HSBC (merged)

Rex_Mundi

If both accounts charges add up to under £5000 before interest, put them together for one claim. If it is over £5000 before interest, do two claims.

A claim through the small claims track does not mean that you are being softer on the banks. It is an easier/less complicated process for the man/woman in the street to follow though. If by a very slim chance you lose your claim in small claims. It is VERY rare for the banks costs to be awarded against you (even if they apply for them).

Sunshine_and_Roses

I sent letter 2 by special delivery to the Canada Square, London, address on 7 December and I have still not received a reply. Even though the 14 days after receipt are not up until Friday, I am concerned that I have not even had a acknowledgement from them. I realise now that I should have taken the letter into my local branch.

Should this make any difference?

Rex_Mundi

clareski wrote:

Should this make any difference?

No, this is their head office, and they can froward the letter to the relevent department. Sometimes the banks wont reply. Just move onto the next stage after your deadline.

3106catherine

Right - I now know my charges going back to Dec 2000 and they total £4159 without interest and £4984.85 with.

Is the general consensus that it is best to ask for it with interest from the start - I assume this will give us a better chance of being offered close to the amount we have paid in charges.

Also, I have had a look in the address section which says that the first two letters can be sent to the branch and it is only the court papers I think that need to refer to their registered office address. Is it best to send to their head office straight away, I mean are these claims all now being dealt with from one office?

We have moved away from our account holding branch, should the letter be sent to them recorded delivery as that was where the account was opened or can I hand deliver it to our local branch?

Rex_Mundi

Is the general consensus that it is best to ask for it with interest from the start - I assume this will give us a better chance of being offered close to the amount we have paid in charges.

Martins advice is to add the interest from the beginning. Other sites advising on reclaiming your charges advise not to add the interest until you get to court. The banks know they don't have to pay interest untill the court stage. For all the claims I'm doing, I've not added interest untill the court stage. I don't think it would make the bank settle any faster (they know they have to pay up, but try to delay as long as possible anyway).

Also, I have had a look in the address section which says that the first two letters can be sent to the branch and it is only the court papers I think that need to refer to their registered office address. Is it best to send to their head office straight away, I mean are these claims all now being dealt with from one office?

They may be dealt with from one office, but this may not be at the banks head office. They will forward it onto the relevent department. I've sent all the letters for six claims to the persons own branch. In every case (and five different banks), this has been fine.

We have moved away from our account holding branch, should the letter be sent to them recorded delivery as that was where the account was opened or can I hand deliver it to our local branch?

I would send everything recorded/registered delivery. This way you have proof they received the letter, and they can't deny it not getting to them. This is important if it gets to court stage. You will have proof of what you sent, and what the bank received. For one claim, I advised the person to send the letter registered post even though their own branch was just a few yards away from the post office. If/when we get to court with this claim, we can prove what letters we sent, and when they received them.

dixie06

Hi, I did my online claim which was deemed served on the 5th Dec and HSBC sent back the Ackknowledgement of Services saying they would be defending the claim, so now they have till close of business on 2nd Jan to do this. Out of curiosity I have phoned the solicitors office to find out opening times over xmas as I have not heard anything from them yet and their voicemail says they are closed till 3rd!! So on the 3rd what do I do and should they pay up within a certain time limit as I know I would have won by default, has this happened to anyone else??

CMcc_4

Well im not a legal expert, but from reading others stories where banks have said their going to 'defend the charge' it seems to be just a ploy to try to put you off in the hope you wont have the balls to go to court.

I dont think any case has gone to court so far and once its reached this point from what ive read everyone has got their full claim back, plus 8% + court costs.

Im sure others will post but in my opinion, the fact that they have until the 2nd to respond and their solicitors arnt open until the 3rd..... id say either a win by default coming up or an early settlement.

Good luck, ive just started the process myself

nickmack

They may put in a defence, but unlikely. My guess is you will probably be able to claim a judgement by default in the New Year.

achtunglady

achtunglady wrote:

Hubby is taking HSBC to court for £2969, he issued his claim on the 27th November, got a Notice of Issue this morning in the post saying that the court sent the claim to the defendant (HSBC) by first class post on the 29th and it will be deemed to be served on 01 December, the defendant has until the 15th december to reply.
What i wanted to ask was, if we don't hear from them by the 15th December, does it mean we have won by default and can we then contact the court to order them to pay?

UPDATE: Today received a Judgement for claimant which reads:

To the Defendant

You have not replied to the claim form. It is therefore ordered that you must pay the claimant £2849 for debt (and interest to date of judgement) and £120.00 for costs. You must pay the claimant a total of £2969 forthwith.

As yet we haven't had the money, but will keep you posted. They are probably so snowed under with requests that they have forgotten about defending. So to all who are thinking of claiming, go the whole hog and get back everything they charged.

Amount claimed : £2287, bank offered £1945 refused offer
Amount awarded by Court, Judgement by default £2969 including £120 court fees and £462 in interest.

bloomfieldbird

Excellent news !! well done!! :T