krysus vs HSBC - let's get started. **WON**

[krysus]

Hi

 

Right, after a bit of dilly-dallying around, i've finally got round to going through 6 years worth of statements via internet banking and tallied up the charges across 2 current accounts. I'm still awaiting a response regarding a 3rd, now closed, current account.

 

Anyway, it's £800 plus interest...

 

As they have a secure message service from within internet banking, i thought surely they can't deny having received a secure message.... so i drafted up my Prelim letter with Schedule of Charges and sent it electronically.

 

Only bad thing is there's a limit on the message length... so i split it into 4 messages!

 

Do anyone perceive any issues with sending the Prelim via this method?

 

I do know of another person who's sent their charge refund request electronically and was successful.

 

 

Ta - let see what response i get!

[Catlover64]

Hi

 

Right, after a bit of dilly-dallying around, i've finally got round to going through 6 years worth of statements via internet banking and tallied up the charges across 2 current accounts. I'm still awaiting a response regarding a 3rd, now closed, current account.

 

Anyway, it's £800 plus interest...

 

As they have a secure message service from within internet banking, i thought surely they can't deny having received a secure message.... so i drafted up my Prelim letter with Schedule of Charges and sent it electronically.

 

Only bad thing is there's a limit on the message length... so i split it into 4 messages!

 

Do anyone perceive any issues with sending the Prelim via this method?

 

I do know of another person who's sent their charge refund request electronically and was successful.

 

 

Ta - let see what response i get!

 

I wouln't advise sending the request via the internet banking method. You're relying on them using common sense and reading all 4 messages to understand what you want. Not to be recommended!

 

I would send them a prelim letter together with a spreadsheet of your charges to date via recorded delivery. That way, it's all in one place. You'll find all the necessary info here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Welcome & good luck! Shout if you need help, Lateralus, Freakyleaky, HSBC Crusher, Jowalshy are very helpful.

[krysus]

Hmmm, you're probably right!

 

Will send paper copy via recorded delivery tomorrow to be on the safe side.

 

Ta.

[krysus]

Had a message back via Internet Banking saying they've received my messages and will pass them on to the relevant department.

 

Copy about to go off in the post via Recorded delivery anyway.

 

Also, had letter this morning about my complaint regarding request for statements and their delayed response. "We enclose a leaflet explaining...." - did they enclose a leaflet... no!!

[Catlover64]

Now THERE'S a surprise....

[krysus]

Well, well, well.....

 

Had letter on Friday from Service Quality Team in Leeds acknowledging my Prelim request via Internet Banking

 

Expect though i'll have this in duplicate when they read the copy i sent in the post!

 

12 days and counting to stage 2....

[krysus]

Ok, come tomorrow, 14 days has elapsed since sending HSBC my LBA.

 

From reading on here about some difficulties which may be encountered using MCOL to submit claims, I'm going to do it the old-fashioned way and drop my N1 claim form directly into my local Court, but before i do that is it worth contacting them to give them one last chance to pay up before i add on interest and Court fees, or shall i just proceed to issuing Court proceedings?

 

As the total of the charges is

[jowalshy]

I think that the court fee is based on the total amount you are claiming. i.e Total charges + interest. It is up to you whether you give them another chance to comply, but bear in mind that you probably stated that you would give them 14 days to comply before court action.

[freakyleaky]

I have been waiting for an answer to this! Is that right Jo? So the fee is based on the total ammount which includes interest? I have had a look around and can't find any clarity on it!

[jowalshy]

I copies this from the court site.

 

The total figure for interest and the amount you are claiming must be entered in the 'Amount claimed' box in the bottom right-hand corner of the claim form. The fee you will have to pay to issue your claim will be based on this figure. Please note the rate of interest depends on the type of claim that you wish to make. If you are unsure you should seek legal advice before issuing your claim. For free legal information help and advice contact the Community Legal Service on 0845 345 4345 or at

[freakyleaky]

Thanks Jo. I take it that is from the HMCS site?

[jowalshy]

yes it was.

 

Here is the link (I hope I got the right one)

 

How to make a claim

[krysus]

No response to LBA - N1 handed into local Court today.

 

Almost £1200, plus the Court Fee

[pinkduchess]

well done krysus - when you get your acknowldgement through send the following to 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,

[krysus]

Cheers pd...

 

Just wondering how to proceed with my issues with the Student Loans Co. now...

[krysus]

Ok, had offer letter on Friday off HSBC.

 

They say they'll refund all of the charges (bar one, which they say has already been refunded).

 

The only problem is it came from Leeds and they don't appear to know that I issued Court Claim nearly two weeks ago.

 

Obviously, i'm happy that they're willing to refund nigh on £900, but i at least want the Court Fee (£120) back too...

 

Will a simple letter - "I want the Court Fee of £120 too" - suffice? Or, as i've issued the claim and am willing to go to Court, try to negiotiate some of the 8% interest too??

 

Also, i've still not had anything back from HMCS, nor DG, since i submitted my claim? They said 5 days or so, it's been more like 12 now... should i chase them up?

[pinkduchess]

its your decision whether you take the £900 now or wait what could be a few months (maybe longer now) for the court route & get the interest too.

 

lattie does have a letter which others have successfully used to accept the current offer from hsbc as long as they add on the filing fee. you could try that.

 

the statutory interest is only awarded by the court at the judges discretion so trying to negotiate that with hsbc would be a non-starter

[krysus]

Ok, bit of an update...

 

Within the last week I've received a letter from HSBC 'refining' their original offer, but with further details regarding the OFT test case, etc. They are still willing to stand by their original offer, but have made no mention of my request for the Court Fee to be refunded also.

 

Then, i've received a letter from the Court Service stating a defence has been filed and requesting that i complete an AQ, plus a corresponding response from DG Solicitors stating that the case will be stayed pending the outcome of the test case. I understand though that some County Courts aren't following the instructions regarding stays, of which i believe Birmingham is one

 

I presume by the fact they've re-iterated their original offer (which states I have up to 2 months to decide whether to accept it), they cannot renege on that even though they've now filed a defense?

 

Do i keep pressuring them for the Court Fee, or just accept their original offer as it stands? - i can't really wait for the money until next year pending the decision on the test case...

 

 

Ta.

[krysus]

Ok, HSBC have refunded the charges totalling almost £900 on both my accounts.

 

Didn't bother persuing them for the Court Fee.

What's the easiest way of informing the Court that this claim is settled?

 

MOD - please can you retitle this thread - "WON" - an move to the "Successes" sub-forum.

[Michael Browne]

See here:

Notice_of_Discontinuance

[pinkduchess]

good to hear its settled - enjoy the money!!