This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

I would really like some advice. Do I accept the offer to pay to debtor, or submit my claim to the court? I sent back their form crossing out make to debtor and saying i would only accept a personal cheque and got a letter back "whilst i note your requirements, i am not prepared to issue a cheque for this amount and our refund offer is on the condition these funds are used to reduce your current outstanding debt at Metropolitan Collection Agency, which currently stands at £6200.89 Accordingly, I have enclosed a further declaration along with a pre-paid envelope."

Is it reasonable to carry on and submit it to court when they have offered to make the payment to the debtor?

i'll try it, thanks, wonder what would happen if it went to court though, if FD could make it conditional that it is paid to MCA

I have had a letter back from FD after sending my LBA offering full and final settlement of £774.00 whoop de doo I thought. The form I have to fill in for acceptance states 'I accept the sum of £774.00 in full and final settlement of my complaint against the bank and understand the funds will be forwarded to Metropolitan Collection Agency to reduce my debt.' Nothing I can do about this I s'pose?

Thanks for the response. I did read this site and others extensively before starting my claim, but I wasn't thorough enough in thinking the whole thing (re the business aspect) through. I only made the appointment with the solicitor yesterday to get in to see him today after not having a response to my query on here. The total amount of the claim was over £2000 but I know that the new owner isn't trading and don't think they would be interested in pursuing it. An expensive mistake. Now can anyone tell me how I stop my claim?

I have been to see a solicitor this morning who I know have to pay £50 for his 'advice', on top of the £170 for moneyclaim this has me seriously out of pocket. His advice to me was that if the company has been wound up there is nothing that can be done retrospectively, there can be no assignment of rights after the business has finished trading. If it has not been wound up then i should be able to make the claim as the director of the company. He advised me not to carry on as the banks are not bit players and will not be beaten, to be wary of action groups, etc. I'm not sure how I could have forgotten this, but I've just searched companies house and realised that I sold the company so it is still active and has a new director, so i'm basically screwed as I assume any return from the bank would belong to the new owner.

I already posted this in HSBC but hoped I would get more answers in general as I'm up against it time wise. While on holiday last week expecting to return to a cheque I received a letter from the court that HSBC will be defending the claim, and a letter from HSBC solicitors that "You have no standing to bring this claim in a personal capacity. The account in question was not held in your name but in the name of a limited company, XXXXX. This is a seperate legal entity. In the circumstances please confirm that you will discontinue your claim in the next 7 days. Your failure to do so will result in us filing a defence together with an application to strike out your claim. We will also apply for an order for costs against you." I have a few questions. 1. The business was mine, I was the only director, and it ceased to trade March 04, can this none trading business make a claim against HSBC? 2. If no 1. is possible, do i discontinue the current personal claim and submit a new business claim? 3. If I go the route of no 2. and I win and get a payment to "the limited company" what can I do with it, as there is no bank account for that name any longer?

Thanks Switch, I really need to get back to them today, is it as simple as sending a letter to HSBC and their solicitors telling them of the change?

While on holiday last week expecting to return to a cheque I received a letter from the court that HSBC will be defending the claim, and a letter from HSBC solicitors that "You have no standing to bring this claim in a personal capacity. The account in question was not held in your name but in the name of a limited company, XXXXX. This is a seperate legal entity. In the circumstances please confirm that you will discontinue your claim in the next 7 days. Your failure to do so will result in us filing a defence together with an application to strike out your claim. We will also apply for an order for costs against you." I have a few questions. 1. The business was mine, I was the only director, and it ceased to trade March 04, can this none trading business make a claim against HSBC? 2. If no 1. is possible, do i discontinue the current personal claim and submit a new business claim? 3. If I go the route of no 2. and I win and get a payment to "the limited company" what can I do with it, as there is no bank account for that name any longer? I did read the FAQ, but thought as I was the director and the business was closed I would be able to make the claim in my own right.

Thank you. claim now submitted.

I did have a thread on the old forum but can't find it here. Had a letter back from HSBC (after sending letter before action) saying they are sorry i'm disatissfied but they won't do anything further and giving me ombudsman address. I am filling int he particulars on the moneyclaim site, and stuck with interest. I have downloaded and used the excel chart so know the 8%, I have searched FAQ and the rest of the forums but can't see the answer to this question. When I clicked that i wanted to add interest a helpful box came up witht he text i needed to add to my claim. "The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/06/2001 to 06/04/2006 of £519.91 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of ???" This is where I am stuck what daily rate am I claiming as the 8% is per year? As always any help appreciated.