FamilyAJAS vs HSBC ###won###

[lateralus]

and don't you feel good now - having taken that step!

most of us felt empowered by it.

 

and here's a little more for you now that you have filed your claim:

 

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. Their name and address will be on page 2.

 

 

Quote:

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,

[FamilyAJAS]

5 days are up... no post yet

I assume the delay is due to 2-days in the weekend (guess they dont count)

[lateralus]

it'll probably get to you tomorrow.

[FamilyAJAS]

I am starting to worry a bit...

 

~ handed everything in on Thursday 19 April.

~ We are now on the Friday 27 April, that's over 7 days since I took the paperwork into the court.

 

Will have to sit here a bit longer I guess waiting for the paperwork back. Do the courts usually delay this long?

[Castlebest]

Hiya, you used an N1 form with your local court so it will take a little longer because they do everything manually as opposed to MCOL which is semi automated. Plus the courts are under severe pressure from the volume of claims at the moment.

There is nothing to worry about, your claim will have been served to DG its just the paperwork that is catching up.

Don’t forget you have 28 days to wait for DG to submit their defence so a little patience is necessary

pete

[FamilyAJAS]

OK so today in the post I received the Claim Number and "Notice of Issue" from my local County Court.

 

Claim Issued: 20 April 2007

Sent to Defendant: 26 April 2007

Deemed to be Served: 28 April 2007

Defendant has until 14 May to reply

 

So I guess I sit and wait now to see what response the HSBC have to it, and if they offer me full or part payment for the charges and interest

 

Not going to do anything more till I receive the Notice of Acknowledgement

[Castlebest]

That is correct, your deemed served date is the important one, DG now have 28 days from that date to submit their defence.

You should receive your acknowledgement in about a weeks time.

pete

[givememymoney]

Yep and DG will file the defence in 28 days time

[lateralus]

just in case you don't understand or someone else is reading who doesn't..

the deemed served is the important one - and they have 14 days to respond - and they will - so when they acknowledge with their "intention to defend" that buys them another 14 which is why we say they have 28 days to actually submit a defence.

[FamilyAJAS]

so when I receive an "Intention to Defend" it means that they are starting the process to meet me in court.... but I will actually receive an offer of all/part of the funds before that date?

[FamilyAJAS]

Defendant filed an Acknowledgment of Service on 1 May 2007

 

The Defendant responded to the claim indicating an intention to defend all of the claim.

 

The Defendant has 28 dyas to file a defence.

 

So looks like I wait again for either the 28 days and a court date or a letter from their solicitors making me an offer.

[lateralus]

about 6 months ago - this was the point where you started to look for an offer coming in. unfortunately, due to the avalanche of claims this has now moved back by about 4 weeks. hardly anyone gets an offer during the 28 days (which is counted from the date served (or issued) look at the first paperwork you got from the court for that date), so, near the end of the 28 days - they will file their defence. the newest course is for northampton court (mcol) to send it to your local judge and dispense with the aq - you then wait for the local judge to decide which course he wants to take with it - pete (castlebest) is at this very minute preparing a thread which should include all eventualities the local judge might use and how to deal with each. best advice for the moment is just sit tight and wait out the 28 days. i've written two threads dealing with the period after the 28 days - both are in my signature - at the bottom of this post.

in post 1 of each - there are ideas for nudging letters to dg solicitors after the 28 days have passed.

the whole idea is - dg will offer - it's just when will they offer - certainly before it is due in court - but the nudging letters is an effort to get them to deal with them much sooner. so, when the defence is filed and the case transferred to a local court - start nudging dg - one letter every 10 days until they make an offer.

did you send dg a copy of your breakdown - their address in on page 2 of the acknowledgment and now is the time to send them one - also 2 copies to the court to be attached to your claim - so put your claim number at the top of your breakdowns.

[FamilyAJAS]

I didn't go thro MCOL, I went directly to my local County Court because I am exempt from paying the fees and therefore had to do it this way to save paying them and then getting them returned to me.

 

I handed in 3 copies of the paperwork to the court and I am assuming that 1 copy they forwarded to my Bank, who then sent it on to their solicitors.

 

If it is already at local court does that mean I start sending "nudging letters" from now?

[Castlebest]

Hiya AJAS, what you have received is DG's acknowledgement of your claim. Send a copy of your claim schedule to DG, address and contact are listed on page 2 of the form you just received. There is no guarantee DG will be sent anything by anyone, if you send it you know they have it.

 

You will have received a "notice of issue" this details a deemed served date. DG Solicitors have 28 days from this date to submit their actual defence. After this you will be notified what your local District Judge wants to do (but you will probably have to phone to find out whats happening).

 

Then you start nudging

 

pete

[FamilyAJAS]

Well that didn't take long... opened the post this morning and there on the mat was an offer.

