skippymartin Vs HSBC***WON***

[skippymartin]

I've been reading in other threads that I will be needing a copy of the T&C's, the thing is I opened my account back in 1985, so do i need the T&C's from then, or from 2001 when i'm claiming from?:-?

 

Does anybody happen to have a copy from 1985? i know it's a long shot.

 

Thanks

Skippy

[sharongina]

Hi Skippymartain,

I filed my claim through my local court, as long as you have everything in order and it is worded correctly it woll be fine, but even if it isn't don't worry the clerk will have a look through your claim form and if there is any errors, she will tell you what needs correcting (remember 3 of everything)

[Castlebest]

Hiya skippy, in theory you should have all of the trems and conditions, and the changes over the years but yes this is a long shot at the moment.

 

I think I have seen 1985 about somewhere, if you cant find these then the oldest ones you can get a copy of should do. even in 2000 or 2001 I dont think they had reworded it to call their charges "fees" read what you get.

 

pete

[skippymartin]

Hi everyone,

 

Latest Update,

 

Took papers to Luton County Court on 6th June, papers sent 6th June deemed served on the 8th June.

18th June received letter from court stating DG (HSBC) defending the claim

i'm assuming the 28 days is from the 8th June when deemed served

 

Cheers

Skippy

[lateralus]

that's right - have you sent copies of your breakdown - to the court and to dg to be attached to your claim with claim number on it.

do that now if you haven't already.

[skippymartin]

that's right - have you sent copies of your breakdown - to the court and to dg to be attached to your claim with claim number on it.

do that now if you haven't already.

 

By Breakdown do you mean the spreadsheet with all the charges on it? If that is the case then yes, i handed three copies of them in when i took the papers to the court on the 6th

 

 

Cheers

Skippy

[lateralus]

oh, you did the n1 - that's fine -

still send a copy to dg - address is on second page of your notice of acknowledgment.

[skippymartin]

oh, you did the n1 - that's fine -

still send a copy to dg - address is on second page of your notice of acknowledgment.

 

Ok will do. Is there a template of a cover note to send with it anywhere? (i can't seem to remember seeing one) as i'm not very good at writing letters and what info do i need to include.

 

Thanks

Skippy

[pinkduchess]

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

DG's details will be on page 2 of the acknowl.

 

 

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[skippymartin]

Thanks pink,

 

I'll send that off this morning.

 

Cheers

Skippy

[skippymartin]

Hi All,

Another update,

received the papers from the court giving HSBC's defence and the AQ papers on Thursday to be returned by the 23rd July,

 

Then on Friday i received a letter from HSBC offering me £1,318.78 (claiming for £1,585.00 of charges), which given my circumstances at the moment i am going to accept.

 

Do i send the acceptance sheet back to HSBC in Leeds, and a copy to DG in Birmingham and a copy to the court saying the case is now closed? or are there other things i need to do as well?

 

Thanks

Skippy

[lateralus]

go ahead and accept to whomever wrote the letter - forget dg for the moment. did the offer include your filing fee? -

 

let me put a letter here for you and you can use it or loose it - but it might get you a few extra pounds.

 

also, don't halt the case until you have the money in your hand - but then by all means write to the court and tell them it has been resolved.

 

 

here's a letter you could use back:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I am inclined to accept your offer as personal circumstances would prevent me from giving this my 100% attention at the moment. As I have filed my court claim, were you to add the cost of filing that claim to your offer, I would accept that offer as full and final settlement. The total amount I wish to be refunded is £XXXXX (their offer plus your filing fee).

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

 

 

 

 

 

 

 

as i say it's up to you - but this has worked before - and the open case is your ace in the hole - don't halt it until you have your money.

[skippymartin]

go ahead and accept to whomever wrote the letter - forget dg for the moment. did the offer include your filing fee? -

 

let me put a letter here for you and you can use it or loose it - but it might get you a few extra pounds.

 

also, don't halt the case until you have the money in your hand - but then by all means write to the court and tell them it has been resolved.

