JIMMYL1977 vs HSBC

[jimmyl1977]

Please help.....Im getting worried.

I have sent the usual letters to HSBC regarding a claim of around £2000 to which they have not replied.

On 2nd May i raised a claim against them (HSBC) which totaled around £2700 (including interest).

This claim was then acknowledged on the 10th May, giving them further time to file a defence.

As their 28 days came to an end, I recieved a letter offering me around £1700 (this was in response to one of the letters i sent them back in march.

I then replied to this letter saying this:

Thankyou for your letter dated 29th May regarding my refund of bank charges. (Reference: XXXXXXXXXXXX).

Your Ref: XXXXXXXXXXXX

My Ref XXXXXXXXXXXXXXX

I believe that my original request was correct (please see attached breakdown) and all charges are within the 6 year period, therefore I am rejecting your offer of £1656.23, and seek full payment.

I have filed a claim (Ref No 7XXXXXXXX) at Northampton County Court, and the time to file a defence has now passed, and judgement in default will be granted.

I am writing to give you one final opportunity to make full payment of £2700.69.

If I have not received payment in full by 4pm on 12th June I will file for Judgment in Default/apply for a warrant of execution.

 

 

Then on the 11th June the status on MCOL has now changed into defence. (It now says i cannot continue online)

Should I have just filed for Judgement by default rather than give them a second chance.

If I filed for Judgement by default would I have had my money by now ??

Im a little worried by this, can anyone tell me is this usual for this to happen. Will they actually defend this case.Am i likley to still get my money.

If I have to go to court, can I employ a solicitor and add these fees to the charges ???

Can anyone tell me what happens next?

I phoned MCOL today and they said just wait for the defence from the court (they didnt seem very helpful)

Sorry for so many questions but this is my first post on this forum, so any help would be greatly appreciated.

I just hope I havnt blown my chances.

 

Thanks for any help.

[amsjks]

Hi Jimmy

 

You haven't blown anything. All totally normal. You would not have been able to request a Judgment until the deadline had passed anyway. It seems they always file the defence at the very last minute, just to taunt you into thinking you will have a chance of getting a judgment.

 

You just have to sit tight and wait for the next letter from the court. Once you get that, if anything is not clear as to what happens next, just ask on here.

 

In the meantime, read through the FAQ sections.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[pinkduchess]

you'll get transfer papers next to your local court. then you need to see what directions are given by the local judge.

 

this is all normal - you dont need a solicitor. lots of people here will help you along the way so dont worry.

 

have a read of these

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[jimmyl1977]

Hi Guys

Thanks for your comments, links to correct info and the reassurance that things are going ok. (I was getting worried)

 

Can you confirm that all I need to do for the moment is to wait till I recieve some paperwork from the court ? (How long does this normally take ?) And then take things from there.....

 

Thanks again, i'll post any further questions that I have.

Its great that there are forums like this available.

Keep up the good work folks.

[pinkduchess]

my paperwork took a couple of weeks to come through. once you get that you can word a nudge to DG (using example templates in links above)

 

have you sent DG a breakdown of your charges though? - if not get one to them now with a covering letter / claim number / file date

[jimmyl1977]

No i havnt supplied DG a copy of this yet. Thanks i'll do it tonight.

 

Does it just need to say something along the lines of:

Ref No:xxxxx

Please find attached a breakdown of my charges in relation to the above case? Or is there a template i can modify to suit my needs?

Thanks again.

[pinkduchess]

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,

[jimmyl1977]

Thats great. Thanks very much. I'll do it tonight

[jimmyl1977]

My claim includes interest worked at 8% on the charges issued against my account.

 

Does this count as overdraft interest ?

 

Is the schedule just a list of all of the bank charges and a covering letter ??

 

i.e....along these lines

 

Date Description Charge Value Interest Total

17/04/2001 total charges to 22/03/01 £27.50 £13.22 £40.72

 

 

Sorry if these sound like stupid questions and thanks again for your help.

[jowalshy]

No, the 8% interest relates to the Statutory Interest claimed at court stage. If you are claiming overdraft interest aswell, hopefully you have claimed the proportion of it that just relates to the charges levied from your account.

[jimmyl1977]

Ok thanks. I have only added the 8% for the charges at court stage.

I am not trying to claim any overdraft interest, so that part all sounds ok.

 

Is that all the info that DG will need for the moment:

 

A List of all the bank charges and a covering letter, as mentioned in this thread ??

 

Can you also confirm, do you send all letters Recorded Delivery ??

 

 

Thanks

[jailbird]

Hi Jimmy

 

Always send everything Recorded Delivery. You can then trace it on Royal Mail web site to see that it has been delivered and signed for.

