HSBC (merged)

nicestrawb

I guess at the end of the day, the court would apply some degree of common sense. If someone wants to claim and HSBC are delaying them, I am sure the court will find in favour of the claimant still.

I think in my case I am more worried that I initially claimed interest, as thats apparently a no go, but at least I held my hands up and said I got it wrong and in my final letter threatening court action I revised it without interest. So hopefully that will not go against me. It's always a nerve wracking time this and now I undertsand why so many come on here for morale support lol!

learningallthetime!!

louloujs wrote: »

Firstly, you'll get your Notice of Transfer of Proceedings to Local Court. You may or may not receive the AQ which you complete and send with £100 fee (see the help thread for completing it):

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

After this you'll get a notice from the court giving you 21 days to file your 'bundle' which is basically copies of absolutely everything with a covering clarifying statement - again the help thread above will help you. Judging by the success stories, you will receive your offer a week before the court date...

With regard to the interest. I think you may need to move our decimal point (or I do mine). That interest should amount to £22.60 not £226. Once you're in the court system, you are entitled to that interest up until the date of judgement/offer from bank. So you will get it! Good luck

Thanks for replying, I have received my transfer notice but nothing yet from the local court and I'm guessing this will probably take a couple of weeks.

Thanks for explaining about the court bundle but just one more question. I didn't send off for my statements I viewed them online and only printed off the charges and not the actual statements, is that still acceptable for my court bundle??

Looks as though I was a bit too enthusiastic with regards to the interest accumilated since my claim was submitted!!:rotfl: Thanks for putting me straight!

louloujs

learningallthetime!! wrote: »

Thanks for replying, I have received my transfer notice but nothing yet from the local court and I'm guessing this will probably take a couple of weeks.

Thanks for explaining about the court bundle but just one more question. I didn't send off for my statements I viewed them online and only printed off the charges and not the actual statements, is that still acceptable for my court bundle??

Looks as though I was a bit too enthusiastic with regards to the interest accumilated since my claim was submitted!!:rotfl: Thanks for putting me straight!

The court will just want to see a list of the charges anyway, so don't worry about not printing off all the full statements.

With these court bundles, both sides have to submit them within 21 days or the judge could find in favour of the one that does submit. It may be that HSBC won't submit theirs, but if they do, you'll receive a copy so don't panic when you get a pile of paperwork from their legal side!

I received my letter from the court asking for the bundle 9 days after the Notice of Transfer so shouldn't be long for yours.

louloujs

nicestrawb wrote: »

Hey all have been reading these threads with much interest. I have a query about my claim as I am unsure where I stand legally here.

I initially claimed PLUS interest but then realised I am not entitled to this, so I wrote my final letter to HSBC threatening legal action but claiming WITHOUT interest. They did not respond, so I am now going to court for the full claim including interest plus court costs.

They have already said they will defend the claim but have now offered me my claim without interest or the court costs. I dont believe this is acceptable, but I am concerned that I INITIALLY requested interest and this could go against me in court, even though my final letter to them was WITHOUT interest.

Incidently they have also rejected a very small amount of my claim as it is apparently over 6 years from the date of my initial claim, although had they responded in a timely fashion it woul not have been!

If you haven't yet gone to court and they are offering the net amount of your claim, you should be accepting. Interest only applies once you've issued the claim, until then it's a bargaining tool really and if you want that interest you'll need to go to court.

Don't know for sure, but you might be looked on so favourably if you've turned down a claim for the full amount when you wrote your second letter without the interest. Hopefully someone else will be able to advise on this either way. But the fact that you've been offered all your bank charges back from HSBC is something that many on this thread have been waiting ages for - so think carefully before you reject. Court action with HSBC adds months to your timescale. I know what i'd be doing now!

louloujs

Foot101 wrote: »

I keep reading the same comment recently from HSBC that they wont pay X amount as not withing 6 years,
I think this is the latest in a long line of dirty tricks as I was under the impression if you have the statements then you can claim regardless of within 6 years or not

Also , its pretty scandalous as the reason claims arn't within 6 years is because they are stringing them out

Disgusting !

Yes, this is wrong in many ways. I think it's got something to do with the Statute of Limitations only going back for 6 years (I am happy to stand corrected...) but if you take a look at some of the threads on the Consumer Action Group website I'm pretty sure that a few people have claimed for charges going back more than 6 years successfully. I'll take a look and if I find them i'll get the link.

The banks have been getting very rich on our charges for many years, it's disgraceful that they're using what appears to be a loophole to deny us from getting them back. This 6 years should apply to companies not individuals surely. Wish i'd studied law now...

Foot101

also , how long before the courts stand up to the banks, after all , they are now getting treated with the same contempt that us customers have been used to. Ridiculous that they can keep filing for defence , courts have to jump through hoops only to get cancelled .

Shocking Behaviour all of it

louloujs

Yes, i'm just hoping that a precedent will be set sometime soon. If they turn up to court and lose on one case (just as that young barrister was trying to get them to do), it might well be the end of hanging around waiting for court dates. The judges will treat all of them the same and provided our paperwork is in order, we could get judgement automatically. That should then put an end to the Banks forcing us to go to court in the first place.

Having said that, I think they're just banking on (excuse pun) people getting panicked and bailing out when they start defending claims. That is a blatant lie as they don't even have a defence.

nicestrawb

louloujs wrote: »

If you haven't yet gone to court and they are offering the net amount of your claim, you should be accepting. Interest only applies once you've issued the claim, until then it's a bargaining tool really and if you want that interest you'll need to go to court.

Don't know for sure, but you might be looked on so favourably if you've turned down a claim for the full amount when you wrote your second letter without the interest. Hopefully someone else will be able to advise on this either way. But the fact that you've been offered all your bank charges back from HSBC is something that many on this thread have been waiting ages for - so think carefully before you reject. Court action with HSBC adds months to your timescale. I know what i'd be doing now!

They are not quite offering the full amount as I dispute the 6yr thing. But also, I only got an offer AFTER I started court action against them, so I have now incurred a cost of £120 which I am not prepared to carry the cost for since they did not respond and I had no choice but to do this. They claimed they would defend and then offered MOST of the initial sum but not all of it including court costs etc. So I believe I am right to carry on?

learningallthetime!!

nicestrawb wrote: »

They are not quite offering the full amount as I dispute the 6yr thing. But also, I only got an offer AFTER I started court action against them, so I have now incurred a cost of £120 which I am not prepared to carry the cost for since they did not respond and I had no choice but to do this. They claimed they would defend and then offered MOST of the initial sum but not all of it including court costs etc. So I believe I am right to carry on?

I think I would try calling them and stating that you have now put in a claim but will drop it if they add the £120 you've paid out to their offer.

Also you could look at it differently, that £120 spread over the next four months (which could be the length of time you wait for any money if you go through the courts) only amounts to £30 a month you've missed out on. Is it really worth it?

I'm helping my brother, his partner and my friend to all claim back their charges and I've advised them all to just sit tight and not bother going through the court process, which is something I think I would have done if I'd known how long it was going to take. Like it says on the 'reclaiming bank charges' page, this is money you thought you'd never see again.

Thinkpink_2

I started my claim with the 1st letter on the 01/03/07 and have waited for HSBC to make an offer which i received on the 19/04/07

Claim was £2173.48 + interest of £592.43 = £2765.91, they have offered my £1800.00

I have stated that i will accept as part payment but will continue with my claim and am currently trying to get a response from HSBC

Has anybody challenged HSBC's offer direct with them rather than going through MCOL and if so have they managed to increase the original offer?