Simon vs HSBC

[yarowcabra]

Hello there all -

 

Well! What a wonderful site! Congrats to all.

 

I have started my first reclaim to HSBC for charges around £1080.00.

 

I started out by sending them a letter requesting details of all charges/etc..They sent me a bunch of statements. Went through them and came up with the figure above.

 

Then sent them the letter asking for refund. They have responded with a letter saying they are looking into the matter, accompanied by a leaflet entitled 'Listening to Your Comments.'

 

In my correspondence with the them (HSBC), I never requested details of the conditions etc when I opened my A/C with them.

 

As I am now going to move to the claim stage, can I send a seperate letter asking them to let me have the details of terms/conditions etc that were applicable when I opened the A/C?

 

I will certainly be contributing to your efforts. Thank you so much for a truly wonderful 'help!' line!

[Parkvale]

yarowcabra,

Hi and welcome to the site,

 

You've definately taken the first step into claiming back what's rightfully yours.

 

Spend time reading the FAQ's and the Step by Step guide as this will stop you making mistakes along the way. Use the letters and spreadsheets in the Templates Library as these have all been tried and tested in successful claims. Read as many threads as you can especially ones that relate to your bank. This is a SELF HELP site and won’t do the work involved for you. However, everything you need is on here somewhere.

 

Don't be afraid to ask any questions, no matter how stupid they may seem, but please remember that any advice that you receive is normally based on experience only and that you should seek expert advice if required.

 

Once you start the process of your claim remember to open a thread in the relative bank forum, this will enable you, and others helping you, to keep track of your claim.

 

 

[yarowcabra]

Well, got the usual reply from HSBC saying that they are looking into things etc etc along with a little leaflet entitled 'Listening to your Comments.'

 

Sent off my LBA to one Mr. Colin Langdale by recorded post this am.

 

Claiming £1086.00...

 

14 days to ??

 

 

Onwards and upwards.

 

[pinkduchess]

hiya yarow

 

look like you know what your doing & have it all under control. shout if you need help

 

good luck

[yarowcabra]

Know what I'm doing??? I'm just following directions, which are excellent!

 

I am now filling out (completing?) the on-line N1 form as I expect I will have to do that anyhow. Would my local court be the local 'Magistrate's Court?'

 

I am in Bridlington, East Riding. I understand that the County Court is in Scarborough. but we do have an impressive(!) local (magistrates) court....Is that where I send my N1, as I expect I'll have to?

 

Thanks for reply.

 

In closing I just heard re that Judge in Hull wanting to strike out claims. I thought that a basic principle of jurisprudence was for every case was to be heard on its' own merits...We shall see.

 

I shall press on regardless. Really having nothing to lose, but a few quid to gain.

 

Thanks again for support!!!!

 

[Parkvale]

All my cases were with Scarborough COUNTY Court. The judge their was excellant in hie directions and the bank duely obliged and sent me a cheque for £20,000 last week. Good luck.

[pinkduchess]

jurisprudence - had to look that one up!!

 

yes county court is what you need

[yarowcabra]

Thanks all - Scarborough it is, for my :o "jurisprudence!"

 

Just under 2 weeks to go now - Meantime I have started another claim from Halifax. I am awaiting the statements for me to add up charges detail etc.. They do take their time! Well - They did have 40 days. Think I wrote the letter about 3 weeks ago (will check) requesting info under Freedom of Info.

 

Now, what do I do for 10 days????

 

Mini-booze crooze????

[Parkvale]

Read and learn. Be prepared and remember knowledge is power.

[yarowcabra]

Yes...I agree. I have been looking over this site.....Many valuable lessons and 'how to's..

 

I have to say, thank you to all.

 

Soon asI hear anything from HSBC or Halifax, will post news.

[yarowcabra]

Well, 14 days up tomorrow since recorded LBA delivered to HSBC. Not a peep from HSBC.

 

I have completed the N1 form, and the attachment(s) detailing all charges etc.

 

Can I file completed form on line with Money Claim, or do I post to Court?? And which method 'best'?

 

By the way - Halifax sent back a letter advising me that they are (words to this effect) 'snowed under with details of charges requests that they cannot comply with the 40 days requirement, but they are trying....

 

I'll file HSBC then deal with Halifax.

 

.

Here we go!

[pinkduchess]

if youve done the N1 take it to Scarborough CC & pay the fee. This version gives you more space for the POC.

 

MCOL is more tight on space but convenient in that you do it from home & can track its status.

