DAVID ENGINE vs HSBC

[DAVID ENGINE]

hi David, when you get a copy of the acknowledgement document it will give the name of the contact representing the bank - DG solicitors. Drop them a line with your claim number, enclosing a copy of your spreadsheet.

 

You should hear from them with an offer to settle before their deadline is up to file their defence. They are getting slower at this, due to the amount of claims they are dealing with I imagine, but even if it gets to the stage that they enter a defence don't worry - you will hear from them a day or so later and take it from there, declining their offer if it is less than the total required to satisfy your full claim with interest and court fees, or accepting it, on your conditions, if they offer 100%.

 

Once a defence has been filed you will be sent notice of transfer to your local court from MCOL, with an Allocation Questionnaire which has to be returned to the new court within 14 days. If you have settled in the meantime, you would not need to return the AQ but send a letter to the court, once the money is in your hands, saying you are withdrawing your claim because you have reached settlement with the defendant.

 

Brilliant!! Thank you so much for your help

[DAVID ENGINE]

I got my acknowledgement just now that HSBC are going to defend my claim in full. All I can say is....

 

 

BRING IT ON!!!

[steve806]

Hi David

 

Seems like your on the same track as me. I got my acknowledgement today as well.

 

Here's hoping we both have good news soon.

 

regards

 

Steve

[DAVID ENGINE]

To be honest I am really relishing all this, I think i'm enjoying it all a little too much

 

I guess it's 28 days from now then for us both, although I feel the Christmas period and the lack of post will mean we will have to wait a little bit longer for our money so its alphabetti spaghetti for a bit longer but i can live with that. My glowing smugness against HSBC is keeping me nice and warm!

[DAVID ENGINE]

Just a quick question aswell...

 

The letter states,

 

"An Acknowledgement of service of your claim has been filed today,..." and the date is November 21st. Does this mean that the 14 days starts from the 21st meaning that if they do nothing by December 6th I win by default?

[un1boy]

To be honest I am really relishing all this, I think i'm enjoying it all a little too much

 

I guess it's 28 days from now then for us both, although I feel the Christmas period and the lack of post will mean we will have to wait a little bit longer for our money so its alphabetti spaghetti for a bit longer but i can live with that. My glowing smugness against HSBC is keeping me nice and warm!

 

Hiya mate....that's great news....they actually have 28 days from date of issue, not from acknowledging.

 

You should get an offer in the post in the next 2 weeks (most likely sooner). If it's for anything but the full amount we will decline it and continue with the claim for the rest. Hopefully though they will send you an offer for the full amount.

 

The defence is standard and it's just to give them a bit more time and to stope them from getting a CCJ.

[un1boy]

Just a quick question aswell...

 

The letter states,

 

"An Acknowledgement of service of your claim has been filed today,..." and the date is November 21st. Does this mean that the 14 days starts from the 21st meaning that if they do nothing by December 6th I win by default?

 

Nah mate, they have 28 days from date of issue now to enter a defence. So, if they have entered the Acknowledge dead on the 14 days then they will have another 14 days to enter a defence. If they entered the Acknowledgement say 2 days into it being issues, then they would have 26 days to enter a defence.

 

Does this make sense?

[DAVID ENGINE]

Nah mate, they have 28 days from date of issue now to enter a defence. So, if they have entered the Acknowledge dead on the 14 days then they will have another 14 days to enter a defence. If they entered the Acknowledgement say 2 days into it being issues, then they would have 26 days to enter a defence.

 

Does this make sense?

 

I think so... I filed my MCOL on Saturday then on monday it said it had been issued and i received this letter today. So it was issued on Monday 20th November and the letter i received today is dated 21st. Seems very quick to me. So is what you're saying that the 28 days starts from the 20th or 21st?

[un1boy]

From date of issue, so 20th......they have been quite quick recently....my auntie got a full settlement offer yesterday and they hadn't even entered a defence.

 

Don't worry David, you'll get your cheque before xmas - way before!!

[DAVID ENGINE]

From date of issue, so 20th......they have been quite quick recently....my auntie got a full settlement offer yesterday and they hadn't even entered a defence.

 

Don't worry David, you'll get your cheque before xmas - way before!!

 

 

You make me happy Uniboy

 

Hopefully it comes in time for a big jolly at United v Benfica on the 6th! My liver doesnt hope so though....

[Guest bong]

The 28 days to enter a defence runs from the date of service not date of issue. So in David's case as the claim was issued on 20th, the service date will probably be 25th and the 28 days will be up on 23 December.

[un1boy]

The 28 days to enter a defence runs from the date of service not date of issue. So in David's case as the claim was issued on 20th, the service date will probably be 25th and the 28 days will be up on 23 December.

 

Oh, I see, well in that case I am sorry....I got a bit confused. Thanks for correcting me Bong!

 

Ps.. Sorry David!!

[steve_n]

Hi all,

 

One Q if the defendant acknowledges BEFORE the service date does the 28 days actually start from then ?

[un1boy]

Hi all,

 

One Q if the defendant acknowledges BEFORE the service date does the 28 days actually start from then ?

 

I don't know why theym would do that, but I would guess (and please someone correct me if I am wrong) that the 28 days would start from when they acknowledged in your case........I might be wrong though!!

[Guest bong]

it's always 28 days from date of service:)

[un1boy]

it's always 28 days from date of service:)

 

Ok, that's really great to know, thanks!

[DAVID ENGINE]

Hi all,

 

One Q if the defendant acknowledges BEFORE the service date does the 28 days actually start from then ?

 

Yeah this is what has happened in my case which in that case is the 21st then. goody.

[steve_n]

I have just sent a schedule of charges (same as the one I sent to the court) direct to the solicitors (DG) just to eliminate the delay waiting for them to ask for it on the 28th deadline !!!

As all docs, sent it recorded 1st class post.

 

Steve

[DAVID ENGINE]

yeah i think im gonna do this aswell

[DAVID ENGINE]

...oooh wait a minute...what's this in my letter box? why, it's an offer of £900 against the total of £1287.

 

Looks like I'll be sending a repectful decline of their offer. This is all going very quickly. This is also the first correspondence i have had from them throughout the whole charade!

[un1boy]

yeah i think im gonna do this aswell

 

sounds like a plan......you'll be getting an offer soon!

[DAVID ENGINE]

HSBC Bank PLC

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

Re.

Ref.

 

25/11/2006

Response to settlement offer.

 

Dear Mr Langdale,

 

Thank you for your letter dated 23/11/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1278.48 inclusive of total charges, 8%interest and court costs in the form of a cheque made payable only to myself.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, as this is already in the hands of the County Court.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

David Engine

Is this letter ok? I had to change it a bit as im already at the court stage...

[Guest bong]

looks great

[DAVID ENGINE]

Excellent, I reckon that next week ill be asked for a breakdown, send that then get a full offer within 2 weeks i hope. That would be lovely

[un1boy]

...oooh wait a minute...what's this in my letter box? why, it's an offer of £900 against the total of £1287.

 

Looks like I'll be sending a repectful decline of their offer. This is all going very quickly. This is also the first correspondence i have had from them throughout the whole charade!

 

hehe, told you!! that's great mate....

 

You could try something like:

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]