traceyrmj against HSBC... **WON**

[traceyrmj]

morning all i applied for the SAR recently ( see sig) and received the info, given that i hardly use this account ( we have a joint account) and only really use it for "my" money i was shocked to see that they owe me £394.50

sending my prelim letter today Recorded post. will see if they choose to ignore me as they have doen with so many of you or if they will start taking us seriously.... wont hold my breath tho each day the delay just gives me more time to decide what to spend my 95% refund on ( 5% of course will be donated ) now holiday to DLP sounds good

[traceyrmj]

prelim posted today recorded 28 days till i file MCOL

[HSBCrusher]

superb!

 

keep us posted!

 

Crusher

[Smileyk]

Well done girl!!

[traceyrmj]

anyone else get really indignant and ready for a fight tho? i cant beleive it is takign this long i want them to start tryingt o frighten and belittle me so i can use the might of the CAG to beat them down with.

 

really must get a hobby...

[traceyrmj]

they are ignoring me. LBA will go on 2nd October ( with contractual interest not claimed on prelim, teach them to ignore me:p)

[HSBCrusher]

Like it.

that extra interest makes quite a difference.

[Smileyk]

TJ, they are STILL ignoring me! I had more letters from them before I filed papers! DG solictors said they are defending and I've heard nothing since!

[traceyrmj]

ggggr KW, i will deffo push ahead and write the interest up on the LBA then, then only 14 days till i can file MCOl too:p

[traceyrmj]

LBA posted today. 14 days and counting...

[traceyrmj]

am preparing the forms for the court claim as they have ignored me so far and will probably continue to do so ( also it will be good practace for the other two larger claims i am tendering in the next few weeks.) given both HSBC and abbeys current habbit of ignoring claims up to and past the time of judgement and then getting those set aside i have decided to write to them and their solicitors when i have submitted a claim with all the details, sureley they then cant say "oh your honour we knew nothing of the claim and couldnt defend it" and wont be able to get it set aside?

thinking something along the lines of...

 

notice of action.

Dear HSBC

i have today filed county court proceedings against you for the bank charges you have unlawfully applied to my account. i have written to you twice regarding this matter and received nothing to even acknowledge my complaint. i am aware of your current practace in cases such as this whereby you will ignore the case untill a judgement is entered against you and then attempt to have that overturned claiming that you knew nothing of the case being bought against you. this letter will dispence with that option as a copy of it has also been sent recorded delivery to your solicotors office. the judge will therefore see that every attempt has been made to inform you of this action. rest assured i will fight this case in court and as you have now forced me to issue a claim i will add to that the s69 interest available to me through the courts of 8%. I am a member of the consumer action group and am fully informed of my rights and the court process. i am sad that this matter has ended up on the way to a court room and invite your urgent attention to avoid any further costs and to avoid wasting the courts time. you will be served papers in due course claim number XXXXXXX

yours sincerely

 

traceyrmj

[jobloggs]

Sounds a little OTT to me.

This is only mt personal view.

 

The timetable is set by you, going in 14 day incriments from the initial rerquest for a refund to issuing your claim.

They are more likely to ignore any letter that they dont like the tone of or have the inclination to consider as being shall we say passionate.

You need to keep this as clinical as possible, if they fail to repsonde to the standard letters, that is thier look out.

Beleive me it is very tempting to scribe loads of text, indeed i do it often then go back the next day and look at it and think i am not really telling them anything they didnt already know, so pointless sending it out.

If they have failed to respond just stick to your timetable and keep matters as simple as possible.

If nothing else it saves on the cost of postage.

As i say this is just my personal opinion.

[HSBCrusher]

It could be to your advantage NOT to make a fuss.

You put in your claim, you get paid. win.

you get ignored, win by default.

let is pass quietly, and then a day or two later go for the baliffs.

OK, they will go for a stay but now they have baliffs on their arse. If you make a fuss as soon as you get judgement, they apply for a stay right away, you dont get to have all that lovely baliff fun.

 

In any case, I think the letter is not really required.

[traceyrmj]

i get what you are saying but if i have made every effore to inform them of the action ( and their solicitors) they then cant apply to have the judgement im hoping to get overturned can they? poss i got a bit vitriolic but am a woman so this is my way LOL do you think that just sending them and their solic a simple letter saying

notice of action, you will be served court papers for claim number XXXXX as action has been started against you ( your client)

and leave it at that? i really want to block the overturning avenue for them and sureley if i can show the judge that they and their solic have signed for letters informing them of the case they have no legs to stand on? really dont want to get all that way and then have to wait again when they get overturned etc.

am i worryign too much?

[joebloggs]

If you have sent the LBA, then no need to write to them again in my opinion.

Once the 14 days has elapsed fiel your claim.

Up to them to do the runnign around not you.

[traceyrmj]

true but if they they ntry the "oh we didnt know about this " defence i can stick it to em! i fully intend to go ahead with my timetable ( woolwich informed me it will be 8 weeks before they can deal with my complaint, thats nice eh! LOL) just want to keep this as watertight as i can.

[joebloggs]

At the end of the day the way you choose to go about this is entirely up to you, if you sent the LBS by recorded delivery and can prove it was delivered then they will have a hard time saying anything to the contrary.

They will not be able to use the we didnt know about it arguemtn if you have used the template letters as this will set out your timetable, the court in any case will let them know you have registered a claim.

[traceyrmj]

will file court papers in one week tick tock HSBC

[traceyrmj]

i have to say despite everythign i am completely flabberghasted that they are going to let me file N1 monday without even writign to me. seriously they must realise this will cost them more money in the long run? i really dont understand what they plan to gain. anyway N1 will be filed on monday as per the date on my LBA. i will write to D&G and to HSBCD on monday with the number and details fo the claim and nothign more ( just so they cant say they knew nothign of it and ask for a set aside) then off to sit still for 28 days waiting for them to file defence and ask for AQ. just completely flabberghasted that they dont see the virtue of settling before i add on £50 court fees and 8% interest.

they are totally KooKoo!

[bigboyprice69]

Incredible isn't it, my time is up on Monday, and I haven't heard a squeak out of them, hey ho. The courts must be getting seriously p***ed off with them, they could settle all these claims without wasting their time, I wonder how much longer this will go on before a judge makes them defend.

[HSBCrusher]

Dont forget, we only see the ones that go ahead with action, a lot of folks chicken out before then, that we dont see.

 

I see no chickens here though!!!

[Jaynekul]

the Courts will be loving it not sick of it! They have revenue targets like everyone else so the more that are issued the better for them

[HSBCrusher]

You are right! They are making good buisness out of all this!

Just as well the bank ends up paying for it!

[doryphor]

Just a point - you mentioned that you were adding contractual interest earlier in your correspondence. You then mentioned that you were adding 8% interest at the court stage. My understanding is that you can only do one OR the other, not both.

 

I hope I'm wrong, and that if I'm not that it doesn't affect your claim!

[HSBCrusher]

You are right, you can just claim the one or other.