Simon Vs Hsbc **WON**

[SIMON SMITH]

Thanks. In the LBA - how do I amend the wording to include the new amount? And do I just add it to the schedule of claims?

[Kazzy77]

thats all i did. just wrote in the lba that they would notice new amounts because they were still unlawfully taking my money and that any further charges would be filed for in court if they chose to let it go there....

[SIMON SMITH]

that's great news. is there some kind of template statement to add to the letter to include the charges incurred since i started the claim? i'm nervous that my wording might screw it up.

[SIMON SMITH]

Hi. Can anyone suggest a statement to add to my LBA to include the charges incurred since i started the claim? i'm nervous that my wording might screw it up.

[SIMON SMITH]

15/09/06 preliminary letter sent to HSBC - £2,839

06/10/06 LBA sent to HSBC - £2,914 (incl latest charge)

[SIMON SMITH]

So - I received today what I think is the standard letter from HSBC at this stage, offering me £2,000 - my claim (so far) is £2.914

 

Although I think I should take it further, I'm a little worried by this: "If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees."

 

I know this site's step-by-step guide recommends writing to the bank accepting the claim as a 'partial payment' I'm not sure what to write, whether I should just take the money they've offered, or whether I should go to Court now.

 

Any advice would be very welcome!

[Michael Browne]

I'd want the lot, but it's entirely your decision

 

Rejection letter here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Oh and they're bluffing!!

[Kazzy77]

sorry i didnt see ur other posts... i do go missing for a couple of days at a time and miss bits lol.

 

i got a part offer and carried on, now i am about to get my settlement for full amount. all u need is patience and u will get it all. £900 is a lot of money to let them keep it. my part offer was £900 under too but now its plus the 8% so my advice is to draw from the support here and carry on but its up to you

[SIMON SMITH]

Thanks Michael, thanks Kaz.

 

I definitely want all that they've taken, but am a little bit worried they'll defend it and I'd have no case. Stupid jitters I suppose.

 

Thanks too for the letter of rejection. It's just what I was looking for.

[SIMON SMITH]

One more question. In the letter of rejection, it says to remind them that they have to comply within the 14 days allocated. That means the expiry date is tomorrow: 14 calendar days after I sent the original letter.

 

That means they don't have a chance to offer anything before I launch a claim.

 

Should I still send the letter?

[Michael Browne]

You could wait until you've filed and then send them this:

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I have already filed a claim in the small claims court and therefore have incurred further costs

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I request, once again, that you return to me all charges imposed on this account, together with court costs and s69 8% interest now totalling £xxxx

 

I trust this clarifies my position.

 

Yours sincerely

[SIMON SMITH]

hi guys. just starting my court claim today. have bought the self-help kit.

 

1) i've addressed all previous correspondence to colin langdale at hsbc's service quality team. do i name him as the defendant.

 

2) which court do i send it to - the one closest to me?

[Kazzy77]

hi simon.

 

good to see u are chasing for the rest

 

I named colin and used the leeds address (poor bloke) and i had my full offer today.

 

Ive seen more knowledgeable people say u ought to use the canada square address so i guess its upto you.

 

best of luck! it wont be long now!

[SIMON SMITH]

Congratulations. Celebrations for you tonight then!!!! And thanks so much. I'm so lost with all the information flying around.

 

I have some questions, I don't know if you'll be able to help. On the n1 form in front of me, who do I send it to? and do I add the issue date, or is that them?

 

Is there somewhere on here that I can see in a filled in form, so I know exactly what I'm doing?

 

I am SO going to get my money back!

[Michael Browne]

Use the registered address. Colin Langdale is an employee and is not liable and certainly won't be refunding any of your charges.

 

Your local Count Court see here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Claimant: Your name and address

 

Defendant: XXXXX Bank Plc and Registered address

 

Brief Details: The claimant has a bank account with the. The defendant deducted from the account various amounts of money in penalty charges. The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money.

 

Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

Amount claimed: Charges + Data Protection Act +S69 8% Interest - £XXX

Court fees: XXXXX

Sols costs; None

 

Human Rights: No

 

POC: See here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[SIMON SMITH]

Thanks Michael. The bottom link didn't work. And if it's easier/ quicker to do it through MCOL I'd prefer that. Which version would you recommend?