 

 

here's a letter you could use back:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I am inclined to accept your offer as personal circumstances would prevent me from giving this my 100% attention at the moment. As I have filed my court claim, were you to add the cost of filing that claim to your offer, I would accept that offer as full and final settlement. The total amount I wish to be refunded is £XXXXX (their offer plus your filing fee).

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

 

 

 

 

 

 

 

as i say it's up to you - but this has worked before - and the open case is your ace in the hole - don't halt it until you have your money.

 

Hi Lateralus,

If only i held back, i've been out all day and in that time i've sent my acceptance off recorded to HSBC(Leeds),

Thanks for the reply anyway, hopefully someone else will read ths and take note.

 

Thanks

Skippy

[lateralus]

never mind - it's still a very good win!

[pinkduchess]

well done skippy

[skippymartin]

Thanks Pink, and Lateralus:D .

and thanks for all your advice

 

Skippy

[Castlebest]

Congratulations Skippy ..well done

 

pete

[skippymartin]

Hi All,

Another update,

received the papers from the court giving HSBC's defence and the AQ papers on Thursday to be returned by the 23rd July,

 

Then on Friday i received a letter from HSBC offering me £1,318.78 (claiming for £1,585.00 of charges), which given my circumstances at the moment i am going to accept.

 

Do i send the acceptance sheet back to HSBC in Leeds, and a copy to DG in Birmingham and a copy to the court saying the case is now closed? or are there other things i need to do as well?

 

Thanks

Skippy

 

Help needed:-

I accepted the offer made by HSBC(not DG) and sent it back to the leeds office by recorded post which they received on the 9th July. they said it would be paid into my account within 14 days in the original letter, Which is on monday(the 23rd) the same day as to when the AQ has to be back at the court.

the thing is the deadline is getting closer and still nothing, has anybody been in the same situation as me and will HSBC come up trumps. or do i start geting my printer warmed up for all the printing needed for the court bundle?

Hope this makes some kind of sense to you.

I'll probably start to panic properly on friday.

 

Thanks

Skippy

[pinkduchess]

if i were you i'd be calling / emailing hsbc daily until money is transferred.

 

let them know there is a deadline on the AQ

 

are you expecting a cheque or can it be paid into your account?

[skippymartin]

if i were you i'd be calling / emailing hsbc daily until money is transferred.

 

let them know there is a deadline on the AQ

 

are you expecting a cheque or can it be paid into your account?

 

Hiya pink,

thanks for replying so soon, I'm expecting it to be paid into my account. i'll ring them tomorrow to make sure they haven't "lost" my acceptance slip.

don't suppose you know the number do you to save me searching through everything:grin:

 

Thanks

Skippy

[pinkduchess]

presume its this one - good luck

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Tel 08456 028006

 

Fax 08001696143

[skippymartin]

presume its this one - good luck

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Tel 08456 028006

 

Fax 08001696143

 

Thanks pink,

I'd actually just found it on the letter offering me the money.

thanks for looking for me.

 

Skippy

[lateralus]

wait until friday and if the money still isn't in - ring the court and tell them that you have received and accepted an offer but the money isn't with you yet and you don't want to halt the claim until it is and ask for a one week extension on the aq deadline. they may want you to back it up in writing but i'm sure they will say ok.

[skippymartin]

wait until friday and if the money still isn't in - ring the court and tell them that you have received and accepted an offer but the money isn't with you yet and you don't want to halt the claim until it is and ask for a one week extension on the aq deadline. they may want you to back it up in writing but i'm sure they will say ok.

 

Thanks lateralus,

i'll wait until friday.

 

Thanks

Skippy

[skippymartin]

Hi all,

 

I managed to get through on the phone today, after god knows how long on hold, and was told that the payment was processed this morning and should show in my account in the morning:)

 

I know i need to write to the court to stop the case, but do i need to write to DG to let them know or will HSBC do that?

 

Thanks

Skippy