C&d V Hsbc ***SETTLED IN FULL***

[C&D]

Hello

 

I am after some advice please....

 

I sent a letter to HSBC requesting £710 in bank charges going back to Jan 06 but they didnt respond so I sent the same letter two weeks later adding on 2005 charges (now totalling £1,050) - (I was told I could go back 6 years at this point but only have charges from 2005), they responded to my first letter two weeks later! saying they would give me £639 as full & final settlement.. very nice I thought but I dont want to miss out on any money as I really need it so... I wrote back saying 'further to your letter offering £639, I have been advised that I am entitled to claim back charges over the last 6 years, I am therefore requesting a response to my letter claiming £1,050 in charges etc etc'

 

I am now concerned that I may have lost the £639 and I havent had a response to my most recent letter (they have had it 2 weeks tomorrow).

 

What should I do and do you think I will lose the £639??

 

Thanks in advance!

 

C

[nathal]

stay to the direction of this site.

dont wait for their replies, if you get an offer send

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

[traceyrmj]

their offer of £639 is the carrot. the cag advise you reply saying "will accept it only in partial settlement and intend to persue court claim if ness to get the rest" if you dont accept the first offer they will withdraw the £639 but think of it like chris trarrant on millionaire, "we dont wanna give you that!" LOL. you are owed a full sum and should hold out for it ( i know its easier said than done when the mortgage needs paying and its xmas in 5 weeks) but think on it this way if you borrow £1000 form the bank, they wont take back £800 and pat you on the hand saying "you keep the rest hun you deserve a treat!" if you can hold out for it then hold out for it. also stick to your own timetable, you asked they offered, send the LBA 14 days after your prelim. ( check out the step by step if you get stuck) and take them to the cleaners

[C&D]

Thanks. The only problem is the first letter I sent wasnt one from this site and the other letter I sent, I made up myself! Shall I give them until the end of the week and then send an amended version of the 'rejection of settlement letter'??

[C&D]

Where do I find the LBA letter or is that what I have already sent???

[nathal]

imo send letter of rejection and start a fresh

 

start with dpa sar request

then prelim

then lba

then court

[C&D]

Hello!

 

I have amended the LBA letter slightly to this:

 

Do you think this is ok??? (I dont want to start all over again). I am starting to wish I'd accepted the first offer as it would have been better than nothing and I need the cash!

 

C

 

Dear Sir/Madam,

 

Penalty & unfair charges – request for refund for xxx, sort code xxx / account numbers xxxx & xxxx.

 

I am very disappointed that you have failed to respond to my letter of 25th October 2006.

I understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1,050. Enclosed is a copy of the schedule of the charges, which I am claiming. I have already sent you a copy of this in my original letter of the 25th October.

 

I require repayment in full of this money. If you do not comply fully within 7 working days of receipt of this letter then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Yours faithfully,

 

[C&D]

Well... still no update from HSBC and on Tuesday (21st) the 7 days will be up. I want to get my court forms ready as I am doubtful that I will hear back from them. Is anyone able to give me advise on what I should put on the forms?

 

Many thanks

 

C

[lateralus]

you are asking about interest for your claim on other people's threads, it really is easier to ask on your own thread, then people will see it and help you out - i've tracked down your thread and this will bump you up to the top of the pile. take a look at my spreadsheet help on honey's thread:HONEYGIE sees you HSBC! it explains how once you do the charges and interest tab, you then do the 8% interest tab. it figures your interest for the mcol.

[C&D]

Hello

 

Thanks for coming back to me. I have completed the spreadsheet, do I then add all the figures together to get the total figure?

 

C

[Guest bong]

which figures are you asking about?

[C&D]

Hello

 

I am using the advanced spreadsheet so I now have 4 figures (1, the amount I have been charged, 2, the amount of interest on that, 3, the amount of interest i have paid and 4, the amount of interest on that). Do I therefore add up 2 & 4 to work out how much interest to add onto my claim?

 

Also, do you know how long HSBC have to defend once I submit my forms?

 

Thanks for your help.

 

C

[Guest bong]

Hello

 

I am using the advanced spreadsheet so I now have 4 figures (1, the amount I have been charged, 2, the amount of interest on that, 3, the amount of interest i have paid and 4, the amount of interest on that). Do I therefore add up 2 & 4 to work out how much interest to add onto my claim? Yes

 

Also, do you know how long HSBC have to defend once I submit my forms? 28 days from the date of service, which if you're using MCOL will be 5 days after date of issuing the claim.

 

Thanks for your help.

 

C

 

Don't forget to add in the daily rate of interest as well. It is your total claim for 1 and 3 multiplied by 0.00022.

[C&D]

Hello

 

Thanks for coming back to me, i am almost ready to take my forms to the court... Do I have to find out from HSBC the date I opened my account though for the actual court form? (I havent got a clue and I have got my statements on line so havent had to contact the bank).

 

Thanks, Carrie

[Guest bong]

no, just put claimant has a bank account with the defendant, no.,etc.

[C&D]

Thank you.

[C&D]

Hello

 

Another question... in the defendant box on the N1 form, which address do I put for HSBC? (My local branch, the customer service address I have been sending my other letters too or somewhere else)???

 

Thanks

[Guest bong]

Registered office

 

HSBC Bank plc

8 Canada Square

London

E14 5HQ

[C&D]

Thanks for the info. I was all ready to take my forms but... HSBC charged me and now the money has paid them instead.. looks like it will have to wait (pants!!).

[C&D]

Hello

 

I received a letter this morning from HSBC offering me £866 (from a letter I sent ages ago requesting £1,050). Part of me thinks accept the offer as I will have the money for xmas and another part of me thinks no way as I have spent ages on the court forms (which I am planning on giving in on Monday) and calculating the interest...

 

Who knows....

[C&D]

does anyone else think I should accept? - its £491 less than my claim that I have to submit to court..

[babsp2000]

Noooooooooooooo don't do it, hold out for the full amount.....what could you do with £491......well lots but you wouldn't burn it would you!

[Guest bong]

echo babsp NOOOOOOOOOOOOOOOOO!!

[lateralus]

also, as if you need more pushing - think of it this way - if you owed hsbc

£491, do you think they would just forget about it?????? we all know the answer. it is your money, get it back, i say.

[C&D]

You will be pleased to know that I have decided NOT to accept the offer.. I decided that although it would be nice to have the money before Christmas / New Year, I would have had to get presents etc without it and the extra £491 will be come in handy for our holiday next year.

 

I am going to take my forms to court Thursday and will let you all know when I get a response from HSBC.

 

Do I need to send them a letter rejecting the £866 or ignore it?

 

Thanks to everyone for your help & support.