Help with claim

[pinkduchess]

excellent!! thats what we like to hear

[Kiewee123]

I really do hope that they just give me the money and bog off; but know it'll never happen!

[pinkduchess]

not likely. nice thought though

[Kiewee123]

Just received the following letter, from HSBC:

 

Thank you for your letter dated 18th July concerning bank charges.

 

I am looking into the matters you have raised and will contract you will a full responce as soon as I have completed my investigations.

 

In the meantime, I enclose a copy of out leaflet which explains how these matters are dealt with. If you do need to contact us, please quote reference number **********.

 

Yours Sincerely,

 

Mark A Loker

Service Manager

Enclosed was a leaflet, titled "Listening to your comments". The letter was dated 24th July 2007.

 

So......?

[freakyleaky]

Advice regarding leaflet: BIN IT!!!!!!!!!!! Listening to your comments my foot!

Listen to this comment then : G* **** ****S*** *O* B**C* *F T******S!!!!!

 

Sorry rant over! They know how to wind you up though don't they!

[sf3000]

Is that some pent up anger I sense freaky leaky? ha ha

[Kiewee123]

o.O

 

I didn't read it anyway, it's under my desk. :]

[pinkduchess]

freaky!! - couldnt fully translate that but i got the gist...a bit strong for 8 in the morning!! feeling calmer now?

 

edit: now i got it!! - lol

[Kiewee123]

When should I post the next letter?

[Michael Browne]

1st August as per timetable

[Kiewee123]

I'm about to post the LBA. It says the following;

 

I am very disappointed that you have failed to fully respond to my letter of the 18th July 2007. I now understand that the regime of 'fees' which you have been applying to my account in relation to exceeding overdraft are unlawful at Common Law and contrary to consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £1,471 which you have charged me in overdraft interest for the sum which you have taken. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 18th July 2007.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Anything I need to add/take away? I'm also including a copy of the schedule of the charges (without interest).

 

 

Thanks

Kieron

[Castlebest]

I think you have done a bit of an over edit on this paragraph

 

I calculate that you have taken £1,471 which you have charged me in overdraft interest for the sum which you have taken. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 18th July 2007.

shouldnt it be penalty charges and overdraft interest ?

 

pete

[Kiewee123]

I should be but there were no penalty charges on my account, they all seem to be overdraft charges....

[jowalshy]

Is this a special account where you are charges a monthly set figure in order to have an overdraft? If it isn't then I would have thought the overdraft charges were your penalty charges.

[Castlebest]

then it should be overdraft charges and interest not overdraft interest

 

pete

[freakyleaky]

Was it a special account Kiewee?

[Kiewee123]

It's just a normal account.....

 

I already posted the letter before I saw everyones posts, the stupid email notification didn't work!

 

Oh well. :[

 

PS. Yes its a normal account (i think)

[jowalshy]

Are you just claiming interest? Or are you claiming charges + the interest relating to the charges?

[Kiewee123]

If you mean the 8% rate ontop, then I shall try and claim it, if they want to go to court. For now, just the normal thing.

 

Is there any big mistake? I can write on the letter if I need too. (Even though it will look really stupid...)

[Kiewee123]

Still waiting for a reply....

 

What happens if nothing comes after the 14 days is up? What do I do then?

[Kiewee123]

Two working days left, can someone please tell me what I do after this?

[Kiewee123]

Can someone please tell me, if I claim online, is the processes totally online? It says I'll have to pay £120 and I don't know if I actually have the funds to pay this.

[lateralus]

we are now suggesting that you don't use mcol - simply because a real live legal person has written some particulars of claim and they are too long for the mcol limited space. so, save up and when you can afford the fee - do the claim using the N1 form and the new particulars - there's a link in my signature. you will file it at your local court. here's the form

http://www.hmcourts-service.gov.uk/c...ms/n1_0102.pdf

[Kiewee123]

Ok thanks but how does all this work is it all forms or do I have to literally "go to court"??

[Kiewee123]

Oh and does it matter if I wait past the 14 days when they're up, because I'm going to have to save for the fees because my savings account has 14p in and my current account is maxed out over the overdraft.