you

[FamilyAJAS]

Just as a matter of interest... is there a letter I attach with the bank court claim file, or do I just send the files as they are?

[Michael Browne]

is there a letter I attach with the bank court claim file,

No, just 3 copies each of N1 and schedule of charges + 1 copy Ex160a (exemption form)

[FamilyAJAS]

Omg think I am feeling a little queezy now

 

I've handed everything into the County Small Claims Court

Schedule (spreadsheet) + N1 forms + exemption forms x 3

 

claim file amended not to include the court costs, which would have been another £120 to find.

 

So now I sit and wait.

 

Should get my copy of paperwork returned to me within 5 days they said

 

Now do I have to post another thread somewhere else on here to say that I have started the court action?

[Michael Browne]

Please PM a Mod with your claim details for inclusion in the Litgation in Progress forum.

 

Claim Number:

Bank:

Date:

Deemed Served:

Bank Charges Claimed: £XXX + £XXX 8% interest = Total £XXX

[Castlebest]

Why do that Michael, we all have litigation in progress and very few of us add our details.

 

To my mind it's better not to post anything that can identify what you are posting with your actual claim.

 

pete

[FamilyAJAS]

I PM'd Livelylad with the claim details for the litigation section

 

I am so nervous at this point, in case I have made a serious error somewhere or an oversight

 

But I can't stop things now..... the court have all my details, so I play the waiting game to see what I have to do next (or better still, what the bank are going to offer me)

 

I just wanted to say a HUGE SINCERE THANKS to everyone on this forum who has helped and guided me through. I seriously couldn't have done this without your constant support and guidance

 

thank you appreciatively

Alison