Medcalf -v- Hsbc

[meddyuk]

Hi there. Ive sent away for and received my statements and totted the amount up which totals £1266 in charges incurred. Im posting my 2nd letter asking for the funds tommorrow. I'm a little unsure of a time limit. By this i mean, i know that this test case is ongoing and dont know if im a little late in claiming. I'll keep you posted.

 

Meddy.

[pinkduchess]

hi meddy & welcome

 

have you put your charges onto a spreadsheet to send with your prelim letter?

 

you will most likely get a reply from the bank acknowledging your claim but saying they are awaiting the outcome of the OFT hearing.

 

continue with the timescales as advised by this site. at least your claim will be in the system.

 

shout if you need any links or further help.

[meddyuk]

HI Pink

 

Thanks for the post. No i didnt put the charges on a spreadsheet. I just highlighted all the charges on the statements and enclosed them with the letter. Not posted the letter yet, so do you think i should do that?

 

Meddy.

[pinkduchess]

hey meddy

 

no dont send the statements. use this link to put all your charges on a spreadsheet. use the simple one if its charges only (advanced if youre claiming the overdraft interest)

 

Spreadsheet with interest

6. Interest calculation spreadsheets

 

this spreadsheet will be the core of your claim and copies of it need to be sent at various stages of the process.

 

it will not alter apart from adding on the bottom any daily interest or court fees.

 

you need to keep your statements for when (if) you need to supply a court bundle.

 

shout if you need any help

[tigger25]

Hi meddy

 

Why send them stuff they can get their hands on anyway. Keep the costs of postage down etc.

Once you have set up the spreadsheets which you can find on this site, they are there for you throughout the process especially when it comes to the 8% interest which you will need once you start the court process.

I suggest that you read all of the info around starting the process just to make sure that you include everything that you should.

Don't be too worried about making mistakes at this early stage, I made some errors on my spreadsheets which the bank pointed out to me. I just thanked them for letting me know and re-submitted them!

tigger25:cool:

[tigger25]

Hi meddy

 

I see the dutchess has put in the link for you. What she says is right.

If I can help in anyway - we're on a stay with the court at the moment - give me a shout.

tigger25:cool:

[meddyuk]

Hi guys

 

Thanks for your posts. Ive had a look at the spreadsheets and noticed that there are dates and reasons i.e uncleared cheque fee.

 

On my statements there is just the standard "notified charges" and then a charge of say £150. This is on all the statements that have charges on them. Do i just put notified charges in the first column and then the date charged???

 

cheers

 

meddy.

[Castlebest]

Yes just copy what HSBC have put on your statements

 

pete

[meddyuk]

Hiya all

 

I know its been a while, but ive been at sea! I sent a letter to the bank giving them 14 days which has now passed. Im thinking about submitting an N1 form. I need a bit of help though. Do i use the POC on the N1 form on this site?

 

The site says that i need to print a court bundle with regards to my own circumstances, is there anyone that can give me advice on going to court for claiming back charges for being overdrawn??

[Michael Browne]

You can download N1 here:

N1 Claims form in .PDF format with form filling

and new HSBC POC's here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107625-new-poc-n1-hsbc.html

 

Fill in the N1 on screen and print off several copies before cloasing as you can't save it. In the POC box put 'See attached sheet for Particulars of Claim' and print the POC's out on a separate sheet.

 

Send 3 copies N1 + POC's +Schedule of charges +1 fee.

 

The court bundle is not needed until you have a hearing date.

[meddyuk]

Hiya just a quickie about the HSBC Particulars of Claim. Its states right at the very beginning of the POC that you should enter a date when you first started banking with them. I was 14 when i first started banking with Midland, so what date do i put down, coz i cant remember, it was that long ago.

 

Cheers

 

meddy.

[Castlebest]

Hiya meddy, I didnt have an exact date either, I altered the POC from "since" to "before" and put the earliest date I was sure I had the account .

 

pete

[meddyuk]

Hiya.