 

The bank has a copy of my schedules, but not schedules with interest

[Michael Browne]

Try this

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

MCOL is quicker, and can be tracked online online up to the bank filing a defence but less space for POC's and you can't attache your schedule

[SIMON SMITH]

15/09/06 preliminary letter sent to HSBC - £2,839

06/10/06 LBA sent to HSBC - £2,914 (incl latest charge)

16/10/06 HSBC reply - offer of £2,000

19/10/06 MCOL claim lodged. Letter of rejection sent to HSBC

[SIMON SMITH]

I received a letter from HSBC solicitors on Saturday. It says: "to enable our client to consider your claim please supply a breakdown of the amount you are claiming."

 

Do I bother replying to this? I have sent HSBC the breakdown - twice already.

[SIMON SMITH]

Today I received a letter offering me the full amount... Three days before their 28-day chance to defend expires... Anyone know how long it takes for them to get a cheque to me. Can I say in the acceptance letter that I want it in one week? Thanks to everyone here for all the advice. I've pulled my hair out more than once. And now I intend to help everyone else I know get their money back. {Edited}

 

 

15/09/06 preliminary letter sent to HSBC - £2,839

06/10/06 LBA sent to HSBC - £2,914 (incl latest charge)

16/10/06 HSBC reply - offer of £2,000

19/10/06 MCOL claim lodged. Letter of rejection sent to HSBC

28/10/06 Notice served

23/11/06 Full settlement offered, with interest and court fees £3,518.19

[livelylad]

Today I received a letter offering me the full amount... Three days before their 28-day chance to defend expires... Anyone know how long it takes for them to get a cheque to me. Can I say in the acceptance letter that I want it in one week? Thanks to everyone here for all the advice. I've pulled my hair out more than once. And now I intend to help everyone else I know get their money back. {edited}

 

15/09/06 preliminary letter sent to HSBC - £2,839

06/10/06 LBA sent to HSBC - £2,914 (incl latest charge)

16/10/06 HSBC reply - offer of £2,000

19/10/06 MCOL claim lodged. Letter of rejection sent to HSBC

28/10/06 Notice served

23/11/06 Full settlement offered, with interest and court fees £3,518.19

 

Well done on your win, please refrain from using libelous comments on your thread site rules clearly state this is not allowed.

[SIMON SMITH]

Thanks for everyone's help. Last Thursday I sent a letter to HSBC's solicitors (DG) agreeing to a full and final settlement. But... I specifically asked for a cheque within seven days so I could deposit it in my new Barclays account.

 

Yesterday I got a letter from DG: "We confirm the agreed sum will be credited in the next 7 days. If the credit does not appear, please telephone the writer and we will chase the bank."

 

Aaargh. Is this worth fighting for? Does it mean they can delay and delay and delay paying me back?

[SIMON SMITH]

Hi everyone. I'm helping another friend reclaim. Though in her case the bank (HSBC) has not even entered correspondence. She filed an original claim against HSBC on May 2 with MCOL... On May 21st HSBC said the claim was now in their solicitors hands... My friend has had no further correspondence, nor received a court date - though she has been informed it is now going before the Shoreditch court... Any idea how long this might take, as she's getting increasingly concerned she may be like that guy who lost his case recently... Thanks.

[SIMON SMITH]

oh, and also - can someone please tell me if i can get access to the chat room again?

[lateralus]

chat room has been closed for the moment - a security breach.

 

i'd start a new thread for your friend else peeps might not look as they think it's already won.

 

nothing at all from shoreditch? i'd ring shoreditch - with claim number at the ready - just to check all is well - as you've received nothing from them. it's all taking a lot longer than end of last year -

 

up to this point - i'd have said you should have sent breakdown to dg - with claim number on it - just because they always ask for one.

and 2 copies to be attached to your claim at the court - so if you didn't send one earlier - i'd send it now to shoreditch - asking it be attached to your claim - with claim number on it.

 

the fact that it is being transferred to shoreditch indicates that they have filed a defence - you should have had a paper saying transferred to shoreditch with a copy of their defence attached and does it say the allocation questionaire is being dispensed with in this case - that would be normal too - see the new-after 28 day thread in my signature - post 1 to see how things go at this point.

but i'd ring to see that all is in order.