HSBC (merged)

Daveed1973

... Who do I need to send this letter to, would it be my local HSBC bank?

deanhu

Hi felow claimers

HSBC defended my claim with hours to go a few days ago, i have today received through the post a letter from Northampton County Court saying:

"The filing of an allocation questionnaire be despensed with in this case unless the District Judge at the court of transfer orders otherwise"

Does this come in the post automatically or do i have to contact my Court of Transfer (Rhyl)

Please can someone help....

thanks in advance

Matts_Money

hi, well i am cacking myself now but dont know if its over nothing. perhaps someone else has had the same and been successful or not. Or maybe someone can give me some advice or reassurance here but here is their defence.

1. The claimants account is governed by the defendants personal and/or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the puposes of the unfair terms in consumer contract regulations 1999 (UTCCRs).

4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5.Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above it is denied that the claimant is entitled to the relief claimed or any relief.


Now as i said I havent read of this anywhere and it has me very worried.
On the other hand I have paid my court fees so have nothing to lose by backing down now.
I just wonder if I should maybe seek legal advice.

Thanks in advance

Matt

deanhu

Matt, thats exactly the same as i had through the post today.

I paid £120 to MCOL but havent paid anything to the court, do i need to? my claim is for £1500

siclu

I had the same defence Ihave a court date in june I will let you know what happens

siclu

louloujs wrote: »

1. You will receive offer/£ just before the date.
2. You calculate the amount plus interest up until your date of claim then multiply that by 0.0026 to give you the daily rate since then.

Did you send your court bundle in? If you don't send that in, you might get your case dismissed. You have 21 days from when you got the court date.

Take a look at this thread

http://forums.moneysavingexpert.com/showthread.html?t=400981

It will help with this step.

Good luck, nearly there

What is a court bundle? how do I get one?

Matts_Money

deanhu wrote: »

Matt, thats exactly the same as i had through the post today.

I paid £120 to MCOL but havent paid anything to the court, do i need to? my claim is for £1500

i have only paid £120 to MCOL, I believe it is at the courts discretion as to whether to charge a further fee or not but I am unsure.

So your defence is exactly the same then huh?

Must be a standard piece then if it is, that makes me feel a little better, in that its not an individual thing.

cnoelj

Matts_Money wrote: »

hi, well i am cacking myself now but dont know if its over nothing. perhaps someone else has had the same and been successful or not. Or maybe someone can give me some advice or reassurance here but here is their defence.

1. The claimants account is governed by the defendants personal and/or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the puposes of the unfair terms in consumer contract regulations 1999 (UTCCRs).

4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5.Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above it is denied that the claimant is entitled to the relief claimed or any relief.


Now as i said I havent read of this anywhere and it has me very worried.
On the other hand I have paid my court fees so have nothing to lose by backing down now.
I just wonder if I should maybe seek legal advice.

Thanks in advance

Matt

The defence is a standard one and says very little

Yes the terms and conditions are set out - doesn't mean that they are fair

Yes the bank is entitled to make charges, but it is not entitled to make the unjustified high charges it does which is not in keeping with the costs involved

Whether the charges are penalty charges, default charges or whatever it is pure semantics and does not get around the fact that they are fair.

The banks have not allowed and will not allow their defence statements to be tested in court because they are wrong - so are likely to continue paying out before the hearing, but still claiming that their charges are lawful because a court has not had chance to rule otherwise

Good luck

shavenlunatic

well, spoke to someone today, explained they had deducted about £55 from my claim saying it was more than 6 years old, when it actually wasn't. I advised that I was looking for at least SOME interest, but they have basically cut £800 off my requested amount, this has been escalated to whoever is senior. They will call be back in 48 hours to make another offer, if it is reasonablew, I will probably take it, if it's another insult to my intelligence, its off to court we go..

I asked for 1850, they offered 1050. They rightly deducted £90 which I had already be refunded and forgotten about, fair enough, but the rest of the deductions are a bit shoddy.

Foot101

shavenlunatic wrote: »

well, spoke to someone today, explained they had deducted about £55 from my claim saying it was more than 6 years old, when it actually wasn't. I advised that I was looking for at least SOME interest, but they have basically cut £800 off my requested amount, this has been escalated to whoever is senior. They will call be back in 48 hours to make another offer, if it is reasonablew, I will probably take it, if it's another insult to my intelligence, its off to court we go..

I asked for 1850, they offered 1050. They rightly deducted £90 which I had already be refunded and forgotten about, fair enough, but the rest of the deductions are a bit shoddy.

nice one , be interested to see what they say , Im about 3 days behind you but can imagine I will go down exact same route as not expecting the offer to be all that.
By the way - i got a call back pretty much exactly 24 hours after they said someone will call me (withheld no) so looks positive that they will get back to you

Good luck