McB V HSBC

[givememymoney]

Really frustrating I know but rest well in the knowledge that it will get sorted soon and you will get your money.

[lateralus]

you know what - i'd send them another nudging letter - along the similar lines and another copy of your aq and another copy of your breakdown

 

and i'd start it with:

 

I see that as of xx/xx/07 you STILL have not filed your Allocation Questionaire. I cannot understand why you have not contacted me out of courtesy to acknowledge the receipt of my courtesy copy along with my other information. Perhaps you would like to discuss this with me.

Are you intending to file an Allocation Questionaire soon as the judge will be filing an unless order at my request within the near future.

 

Should this case proceed to court - I will be more than happy to show the judge my attempts at resolving this matter. I have yet to hear anything from your office. I do realise that due to the heavy volume of cases with which you are dealing I have to wait until you can get to my case but I think this has gone on way longer than is proper in dealing with cases in a timely manner.

 

I repeat my suggestion that in order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. Upon receipt of this amount, I will halt my claim against HSBC. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I look forward to hearing from you.

 

Yours truly

 

 

 

got carried away and wrote a whole letter!

 

 

 

 

 

and i'll write you another one in about 10 days - keep at them.

Send recorded delivery, and keep those receipts - or as i used to to - copy the delivered notice on the web site and paste it to the bottom of your file copy.

 

let me know if you send it and if it works.

[MCBIRNIE25]

Thanks Lateralus mate.

Will do that.I am worried had no communication at all.

Hopinng I aint done anything wrong.

[lateralus]

no news is good news with them(and very common) - unfortunately.

[MCBIRNIE25]

Lateralus,

thanks, will send the further letter.

What is an unless order?

[MCBIRNIE25]

Well i rang the courts today and have been given a court date of 30th May.

This is where the nerves kick in ;-)

[lateralus]

and you get busy trying to get an offer from DG-

 

did you ever at any point ring to see if they have received your breakdown - that's one thing you could do if you haven't already.

 

the unless order is what the judge issues at one point if he wants to saying, unless you file your aq your defence will be thrown out.

this is all in my post 1 of after you've filed your aq thread i wrote just for this stage.

 

i say you keep after them - about every 10 days a letter and a copy of your breakdown.

 

you want an offer before 30 May - you may have to work for it -

ring them once......only once, to see if they have your breakdown.

ask the court if they have filed their aq and base your letters around what they say.

[MCBIRNIE25]

Have to get my court papers in for 30thApril. Trouble is, i have no printer,so will have to tryand beg a friend to let me print them on their computer.

Can someone tell me exactly what i need to print off?

Appreciated.

Hoopefully an offer will be forthcoming before that date.

[MCBIRNIE25]

Hi all,

i need some urgent help. I got a letter ftrom DG today with an offer which I would usually count as acceptable.

However, they are insisting they pay it straight off the debt that i have with themselves, even though on all my documents i stated i would only accept payment by7 personal cheque. My feeling is that if charges had been applied fairly to begin with, i wouldnt have got in debt etc. Can someone give me some urgent advice over this please.

The other paragraph i am confused with states ".. We are at a loss to understand why you have sought to recover what appears to be, overdraft interest from our client and in relation 8% interest per annum upon the interest. Please confirm the legal basis, together with supporting case law of your claim for recovery of debit interest applied to your account whilst it was in a state of overdraft"

I thought i had followed the process correctly.

Any urgent advice appreciated.

[Castlebest]

Hiya, have a look at this thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/58563-nikki-hsbc.html

 

Nikki has had the same comments as you have and has drafted a cracking reply. This should give you a few ideas to use in your own reply to DG.

pete

[lateralus]

yep, i'm glad remembered who it was because i just saw your mail and was trying to remember who just had the same thing - thanks, pete for remembering - when my mind is failing!!!!

so, yes, i'd say crack on...... get the lot and get it how you want it - you've come this far - what's another week or so.

 

and for another same letter received - read the last few posts of this one as well:Surf v HSBS(1 Viewing) [/url] ( 1 2 3)

 

there was another one yesterday who objected to them paying whomever and insisted on it's her debt - she will pay it off how she sees fit - it wasn't that one - - if i find it i'll link it too.

[oyster11]

MCBIRNIE25

 

I have got exactly the same looking at it if I take off on the speadsheet all that refers to interest charges and double check the other charges the claim they have no record of I arrived at the same'ish figure the got.

--Make a copy of the spreadsheet before you play about with it.-

 

I have to pay metro collection however at they are part of DG the want to make the payment directly to them and them pay me the balance. I have no real problem with that

 

I called MCS and asked them it they would accept and offer the did 40% off the current balance yes so i know can go back to DG and only authorise them to send that amount and that amount only

 

 

I have drafted and acceptance letter which outlines this i am hoping someone will have a look at it an advice if it suitable to sent to DG.

 

Have a look @

No AQ - Straight to PRE TRIAL REVIEW

 

 

Hey by the way

 

 

-----WELL DONE---

Oyster

 

 

 

 

[MCBIRNIE25]

Letter sent today. Lets see how I go.

.

Claim Number XXXXXX

DG Solicitors,

12 Calthorpe Road,

Edgbaston,

Birmingham.

B15 1QZ.

Dear Ms Tomlinson

 

 

CLAIM NO: XXXXXXXX

 

Thank you for your letter dated 1st May 2007, in which you offer settlement to the above claim by way of a payment of £1344.70. Unfortunately I cannot accept this offer as the terms of the claim are not acceptable..

