Hi it's me again (response to rejection letter)

[LisaDJ]

DG have responded to my rejection letter, repeating their previous offer. They say:

 

*HSBC will not entertain a claim in respefct of interest applied to your account while it was in a state of overdraft.

* We do not believe that your schedule is a true refleftion of overdraft interest applied to the charges.

* In addition you seek to recover daily interest at the rate of £0.50 (as suggested by Lateralus) - however in the particulars of claim the interest is 0.36.

 

So... now what do I do? I said before that I though I had messed up and was going to accept their offer but I was advised to hold out for the full amount.

Please help! :(

[HSBC_Destroyed_My_Life]

Hi, It sounds like You've claimed for things on your schedule that are not allowed? Check it to see if things like overdraft arrangement fees are on it. Sorry I can't be much help

[lateralus]

lisa, i think it's a mistake to start a new thread - i had to go looking for this one - there are a couple of people in exactly your boat. look at Andy B v's hsbc About Ready to go.....(ish)(1 and this one:

Eades Vs HSBC (1 2 3 4 5 ... Last Page)

dg are doing this a lot now - questioning the overdraft interest - personally, i think if you are confident that you did it properly - you should stick it out - but if you are really that hesitant - why not ring them and ask them if the settlement offer is still on the table - if they say yes, maybe it is time to take the money and run. don't worry about the confidentiality clause - just cross it off. was there a deadline to the offer? if not - why not just sign it and take it - if there was a time limit - just ring whoever's name is on it and ask if the offer is still on. they will probably be pleased to pay that.

is that what you want to do? read those other two threads and get a feel for what it is all about.

[LisaDJ]

Sorry for the new thread.

The letter repeating the offer came today - it does not have a deadline.

Had a letter from the court saying they had not submitted their AQ, and that it if it is not submitted by the 23rd then they will throw it out (or something)... so then I would get the money.

 

I'm going to hang on for a couple of days and see what comes from the court.

[lateralus]

that's wise - they will have until 4pm that day - so,, bright and early monday morning ring the court - ask if it has been filed or have they thrown out their defense and how do you proceed.

hopefully they will tell you that you must enter a Judgement in Default as the defence has been struck out. To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form.

 

The form you need is an N225, here http://www.hmcourts-service.gov.uk/H...forms_id =465

 

Complete this and file it with the court where you filed your claim

it's like 2 ticks and that's all. you win. see if that's what the court says on monday.

fingers crossed for you.

[LisaDJ]

Thank you Will let you know

[LisaDJ]

Looking at the letter, I think I have done it wrong.

I was charged interest for being overdrawn and I included that in the spreadsheet. They said that only interest applied in respect of the charge would be recoverable, not total overdraft interest.

 

I suppose it's too late now as their AQ is due tomorrow, I may as well see how that pans out. Pooey.

[lateralus]

just go ahead and submit the aq.

 

as for the interest: i'd like to look back on your threads and see if i can tell which spreadsheet you used - but you know what? with 7 hsbc threads - it is nigh on impossible to tell what is going on - this is why, you should carry on with one thread per claim - if it were me: i'd really ask a moderator to merge them for you..... so, because i can't spend hours searching the threads - just see if you can remember - which spreadsheet did you use?

then i can tell help you to see if you did it right or wrong.

 

please don't think i'm getting at you - i'm trying to help and it's like having to look it up in all these different places - if it were all together i could go right to it.

 

so, which s/s - because if it was the advanced s/s, it does the figuring for you and it will be correct. look back at your statements against the spreadsheet if you like - if it was done correctly - it will have picked up some, none or all of all the interest debits from the statements when you did the s/s. see if this is right. let us know.

[LisaDJ]

It was Vampiress's spreadsheet. The AQ already has gone - DG's deadline is tomorrow.

[lateralus]

was it the advanced s/s? if it was then as i said above take a look at the figures against the statements but i bet it is ok. just carry on with my advice from yesterday - ringing on mon.

[LisaDJ]

From the guide

Example: -

 

You have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawful, then the interest should not be placed on the whole amount, only on the amount that you have actually spent. Therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed.

 

So if I was already overdrawn I shouldn't have claimed for the full amount interest.

 

I think I only used the simple spreadsheet. :-|

[LisaDJ]

Update: wasn't able to call the court this week because I'm at work during office hours. Got a letter today saying the claim has been stayed for another 3 weeks. to allow us to make a settlement.

 

DG repeated their offer, so I'm going to check how much the charges come to, then add interest and court fees and saying that's how much I'll accept. I think DG's offer is less than my original charges, though I'm not sure.

 

Definitely cocked up with the overdraft interest thing. D'oh. Have claimed for all the overdraft interest but I shouldn't have because I was already overdrawn at times. It's too complicated.

 

I've just added ONLY the charges = £823.

8% interest = 65.84

Court fees = £220

Total £1108.84.

 

DG are offering me approx £1055. Is it worth quibbling over £50 odd quid?

[lateralus]

personally - with the o/d interest and the three week stay - i'd accept and get it over with. but as a last ditch effort - you could say - thank you for your offer, i will withdraw my claim for overdraft interest and as such would accept an offer from you of 1108.84 - show that calculation above. worth a try - for one more little letter - in fact i'd write it as an acceptance letter type thing - thank you for your offer. or just take the 1055 - but yes, i think i'd make it go away - they could drag their heels forever over the o/d interest. let us know what you do.

[LisaDJ]

I'm going to accept. These letters first went off in October. If I had studied the info more carefully I could've got it right and then maybe they wouldn't have quibbled as much. I told my friend about claiming back and he had all his money back in somethign like 3 weeks. Git

 

It will be a big help for our honeymoon. I didn't want it to get to court and them think I was just being greedy, it was an honest mistake. Pooey.

 

Thank you everyone, I will donate when it comes through 8-)

[nettyg]

congratulations lisa.. enjoy your honeymoon x

[LisaDJ]

Thanks

[lateralus]

i think you are doing the right thing - and hey - it's 1050 pounds you didn't have before - i class that as a good job.

well done. take the money and run, girl!

good luck and congratulations.

 

when you get your money back - let the court know it's been resolved.

[LisaDJ]

Money has gone into the account

 

If any mods read this - can my threads be merged and confirmed "WON"

[givememymoney]

Congratulations Lisa great result