 

Just a quick query...again! I have 2 acounts with HSBC for which i have outstanding charges. Can i put the charges from the 2 accounts on the same N1 form, including 2 different schedule of charges? Or do i have to claim for each one seperately. I have written to the bank on these accounts on seperate occasions.

 

Many thanks

[Castlebest]

If both the accounts are the same there is no reason why you shouldn't put them both on the same claim form however don't mix business and personal accounts or credit card and loan claims as the law backing these four types of claim is different and it will give you problems with your POC's

 

pete

[zootscoot]

Also be careful if the total comes over £5k as this will put you in the fast track so you might want to keep them separate.

 

Good luck

[meddyuk]

Hiya. Cheers for the replies. I filed my N1 claim form together with my POC and shedule of charges X3 today (15/1/08) at Portsmouth Combined Court. Little Nervous now as the stakes have now been raised. its real now not just HSBC palming me off with letters.

 

Im sure that the case will be stayed until completion of the test case. Im in the Navy and going to sea in March till June. So will have to get Mrs Meddy to relay any correspondence via email and vice versa.

 

Is there anything i should be preparing now, or should i just wait for the

court date?

 

Many thanks for your posts and for helping me out!

[jowalshy]

there really is not much you can do now. Its just a case of waiting to hear from the courts. First you should get an aknowledgement of your claim from the court and then you will porobably get a letter from DG (HSBC solicitors) saying that they will be applying to stay your claim.

[Castlebest]

after you get the acknowledgment you will get a confirmation from the court that DG Solicitors are going to defend. It will have DG's address and probably a contact name too (think its on page 2), just write them a quick letter enclosing a copy of your claim schedules for their records as it saves time later.

 

pete

[meddyuk]

Hiya Guys, cheers for the replies, you are being really helpful. So i will sit on my hands until the correspondence arrives. Castle, is the letter just a standard one with a "please find enclosed", or is there a set format?

 

Meddy

[jowalshy]

Just a standard letter saying:-

 

Please find enclosed my schedule of charges taken from me by the defendant along with interest calculated at the annual rate of 8% pursuant to section 69 of the County Court Act.

 

Don't forget to qoute your claim ref number and account details in the letter.

[meddyuk]

Hiya Guys. Just had my N1 from back from the courts which is all stamped up and deemed to be served on the 18/1/08.

 

HSBC are trying to force us to get a managed loan agreement, stating that our direct debits on our joint account might be refused. After reading a few posts on here, im going to steer well clear!!

 

Gonna open up a new account and start legal proceedings on our joint account in Feb. Just hope it all works out as this is getting stupid!

 

Will keep you posted.

 

meddy

[Castlebest]

Sounds like you have reached a point where thats the sensible thing to do Meddy, just be careful how big the HSBC debt gets, ideally you need to be able to cover it with your claim value then there is not a lot they can do to legally recover it because you have already started legal proceedings against the bank.

 

good luck

 

pete

[Audreygreeneyes]

good luck with your claim meddy...... auds

[meddyuk]

Hiya guys.

 

HSBC have found a new ingenious idea of getting money out of me, on top of my unfair charges. They charge me an authorised overdraft fee of £25

 

Can i claim this back? I'm only overdrawn, because of the charges that keep topping up on my account. I cant wait to move accounts.

 

If i am successful in my claim, do i write to HSBC demanding back all the charges since my claim, because they are still mounting up.

 

Cheers guys.

[jowalshy]

From what I can gather from their current price lists, it sounds either like you asking them to temporarily extend your o/d facility of which they charge you £25 (this is not reclaimable), or it is a basic penalty charge with a new name. HSBC charge you if you go over your o/d limit by way of an informal request. e.g you made a payment and it pushed you over the limit, but you did not advise them that it was going to happen. Currently these are charged at £25 per day for however long you keep being over the limit. These are reclaimabale.

 

If you pursue another claim with HSBC, then yes you do claim back the charges since your last claim and you follow the same process you did before.