 

Original Claim details

Total Charges: £2,259.00

Overdraft Interest: £407.03

8% Interest: 492.08

 

Total Claim Amount: £3,158.11

+ interest accruing at 0.59p per day

 

Offer from HSBC: £2,065.95

 

They disputed one £36.00 charge which had already been refunded... oops!

 

They discounted one £27.50 because they said it went back further than 6 years (Feb 2001), but I thought that claims now could go back further?

"We have noticed that your claim goes back more than six years. We will not consider any claim over six years old given that it is time barred under the Limitation Act 1980. Therefore, our proposal does not include those charges applied more than six years ago."

 

Reference the Interest: "We note that you have added 'interest' to your request for a refund. We do not accept that this is appropriate and therefore our offer of a refund does not include any interest."

 

 

So by my reckoning, taking out the two figures they disputed, the claim amount (without interests) should be:

£2.259.00 - £36.00 - £27.50 = £2,195.50

 

They are £129.55 short in their offer!

But do I have to accept this or can I dispute it?

 

If I dispute it, what happens next, will they make me a better offer?

Or will I loose everything?

[FamilyAJAS]

To be honest I think their offer falls short of what I was expecting to receive.

 

Please someone tell me, am I being greedy here or is this a reasonable offer and the best I will get from them probably?

[freakyleaky]

It is an offer of more than £1000.00 short of your claim, I would reject and continue with your case. You could send a letter saying you will accept as part payment but you will be continuing with your court case to reclaim the outstanding balance.

You are not being greedy, it's your money, the bank was being greedy when it took it from you.

In all other cases I have seen on this site people get a full offer or only slightly short of a full offer in the end!

There are some template letters for rejecting offers somewhere. I will find the link and post it here for you shortly.

[pinkduchess]

you are also claiming the 8% interest now plus the court costs - £1000 is a big difference. I would agree with freaky & continue for the lot

[freakyleaky]

Rejection of settlement offer

 

Have a read of this and decide what you want to do next!

[FamilyAJAS]

This is the bit where I have to make a choice isnt it

 

I feel the offer was rather short of what I was hoping for

 

To be honest I would be prepared to accept the £2,195.50 + Interest charged (£407.03) and forget the 8% added on top

 

That would be a total claim of approx £2,600.00, which I feel would be reasonable and fair. After all it is the total amount of money that they have had from me.

 

Just wondering if I should perhaps even phone them and speak to someone directly about this and see exactly what they are prepared to offer in person, or send out the letter (letter 5).

 

Whatever I do tho, I will sleep on this overnight and not act too hastily

[FamilyAJAS]

I am thinking of replying by letter to them with something like this:

 

 

Thank you for your letter dated 02/05/07. I respectfully decline your offer of Full and Final settlement for £2,065.95.

 

As a gesture of goodwill, and taking your offer into consideration, I would be prepared to accept £2,602.53 as Full and Final settlement of this claim.

 

This is made up of Total Charges (£2,195.50)

[1] + Interest charged to me (£407.03). Please confirm this in writing within the next 14 days or I will continue with the Court action as intended.

 

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 01/05/07 and I would ask that you now refer this matter to your legal department for further instruction if my request is disputed / refused.

 

If this is acceptable to you, then I will expect to receive a cheque for the full amount with your reply.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

 

 

 

[1]Original Claim: £2,259.00

 

Disputed: less £36.00 already refunded

 

Disputed: less £27.50 before the 6 years time frame

 

Total claimed: £2,195.50

[freakyleaky]

It is entirely up to you weather you send the letter. I think they would probably accept it and pay as it is still more than £400 less than they would have to pay if you continued.

If you can afford to wait for your money then I would suggest you reject the offer and continue with the claim.

[Castlebest]

The offer you have is direct from Uncle Colin at HSBC Leeds and is in response to your LBA, the £120 shortfall will be your court filing fee.

As ever when you get an offer from HSBC Leeds you have to weigh up if you are prepared to wait another 2 to 3 months for your full offer or take the money and run now, only you can answer that question.

My own view is once you have filed your claim with the court and have paid the fee you might as well take the ride.

pete

[freakyleaky]

I didn't go thro MCOL, I went directly to my local County Court because I am exempt from paying the fees

 

No fee involved in this one pete:|

[lateralus]

here's the deal - you first write to hsbc and they ignore you

then you file your claim - at that point, you are dealing with dg solicitors - their agents (solicitors)

any offer you receive after you have filed your claim is a last ditch effort from hsbc to either - make you think "oh my god - this is it, it's all they are going to offer - i'd better take it" or "oh my god - this is scary and here's an offer - i'd better take it" etc. it's like watching deal or no deal.

technically- you don't even have to respond to it - although common courtesy would make me do so -

your letter looks lovely - i think you should go ahead and send it if that particular figure is acceptable to you. or, you carry on with the claim and get the interest added on and be prepared for a wait of at least another 6 weeks - yours sounds a good compromise - if it works: fine - if they don't come back with that amount - you just carry on with the claim. good luck.