HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!

[overcharged_consumer]

I haven't a clue what HSBC are up to! You filed your claim on June 5th, for issue June 6th and service presumably June 11th. They've already acknowleged your claim.

 

My claim was issued May 26th, served May 31st AND STILL NOT ACKNOWLEGED!!!

 

OC

[HSBCrusher]

Hi Crusher,

 

Looks like we are on an identical timetable. However, I'm not sure if you were offered anything before taking it to moneyclaim. For some obscure reason, they offered me over 80% of my original claim, which just seems stupid that for the sake of another £200, they could have saved themselves court expenses AND interest.

 

Oh well, it suits be, the interest alne is £400.

 

Maybe we'll get our money back on the same day?!?!

 

 

All the best, I'll be watching...

 

No offer for me, I just had a "get lost" letter.

I am led to believe that they will not wait the 28 days and make a full offer as posted earlier in my thread.

I am quite happy they didn't just pay up, like you say now I get the interest too as a bonus.

[HSBCrusher]

I haven't a clue what HSBC are up to! You filed your claim on June 5th, for issue June 6th and service presumably June 11th. They've already acknowleged your claim.

 

My claim was issued May 26th, served May 31st AND STILL NOT ACKNOWLEGED!!!

 

OC

 

Must be down to volume of claims.

These will go through the roof I would imagine after the Trevor Mc Doughnut programme.

The acknowledgement actually came back on the 8th, I filed on the 6th, so very quick.

It might be an idea to send a letter to them stating the action you have taken, and that they will be receiving paperwork from the court. There seems to be an issue arising of some folks getting a judgement set aside because the bank has "lost" the paperwork and not had a chance to defend.

[overcharged_consumer]

Cheers Crusher.

 

I figured it may have something to do with volumes of claims but then that doesn't explain why yours was acknowleged almost immediately and mine still hasn't been even though my claim was issued over a week before yours. I've sent them a letter advising action has been taken and advising that I'm still awaiting acknowlegement of the claim.

 

OC

[HSBCrusher]

That covers your back, if they try and go for a set aside (if you go for judgment after the 28 days) you can prove they did indeed know about the case, and they are also incompetent as well as greedy.

[overcharged_consumer]

If they fail to acknowlege I can apply for judgement after 14 days but I don't really want to win by default. Ultimately it has the same outcome but I either want them to acknowlege that I'm going through this process and offer settlement (because even though they say "without admitting ...." they are still sort of acknowleging they agree that their charges are wrong) or for it to proceed to court for a full hearing. The latter option, regardless of whether or not I win, means I've had my day in court and have made a point.

 

If I win by default it just means that their internal processes have failed and doesn't provide any sort of moral victory. As useful as the money would or will be, it's the moral victory that matters the most.

 

OC

[sopsps]

Hi HSBCrusher

I filed a MCOL on June 1st and like Overcharged, I haven't had a squeak from HSBC either.

I thin kI need to contact them to bring my claim to their attention!

When you wrote to them tellying them you've taken action - did you send a copy of the pdf form with the claim details that you can view on the MCOL site?

cheers

[overcharged_consumer]

Save hijacking this thread I'll post in my own, titled A shade under £3,000.

 

OC

[HSBCrusher]

If they fail to acknowlege I can apply for judgement after 14 days but I don't really want to win by default. Ultimately it has the same outcome but I either want them to acknowlege that I'm going through this process and offer settlement (because even though they say "without admitting ...." they are still sort of acknowleging they agree that their charges are wrong) or for it to proceed to court for a full hearing. The latter option, regardless of whether or not I win, means I've had my day in court and have made a point.

 

If I win by default it just means that their internal processes have failed and doesn't provide any sort of moral victory. As useful as the money would or will be, it's the moral victory that matters the most.

 

OC

 

the moral victory, I agree, is most important.

there is where the satisfaction lies.

[gordonhall]

Actually, they made me two offers - the first for £1100, and then one a week later for £1375. Maybe I'm collecting them on behalf of everyone else!!!

 

 

I do have a thought though....

 

I "think" I'm a good customer. Apart from going overdrawn over the past six years, I have everything with the HSBC. Mortgage, house and contents insurance, and endowment, some other life cover, etc etc.

 

I wonder whether the "good customers" get offers over others? Just a thought...

[HSBCrusher]

Well, I am a good customer too, I have the same sort of products as you.

Those who do not claim back the money taken from their accounts, now they are the really good customers.

[gordonhall]

Oh well, there's my theory blown out of the water - maybe I'm just better looking than you!!!!

[HSBCrusher]

That's not difficult.

I fell out the ughy tree and hit every branch on the way down!

[gordonhall]

Just logged onto moneyclaim, and see that they have acknowledged my claim today - surely it cant be too much longer now....

[HSBCrusher]

Keep going bud.

It's a big game of chicken, nothing more.

[gordonhall]

Crazy really, there's no way I'd back down, and I'm sure you are the same...

[HSBCrusher]

The words Hell and Freezing spring to mind!!!!

[HSBCrusher]

Okay, now it becomes interesting.

A letter comes today, offering me half.

Its the standard "we feel confident we will win blah blah etc" that we have seen so many times before on this forum. (thats the beauty of it isn't it).

I will be replying that I accept the money as a down payment and will still be coming for the rest. After all, legal action has started now, why not bring it to conclusion? It's my money they have.

Now, my question is...

there have been exta charges added the past few days, is it possible to add these to the claim? I can't see how really.

I suppose I will have to start a new claim against them when this one completes?

[gordonhall]

I don't want to get personal about your finances, but are you in a position to keep out of the red when you get the charges refunded?

 

If so, I'd write in with the letter that you are about to send, that along with the current amount that you want settled, you also want these extra charges sorted out. If you paid for the moneyclaim costs from your HSBC, you could also use this as an argument against them, in that if it wasn't for the fact that you have had to persue this through the courts, you wouldn't have had to go in the red again.

 

Give it a try and see how you go on.

 

Failing that, once the money comes through, you can always try phoning the branch in a few weeks and ask them to note the "refunded charges" that have been applied and that you are sure they don't want to go through another costly legal expense...

[HSBCrusher]

Hello Gordon.

Yep, I will have no overdraft when refunded.

I will mention the extra charges in my letter, and make it absolutley clear that another legal action will be coming their way if the charges remain!

You heard anything yet?

 

Crusher- (you'd better believe it!)

[gordonhall]

Post round here (Bury, Lancs) is cr*p. Always take till lunchtime/mid afternoon before it arrives! Maybe today huh?

[overcharged_consumer]

The only thing to be wary of by making a second claim is that if they don't close your account after the first, they almost certainly will after the second.

 

Perhaps you could just grin and bear the recent charge for now and then maybe take action in another four years or so (that way, if it reaches court you get the benefit of 8% interest anyway for four years).

 

OC

[HSBCrusher]

I see your point.

I could get them to refund the charges informally, ie look at this refund of charges, what about these?

The account closure issue is somewhat legally cloudy though?

[gordonhall]

I'm not aware of HSBC making a particularly hard stance on account closures (unlike Alliance and Leicester), but I'm sur eit will come. However, if you are a reasonably profitable person for them (in way of endowments, insurance etc) then I think it is less likely.

 

Can never be too sure though...

[gordonhall]

Had my letter from the courts saying that HSBC (DG solicitors) are putting in a full defence. Expected that of course...