Gaz Vs HSBC

[lateralus]

i'm sure she earns a nice living writing e-messages to irate customers -

just another stalling tactic, although it was nice you got any reply at all as so many get zip right through the process until they file.

my advice: take the time from now til tues to get familiar with the mcol process - it really is very easy. register with them now - you'll have your own little space with them, you can come and go as you please. set it up,

put hsbc's main address (from your statements - canada sq.) and move right the way through to the particulars of claim. it is very condensed so you need to make a general claim - see templates in the library - or a few have posted theirs - i'd be happy to post mine again for you to copy.

be sure you have every last charge and interest on that charge that you want to claim for (just totals needed on the claim - but it would cost you to change the totals after you actually file). get it all ready and then when the 14 days have passed, you will be ready to pay the fee and file at the click of a button. good luck - you are very close to a payout.

also, bears remembering - there often comes a reduced offer just after you have filed - but by that time you have added your 8% + your mcol fee + plus daily interest; so, you would want to reject that offer and hold out for 100%. as long as i have your attention, i'll just carry on. a new trend has been developing.... after you file, in about a week, you will probably receive from the court the papers saying that hsbc have acknowledged your claim and intend to defend. on that paper are contact details - person and address for dg solicitors. at that time - send them a breakdown of your charges. this has really hurried the process by about 2 weeks in quite a few cases. so...forget heidi and just carry on...keep posting.

[lateralus]

and don't be surprised if they don't file a defense until 11:59 on the night before the judgment would be due - that would be par for the course.

 

so, when you receive you court docs. saying they have acknowledged ( a few days after it shows on the mcol site), on the second page they will most likely have ticked intend to defend claim in full, use the name of the person at dg given there and send your breakdown (yes, again) and a quick cover letter saying - here is a breakdown - claim no. XXXXXX.

then it's just wait, the day you filed - add 5 days and then add 28 days to that - that is how long they have to file a defense - and if that 28 lands on a holiday - add another day. then see sentence 1 in this post again.

[lateralus]

s the offer from colin langdale and hsbc or is it from dg solicitors?

if it is from hsbc - it is in response (belatedly) to you lba. you can send a rejection letter (template in library) and tell them you will accept it as partial ......

that you have now filed a court claim - case no........

and they you have filed for xxxxx. plus interest.xxxxx plus court costs.xxx

and will require total xxxx to halt your claim.

 

you will now have to wait to hear from their solicitors - this offer will probably never be spoken of again.

 

 

if the offer is from dg. then, yes, you are probably only one week away from your money. send the rejection letter and tweak it to your needs and give them the totals as above. send it to whomever made the offer, again recorded delivery.

 

so, who sent the offer????

[lateralus]

i'm thinking maybe that 16 jul 04 for 1.75. go back to your statements and see if it has atm somehow identifying it. if so, guess you'll have to take it out of the breakdown. it's the only thing i can see that i think can possibly be an atm charge.

so, reading back - i'd send a letter to that person saying i would accept as partial...(use template), adding i now require, xxx+xxxint+xxx court cost = totalxxxx to halt my claim.

 

and to dg: i assume you've received your acknowledgment by now, right?

if not, you will very shortly, and on pg 2 is the box where dg ticks "intend to defend fully". send a cover note and a breakdown to dg saying - please find enclosed my revised breakdown of charges and put the totals on again. on the breakdown, if you decide that the 1.75 is what the other letter is referring to, i'd be tempted to cross that charge off in red ink and subtract 1.75 from the total, i think i'd put in a star* by that charge and at the bottom put a * and then put £1.75 ATM charge inadvertently added, now removed. - how totally petty they are if they wrote a whole paragraph about a 1.75 charge.

all clear?

[lateralus]

allow me: when is your aq due? have you had any contact with dg - did you send them a breakdown? did you ring to see if they had received it?

here's some info for you:

 

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

and a question i asked bong:yes, bong - been meaning to ask - does it mean just copy out that letter and attach to the n150/N149 along with it, anything else to do with it??

or is it the answer to one of the questions on the aq.

and her answer:

 

if its an N149 AQ at G (other information) write

 

I believe that the case will last no longer than one hour.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

If its an N150 AQ, at F tick yes and then no, and at H write the same text as above, but not the line about the case lasting for one hour as this has been answered elsewhere in the questionnaire.

 

You then attach the draft direction, making sure you have added your own case and court name and claim number etc.

__________________

[lateralus]

no, if it's under 1500,you don't pay.

and yes, it could help - i'd ring dg on the pretext of asking if they have received your breakdown of charges - but really it is to bump you to the top of their pile and also to make sure your stuff hasn't fallen down behind someone's desk. so, yes, ring them tomorrow.

 

further thoughts: mention to them that the you will be filing the aq shortly and also mention that it is a relatively small claim (i read one case where - about 750 - once they realised it was so small - they basically offered right then and there over the phone ) so, play down the amount - but get what's due you - and who knows - it may finish up quickly - before the aq is due.

[lateralus]

if it isn't in that thread i sent, i think i'd just put N/A

[lateralus]

cross it out and about 7-10 days (and that's two answers).

CONGRATULATIONS ON THE OFFER!

don't halt the court action until you have the money.

When You Get Your Refund

spend wisely!

i really am happy for you!

[lateralus]

as well you should be!