Calling all HSBC claimants!! Why restrict your claim to 6 Years?!!

[Guest bong]

good thinking Batman!

[tifo]

thanks for info ... i will be starting my HSBC claim soon.

[Celicaman]

Hi everybody.

I have a claim in with HSBC at the moment and it has gone to court stage, they have their 28 days from 27th march 2007. which is next week , right.

Only thing is now after having read all these new post about claiming over 6 years, i decided to have a trip into the unknown, well ok it was the Loft, and guess what, i have found loads of statements for my private account going back a good few years, not had chance to list them yet but there are charges on there.

How do i go about adding them to the claim now, or do i start a new claim, also since putting claim in they had cheek to still add another charge on for tippling over overdraft limit (they paid out mortgage day before they paid money from my business account which they hold) doesnt take an idiot to look at the account to see this

Also found statments from business accounts going back to 1993 and there are charges there, also, (Sorry about this) i also found my Ltd company statements for 2000 to 2002 ( they totted up to nearly £1k during that period) and having read a post on here from somebody who claimed back on closed ltd business Account, i thought i might as well try it, they probably got so many claims going on they are not even looking at what the accounts are ('Bong' comes to mind with ' one letter fits all' from her bank) any advise appreciated as it seems the goal posts have moved and i want to make sure i put my claims in correctly. Some of the law points on here just confuse the heck out of me. I can design & upholster furniture and design Fab curtains, pelmets & swags & tails, but the words just meld together and mean nothing to me when i read law stuff....

Help

[Gez]

I claimed on a business account too. It wasn't much different to claiming for a personal account, I just used common law instead of UTCCR.

 

Anyway, lucky for you that they have applied some new charges & here's why.

 

You can now start a claim as far back as the charges go & include these new charges in this claim. Now the claim you make will be from 199X to 2007. Thus you can still incorporate the UTCCR, and use the draft order for directions to require them to reveal their costs. The risk to them for doing that will outweigh what they might save by going into court to argue that part of your claim is statute barred. You should also require them to reveal how much profit they have made from the sums you are claiming since they have been outstanding. A lot more than 18.3% apr I suspect.

 

You will need to start studying quite a lot before taking this on, but it will be worth it.

 

It is imperative that you do not sign their agreement to accept settlement for your current claim as full & final settlement for all charges ever made past present & future.

[Celicaman]

Hi again all,

Just checked MCOL service and HSBC claim is marked as 'defence' although to date i have had nothing else from the bank.

Other claim ,same date against Cap 1 is only marked as aknowledged, but its only worth £280 inc interest.

any views as to whats happening, is this just the bank trying to make me nervous lol

[Guest bong]

hi celicaman,

 

firstly, I would suggest you start a new thread in the HSBC forum where you will be able to keep all your questions and track your progress in one place.

 

You should receive a copy of the defence in the post from MCOL, within the next few days, with a notice of transfer to your local court and an advice from the court about the next stage. MCOL used to send out an allocation questionnaire with the defence but it seems this stage is now being bypassed in most cases. Make sure you send DG solicitors a copy of your schedule of charges to back up your claim.

[shaz29]

Hi i am unable to find a link to the compound interest calculator spreadsheet... can anyone help?

[lateralus]

Excel Contractual Interest Spreadsheet - this one works

[shaz29]

thanks lateralus... ive went thru all my statements for the last 6 years.. my bank charges total upto £3,460!! .. gonna have a play around with the spreadsheet now

[Celicaman]

Hi Bong, here is my new thread as advised by you

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/84022-celicaman-hsbc.html#post754007

 

Congrats on winning against them, i came accross your thread after you won and must admit as i scrolled through i was on the edge of my seat to the end, it was like reading a good thriller. so well done, have you thought about writing a book about your escapade lol

 

I will be posting quite a lot most prob cos i have had a few accounts with HSBC including business accounts with them and just totted private account up ( same one as court action ) from 1989 to 2001 and now need to know how to add/ change/ expand on my original claim, oh and why dont we go for compound interest as well.

Well i better start posting on my new thread, pop in anytime

Ian

[lateralus]

ian - you need to keep your business and personal accounts separate for claiming - here's some business stuff you may need:

Business Claims - basic guide

 

Business accounts;Partics of claim

[Celicaman]

Thanks Lat

My new thread is

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/84022-celicaman-hsbc.html#post754007

 

as most are HSBC i will put them all in there

Trip to loft threw up a few things, just wish i could get Lloyds startetments from previous 89, what do you think, should i ask or are they going to say its in the fish and they cant catch it

[Guest bong]

don't know if you've seen my thread here celicaman http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far-6.html#post747611

 

someone's managed to get theirs back to 1997 from Lloyds which is when they opened the account, so they might (and probably do) go back further. its worth asking.

