Rejecting an offer

[Skinny Puppy]

Morning all,

 

I've been a member of the forum for a fews months now, but never posted as things appear to be going exactly as planned.

 

However, having just received an offer letter I wanted to know if anyone has any tips or templates for a rejection letter?

 

In brief, I claimed for £2,618.15 for my personal account (they have offered £1,773.00) and £927.74 for my joint account (offered £789.30).

 

They are saying that my claim for interest is not "appropriate".

 

I have done this completely by the book so far and it seems to be working so can anyone point me in the right direction?

 

Skinny Puppy (Steve)

[shelter pie]

Hiya

 

Heres the rejection letters

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Im not sure how you have laid out your claim with them, but to clarify for you, interest can only be paid to you if your claim has reached the court stage!

 

So if you have had an offer for the exact amount of charges, and havent reached the fMCOL stage, then you have to accept it.

 

HSBC do appear to save themselves a lot of money by settling out of court and thus saving on paying interest and cost to claimants.

[Skinny Puppy]

Thanks Shelter Pie,

 

Just to clarify, I went through the usual first letter, got a response to say "thanks - but we'll ignore that request" so then placed a claim on HMCS.

 

This is when I received the offers mentioned.

[shelter pie]

Did you send them a second letter?

 

It should go Prelim - then LBA?

 

Usually HSBC settle after the LBA. However if you have followed the correct proceedure then yes you are entitled to interest and of course your costs!!!!

 

Cheeky mares if they trying to pull that fast one!!

[Skinny Puppy]

I think I've got myself out of synch!

 

I sent the prelim letter, then filed a claim with HMCS when they responded with the above offer.

 

Should I send the LBA now, or have I stitched myself up by jumping two steps ahead!?

[Rayne]

no point sending the LBA now if you've already filed with HMCS, on the grounds that LBA stand for Letter BEFORE Action...and the action has already been filed.

[Skinny Puppy]

Should I continue with the request, or does this mean I may have to settle for what they've offered me?

[Rayne]

Down to ur personal circumstances at the end of the day. If you're happy to settle for less than your claim then go for it...if it were me I wouldn't though.

 

Unless one of the mods or site helpers can correct me on that one?

[Milly12]

Shelter Pie isn't quite right there - End of the day, you can reach any kind of settlement out-of-court that you like - so long as the other side will agree it.

 

And if you can claim it at trial, then you might as well ask for it in your pre-trial negotiation letters. Never know, the bank might just go for it.

 

HSBC customer service are complete thickos - they've told me they won't pay the "interest" part of my claim because they're entitled to charge interest as per their terms and conditions.

 

Which is true, but not at all the point.

 

What's being claimed is loss of benefit i.e. loss of having the opportunity of earning interest on your money for the last 6 years or so, precisely because HSBC swiped it in unreasonable charges.

 

You would ordinarily claim loss of benefit, at trial, in the form of interest.

[Skinny Puppy]

Thanks for you input every one.

 

I'm going to reply to HSBC rejecting their offer. Because I jumped the gun, their 28 day response period is already up, so I guess I can just skip the LBA and tell them I'm not rolling over!

[lateralus]

and don't go telling them anything - like gee i'm sorry i didn't send an lba.

to be honest - you are now dealing with their solicitors - dg - so the offers from hsbc are now off the radar - you are going for the whole enchalada!

did you send the courts and dg a copy of your breakdown? you should do that now if you haven't already.

 

did you try pressing the button on mcol - does it say that they have defended? if so, in a couple of days you'll get more paperwork.

 

probably the allocation questionaire will be dispensed with - that is now the norm. so, take a look at this thread - New---after 28 Days - Maybe No Aq!!!!!!! there is a letter in post 1

when you've received your paperwork from the court dispensing with the aq and telling you it's transferred to a local court - you could ring dg - just the one time to ask if your breakdown details have been received. after that - just go for the nudge letter in post 1 of the thread above and send dg a nudge every 10 days until they send an offer.

 

forget about the lba - forget about those offers -

just concentrate now on getting dg to offer.

get back with what your paperwork says.