 

Good luck although if you follow the instructions on this site you won't need it.

 

JB:D

[jimmyl1977]

Can someone please give me advice??

 

HSBC Defended on 11th June, and today I have recieved Notice of Transfer Proceedings.

 

Which says

 

To all parties

 

A defence to this claim has been filed.

The claim has been transfered to the court covering the area where the claimant lives or carries on business.

Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Watford County Court.

All further communications should be addressed to:

Watford County Court.

 

Along with this ihave also recieved a document with Northampton Counrt Court at the top of it with the case details etc...

and it says that

 

Without hearing:

 

IT IS ORDERED THAT

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court orders otherwise.

 

Date Order drawn: 14th June 2007

 

Does this mean that I do or do not have to fill out the AQ ???

One says do it, and the other says dont ??

Im confused.....

 

 

This also came with a copy of their defence, which says:

 

1. The claimants account is governed by the defendants personal and or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing and overdraft. (That sentence dosent even make sense to me, i have typed it exactly as they worded it !! )

 

3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regualtions 1999 (UTCCRs).

4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCR's. Further, the charges are not default charges and accordingly cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Is this a standard defence that they send out?

Should i be worried?

 

Im confused now on all of this:

 

What should I or what do I need to do now ?

 

Thanks for your help everyone.

[freakyleaky]

Yes that is a standard defence. You will have to wait for directions from your local court regarding the aq. It is up to the judge if he wants an aq or not.

Now you have received this you need to send dg a nudge letter together with a copy of your schedule of charges. Also send the court of transfer a copy to be attached to your claim just incase they don't have one!

Just ask if you need more help!

[freakyleaky]

Have a read of thisNew---after 28 Days - Maybe No Aq!!!!!!!( for more information on what happens next!

[freakyleaky]

contact info for dg

Rachel Tomlinson 0121 455 2701 racheltomlinson@hsbc.com

Debbie Daubney 0121 455 2111 debbiedaubney@hsbc.com

Kate Eaves 0121 455 2196 kateeaves@hsbc.com

[jimmyl1977]

Thanks Freaky.

A couple of questions ?

How long should I wait till I get directions regarding the AQ?

When should I send the court of transfer my schedule of charges? Immediatly ??????

I have already send this to DG when my case changed to defence, should I just send them a nudge letter with another schedule of my charges in about a week ??

 

Thanks again, sorry to keep going over points but I want to be sure of exactly what to do.

 

Cheers

[freakyleaky]

Well if you know the court of transfer, Send them a copy asap. Have you sent dg a nudge yet? If not send them one with another copy of your schedule stating that you may have to pay an allocation fee and this will be added to your claim.

It took about 2 weeks for my directions to come from the local court. Give them a ring just to ask what is happening. They are usually very helpful.

[freakyleaky]

Even if the judge orders that the aq is not needed, still ring the court and ask if the fee is still payable. Some courts still charge for allocation even without the aq.

[pinkduchess]

jimmy

i'm at the same court. papers took a couple of weeks. then got a letter saying judge did require the allocation fee. paid this & I'm still waiting to hear back (but it seems my file was missed after I paid the fee & wasnt referred back to the judge - hopefully this is sorted now)

 

presume yours will follow the same course without the hitch in the middle.

[jimmyl1977]

Thanks again Freeky,

I havnt sent DG a nudge yet, but i'll sent them one in a day or two. I only sent DG my schedule on 12th June, so do you think that if I send them a nudge on Monday it would be a bit too soon ?

 

Cheers

[jimmyl1977]

Pinkdutchess, thanks for your help.

 

Have you got a court date yet ?

If so how long was it from the date that HSBC defended on MCOL till the actual court date.

I cant believe how the banks are deliberatly wasting the courts and peoples time and getting away with it. Its a disgrace.

[jowalshy]

DG defended my claim on 11th April. My case was transfered and then I got a notification from my local court on 9th May informing me that a Preliminary hearing has been set for 25th July 2007.

[pinkduchess]

i'm still waiting but following that little hitch with the court I expect to hear soon. Wouldnt be surprised if we get listed for the same date.

[jimmyl1977]

Thanks everyone for your help.

Im going to send the Court my Schedule of Charges once ive spoken to them at lunch regarding the AQ and the AQ fee. I'll post any advice that they give me that is relevant on this thread.

In a few days I'll then get a nudge letter over to DG mentioning that an extra £100 could be added to my claim if they dont pay out soon. Hopefully this will do the job and they pay up, but it seems like they are dragging this on as long as possible!

Pinkdutchess

I'll post on here when my court date is, or if it gets that far. It would be nice to have someone who does go on the same day as me though, but I hope we both get our money well before then !

Thanks for all your help everyone