[lateralus]

i put this on your thread celicaman - for lloyd's customers:

The issues raised by Llloyds bank defences and claiming beyond 6 yrs

[Celicaman]

Hi Bong, Suppose, its worth a tenner, just to give them grief.

Think must be hole in bottle of wine but cant find it, oh there it is its at the top, oh and theres none left, must mean time for bed.

Thanks for your help, i am surprised however, that you are still here, thought you would be away on holiday with your winnings

[Guest bong]

I think having money has turned me into a miser LOL! its still in a savings account! so many things I could spend it on that I can't make up my mind - so until I do it will have to stay there. a holiday does seem a little extravagant, but who knows maybe I will!

[Celicaman]

Thanks Lat, just had quick look at postings and one thing comes to mind recently about overdrafts.

i went over limit last month or one before , got letter from bank saying..........aw hell something like ' they agreed to my application or request for an increase in my overdraft limit ( i didnt do nufink Guv) as i was over limit i didnt think much of it, but then i got hit with an arrangement fee of £.... will have to find statement to find what charge was,but once again they are just helping themselves to my money, one way or another, wouldnt mind so much if i had any , but they already took it previous

[Celicaman]

Holidays are not an extravagence, take one you deserve it. even if you are unable to work i think i read it that you have a family ? correct me if wrong, you can take an inexpensive holiday to say the greek isles, i love them, a place where 2 can go out for night, have bottle wine ( & water , keep hydrated) and 3 course meal and not spend more than £30.

For a grand or bit more, even with kids, dont get sucked into all inclusive, you can do own cheaper & not stuck in one place

If you cant take a holiday whats it all for.

ian

[Celicaman]

Bong

Take life and enjoy it, its not a dress rehersal for the real thing, no second chances.

i work hard , i try to play hard, work gets in way. but in summer i close shop early fridays & go to the lakes camping. On monday i have a memory ( blurred nights) of walking lakes etc & camping with freinds( sometimes) but is not same as last weekend.

All the things i left behind are still there

Do it, take a break and enjoy life

Ian

[Celicaman]

am I suffering from insomnia, or do you think its just cos i cant sleep

[shaz29]

can i ask a quick question please.. is it worth asking for the amount they owe me plus the 8% when i first write to them?

[Celicaman]

Hi Shaz29, yes ask for the amount back in charges and also the amount of interest a court would award (8%) .

Use either martins moneysaver with interest calculator or there is an 8%spreadsheet at,

 

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html

 

Download it, its very good & pretty easy to use, if you fill in correctly (use 8% page) its a good hard copy of summary of charges that you need to send with each letter to the bank, it may save time ( anybody else confirm this) in the event that it goes to MCOL stage as banks solicitors will have the information required by them to try to wangle out of the case. I am at that stage now and waiting to see what banks solicitors will do.

Make sure you use the templates from the templates area, here is link with all you need

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

stick to the templates, timelines and advice from the good peeps on CAG and you wont go wrong.

 

Good luck

Ian

[givememymoney]

Shaz the recommendation here is that you don't ask for the 8% until you file a claim with the court. The reason for this is that the 8% interest that the court can apply to monies owed if a court case is won is discretionary. The court may find it presumptious that you think you will get the 8% in court. The court can also award more than 8% if it chooses to. Also please don't use the MSE site or spreadsheets whilst I like Martin Lewes for many things on the bank charges his process is too simplistic and the spreadsheet poor. If you are using CAG best to stick to the processes and spreadsheets from this site it is easier to help people when we know what they are likely to have been doing. Mindzai's spreadsheet is excellent so that is ok

[chezt]

can i ask a quick question please.. is it worth asking for the amount they owe me plus the 8% when i first write to them?

I would say not - stick to the suggestions & procedures within the templates letters etc as they are tried & tested. Just ask for your charges and decide if you are also claiming the interest charged on them plus if you are also claiming contractual interest - this is the only interest you should ask for in your letters.

 

The 8% is purely for the jugde/courts to award and you should only mention this on your schedule once you file your court claim. The general opinion seems to be that asking for it beforehand can give the impresson to the banks that you don't know what you are doing which is the last thing you want to do.

 

Hope this helps?

[chezt]

sorry we were posting at the same time then GMMM - I wasn't repeating you I just took a little longer than you did!