Paul vs HSBC - about to proceed to court

[hullpaul]

Hi Everyone

 

I am now at the stage of having sent both my preliminary letter and my letter before action, waited the 14 days for each one and still not had a reply. I am a little confused about adding the interest to my court claim and I have also received further charges since sending both letters, can I add these also? Also, does anybody know what the likleyhood of them closing my account is? I have opened another account with alliance and leicester but not switched anything as yet as I have since realised they charge a £34 paid transaction fee as well as upto £50 overdraft charges. Is there any sign that the banks are going to change their charges or are we going to have to go through the whole processes again when and if further charges are incurred at a later date? Sorry for rambling on so much but any help would be much appreciated.

 

Thanks Paul

[steve_n]

Hi Paul,

Don't feel special that you have heard nothing, it's the norm !!

 

There is a template in the library to help with calculating interest payments !

As far as additioanl charges since you have started your claim, you can add these via the court by way of an addition but the court will charge £35, or you could wait for judgement and then start another claim (the bank 'may' close your account tho, so it's a good idea to open another with another bank (often called a parachute account)

 

Good luck anyway !

[syrill-sneer]

Hi Paul.

Providing that you have yet to to file a MCOL, than to add the additional charges you have been charged, just amend you're schdule of charges and send a copy of the updated schdule of charges along with a letter to HSBC explaing that you've have filed a claim and have an updated schudule of charges attached.

If its you're first claim on this account than I doubt they will close it.

Until the OFT get thier arse in gear and actually take action, it looks as though the charges aren't going to go away anytime soon.

Good luck.

[hullpaul]

Hi Guys thanks for your replies

 

What is an MCOL? are there any templates of what to send or do I just send a dimple letter saying that failiure to respone to first two letters made me claim and I have also added new charges and have enclosed a schedule?

 

As for the interest I will have to look more on the instructions, does it matter if I dont put the claim in as soon as the 14 days have elapsed? I think it will take me a few days to sort out.

 

Paul

[lateralus]

that's a very good idea, paul. no, it doesn't matter about the 14 days - that is the minimum time, there is no max. although it is to your advantage to move it along as quickly as possible. my suggestion would be to go to the faqs and step by step guide in the library section of the site and have a real good read of them. the mcol stands for moneyclaim-online which is a quicker, less complicated way to file - it's very simple and step-by-step. we will help you with it but everyone appreciates those who try to do it themselves by reading all the helpful info before asking the same questions that are answered in the faqs. as for the interest, the interest that shows up on your statements next to your charges is recoverable in part. in the same section, take a look at the spreadsheet - vampiress spreadsheet advanced will figure it all out for you. you will be asking for the charges and a portion of the interest they have charged to your account. when you are ready to file your mcol, you will then be able to ask for and add to your claim 8% interest on the total.

you will get back the filing charge, along with the money you are claiming.

all this will only set you back a day or two at the most. go read up, mark all those debits on your statements (including the interest), try the spreadsheet - using the same terms they use (total charges, refund s/o,d/d, etc) and take a look at the mcol site. you can set it all up now and then it will be ready when you feel you have your particulars all in place to just click a button and pay the fee. good luck, a couple of hours digging around on this site and playing with the spreadsheet and you will be ready to file.

don't worry that you come up with a different figure than you have been asking the bank for - advice in the thread above is correct - you just send an updated schedule to the bank - but this is the last point you can change that figure without a hassle. you can put your mcol "particulars" on here and someone will check them (minus your acct. number, of course) or someone can send you an example of theirs to fit in the small space given if you want.

keep posting.

[steve_n]

Hi Paul,

 

As Lateralus has suggsted someone might paste acopy of their MCOL (Money Claim On Line) submission, here's mine, you don't have to copy, but you ARE limited to 1080 character, which includes spaces, commas etc and no more than 24 lines of text which can require a bit of trial and error to get it all to fit !

 

"The claimant has held account (xxxxx) since 1980. From Sep 00-Sep 06 HSBC has made 63 charges(avg of £25 if bal exceeds specified overdraft limit, recall S/O-O/D, when chq/debit payments was returned due to OD limit exceeded plus interest charged on them. These charges represent a penalty and do not accurately reflect the defendants admin costs. further they are contrary to Unfair(contract)Terms Act 1977 s.4, the Unfair Term in COnsumer Contracts Reg 1999 para.8 and sch 2 (1)(e) Further they are unreasonible within the supply of Goods and Services Act 1982 s.15. Claiment claims from the defendant a sum equivalent to the total amount unlawfully debited from the account of £xxxx.xx Also claimed is interest under sec 69 of the County Courts Act 1984 at 8% APR from date of ea charge to date of claim, total £xxxx.xx Total to inc interest and court costs £xxxx.xx also interest at the same rate to date of judgement or earlier payment at daily rate of xxp"

 

This is a "word for word" copy of my MCOL entry, (minus the actual values)obviously you need to enter you own details for the account No and £ values

Hope this helps

 

Steve

[lateralus]

just curious paul,

how are you getting on? do you need any more help?