 

good luck

[yarowcabra]

Thank you, pinkdutchess. I copied and pasted details into my N1 form as per Particulars of claim - N1 - hard copy version.

 

I am attaching to my N1 my schedule of charges and details. (I'm sorry, can't seem to unbold this!)

Three copies.

 

Is that right? Sorry to sound thick, but I just don't want to screw up.

 

Then drive to Scarborough County Court, lodge the lot and pay the man £100.00.

 

Alternatively: Since all detail from 'Particulars of claim - N1 - hard copy version' fitted into my N1, and since I can track the progress of my claim on line, I was wondering whether I shouldn't go MCOL. I don't know what else to add to the form, 'though I understand that as per info I would have to write seperate letters with my detail of charges enclosed asking for them to be attached to my claim. At least I could track progress of my claim?

 

Also save £3.00 in diesel.

Then wait for reply.

 

Have I got all that right?

 

Thanks a million.

 

 

[pinkduchess]

3 copies needed yes.

 

sounds like youve got it all under control.

 

im sure they'll take a look at the court as well just to check everythings in order

[yarowcabra]

MCOL: Not enough space in' particulars of claim.' So as GB would say, prudence drives me to Scarb'ro.

 

Thanks again.

[yarowcabra]

Well, the postman just delivered me a letter from HSBC, dated June 11, 2007. Either they have lost the plot, or a plan to ??? Letter basically says that I should have received statements as requested as their records show that they were sent out 02 May, 2007, and all free of charge and my £10.00 cheque destroyed on 'bank premises.'

I have of course, received them and duly extracted charges/details. As I am filing tomorrow in Scarborough, as per LBA, could this be some delaying tactic to cause confusion/delay?

 

Strange this letter comes with just one day to filing.

 

Should I ignore it and just press ahead?

[Parkvale]

Just ignore the letter. They will be inundated with claims. Move on and continue with your claim. Good omen for you. My £25,000 success against Nasty West was at Scarborough . They were very helpful on the phone. Good luck.

[pinkduchess]

yes just press on - parkvales rather large win at scarborough can be your inspiration!!

[yarowcabra]

Thanks people. Power to the Masses!

[yarowcabra]

Well I filed my N1 form this afternoon (15th June, 2007) at Scarborough County Court.

 

Claim: £1086.00 charges.£196.85 8% interest, along with charges + the 24p per day until settlement.

 

The very nice gentlewoman who helped me says she might be able to get it served(?) on Monday, but definetly by Wednesday as today Friday.

 

What can I expect now? Presumably the bank can elect to defend or settle within 14 days.

If they offer to settle, what min amount should I accept? Yes, I do need the money, but not urgently.

 

In the meantime I am trying to read through the Court Bundle.

 

And...Since litigation has started, who do I give details to?

 

Thanks as usual.

[pinkduchess]

simon

 

they need to acknowledge within 14 days & then this gives them another 14 days to file a defence.

 

now you have filed at the court you will be dealing with DG and you are highly (definately) unlikely to get any offer from them in the next 14 days.

 

You may get an offer from HSBC in response to your prelim & LBA but as you will now have incurred court costs it will probably be short of what you would be willing to accept (your decision of course)

 

when you get your acknowlegement papers through send DG a copy of your SOC - then its a matter of waiting for the 28 days to be up to see what happens next

 

go to the 'litigation in progress' thread if you want to include your details

http://www.consumeractiongroup.c o....itigation.html...

 

too early to worry about court bundle

 

anything else

[yarowcabra]

What is/are SOC? Sorry if i'm a bit thick here.

[pinkduchess]

Schedule of Charges - ie. your spreadsheet

 

this is the letter for DG

 

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

DG's details will be on page 2 of the acknowl.

 

 

 

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,

[yarowcabra]

Ahh so! so the two copies of POC I left at court today, one is for the judge, and the other for the defendant, ie HSBC.? So I send another POC to HSBC's solicitors, not HSBC, WHEN I get letter of ack? DG...(these acronyms lose me!)..presumambly the defendant's, err, solicitors?

 

I suggest, very humbly, that perhaps somewhere in the intro to this forum, an explanation of all these SOC's, POC's,DG's, LBA's etc etc are put into english.

 

I mean that v. sincerely. I do find keeping track quite difficult - well, that with age and short term memory loss....hrmmmph.

 

I have however mastered LBA!

[pinkduchess]

someone already has! Acronyms