 

Furthermore, I must inform you that I feel your letter is contradictory and is in part factually incorrect. I will again attempt to clarify my position with regards to this matter, despite doing so on numerous occasions previously in communications to your customer services department.

 

 

I refer to your 3rd paragraph. You seem to be at a loss to understand why I have sought to recover overdraft interest within my claim. You should be aware that the interest only ever relates to the cumulative charges within the overdraft balance of the account at the point that the interest was debited. I am perfectly entitled to claim the overdraft interest which was applied directly as a result of unfair charges passed to my account.

 

I refer to your 5th paragraph. Interest can be claimed on all moneys owed when a County Court claim is filed to recover it. The County Courts Act 1984 allows the claimant to claim the s.69 judgement rate, currently 8%, if no other interest can be claimed. However, in a contract dispute, it is entirely right and proper for the claimant to base his interest claim around the rate of interest stipulated in the terms of that contract, should such a rate exist. In your letter you mention that “it is a basic condition of borrowing that you should pay interest on monies borrowed” – I entirely agree with you, which is why I am including contractual interest in my claim.

 

I feel pursuing interest this way is entirely fair, and in hindsight believe that I should have claimed 15.9% which is what HSBC charge their customers.

In paragraph 7 you also state that there are some discrepancies in my schedule against the charges passed to my account, however you do not seem to have elaborated on these. You should be aware that my claim for charges has been meticulously calculated and double checked and the charges have been taken from HSBC’s own statements. Please also note, I have noticed this exact letter has been sent to a number of other claimants at this stage of their claims with HSBC. If this is in error, and the result of copying and pasting a standard letter, I would suggest you take a little more care in your correspondence. If not, I would be interested to know what these ‘discrepancies’ are if, indeed, they exist at all.

 

May I close by advising that this litigation would not have been necessary if only HSBC would have operated my account within the rule of UK law. Additionally, this litigation could have been prevented if only HSBC had responded to my initial correspondence in an appropriate and professional manner befitting of such a serious complaint. It is submitted that your attitude towards these claims in general should be urgently reviewed. Please note that all my correspondence was sent by Royal Mail first class recorded delivery, and the proof of postage has been retained.

 

I am aware of my duty to mitigate my loss and am willing to settle this matter without the need for a hearing. In fact I must add that I find it objectionable that the courts valuable time is being wasted in circumstances such as this. However, I would like to make it clear that I will not accept you offer to pay my total claim amount to offset what I owe.

I believe that I would not be in debt to HSBC if my account had been operated fairly and these charges had not been levied fairly. In fact, I am in the process of obtaining advice about challenging the CCJ as I believe the amount I owe is wrong.

However, in order to be reasonable, I will allow HSBC to offset £300 against the balance I owe, and the rest must be paid to myself via personal cheque only. The balance payable to me would be £1044.70.

If these terms are acceptable to your client then please let me know. If your client is not happy with this position then I am happy to pursue this matter via a court and see whether a judge believes I have acted reasonable.

I trust this clarifies my position.

 

Yours sincerely

[lateralus]

looks good, m.

good luck

[MCBIRNIE25]

Hi all,

i got the usual trashy response to my letter, only now it is more threatening.

Basically, it states that their client has made a reasonble settlement, and if i dont accept it they reserve the right to bring their letters to the court when the question of costs arises. Basically, they want me to have the full amount taken off the debt i owe them, and I have refused.

Can anyone help me out over this? Shalkl i just accept their offer and let them pay it off what i owe, or hold my ground, and if need be let a judge decide what is right?

i FEEL STRONGLY YOU SEE THAT A LEGAL PAYMENT ARRANGEMENT SHOULD SUFFICE FOR THE DEBT I OWE, AND THOSE CHARGES SHOULD BE RETURNED TO ME IN FULL.

Any uirgent help so i can get the letter off tomorrow is appreciated.

[MCBIRNIE25]

Can anyone help with this?

[lateralus]

i see your point and i totally agree - i just don't know what to advise.

wish i could remember that letter someone wrote with a good response to that - if i get it.. i'll put it here.

i see no reason to accept less than what they owe -

 

 

i know you've seen nikki's Nikki vs HSBC

but she seems to be just in front of you - with threats, too.

they do seem to pick a couple to have a good go at - don't know why. is yours iva involved - found this:IVA arrangements

still looking.

 

still not found what i'm after - but found this - read it through - - some of that info might help you - very, very informative

Taking back control of your finances

[MCBIRNIE25]

Hello all,

i received a court letter today i find quite concerning.

I had an unsecured consumer debt for around £1500.

 

 

Court action was taken, CCJ etc.

 

 

i got a letter yesterday over the debt telling me i had to attend the court office on 4th November to fill in an N61

or i can be committed for contempt of court.

 

Anyone any experience of this for an unsecured debt?

[Guest Old_andrew2018]

Bump

[citizenB]

Apparently form N61 ( which can be downloaded from HERE )

 

is an order to complete a statement of earnings (N56)

 

Although if you have been ordered to the court to complete it then it might be best to go.

[postggj]

was that letter sent by the court or a dca or solicitors

[Pokerace]

Her Majesty's Courts Service -Forms and Guidance

Click above and put in your form number to find out what it is

Edited November 1, 2009 by Pokerace
Adding to it