un1boy v HSBC - SETTLED!

[un1boy]

I've just been reading thrrough Mjanet's thread.

 

I propose to send this back in response to the settlement. ANy ideas?:

 

_____________

 

Thank you for your letter dated 01.08.2006 regarding a settlement offer for the claim I have made against HSBC. I would like to inform you that I have received your letter and noted your points. However, like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure of £600.27 you have quoted. I will accept this as full and final settlement of this particular claim, in the form of a cheque made payable to: un1boy. I expect the cheque to reach me within seven days. I would like to remind you that the daily interest rate of xx still applies and would need to be added onto this amount up until the date you agree to to my terms. I reject all other conditions you have attached: Unless your client would like to negotiate a payment for this extra service you are asking from me, as a separate agreement?

I will continue my claim against your clients until such time that your client accepts my terms and has paid the amount I have asked for into my account.

Please be advised that I require all further correspondence to be sent to the address at the top of this letter. I have made this request in writing to HSBC as part of my original DPA SAR request and many times over the phone. Any correspondence sent to xxxxx will take another two working days to be re-directed to me.

 

I would like to take this opportunity to advise you that there is no unilateral imposition of confidentiality in these circumstances, which I am sure you must fully realise; for you to say otherwise is an abusive deception. I will pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

_____________________

 

What do you think?

[rdm2006]

they pay only 10% of the loan to the original owner and then chase you for the full amount there is information about it on this website somewhere saying you should ask the DCA for a copy of their agreement with the bank which will show how much they paid for it and then offer them that amount. not sure where i saw that though

 

hope this helps

[un1boy]

Interesting, I'll see whether I can find anything out. Does anyone know where I can find this sort of info?! FSA etc?

 

Also - anyone any ideas about my respinse to the settlement?

[rdm2006]

ask them for details of you a/c under freedom of info/data ptotection etc

[un1boy]

I've just been reading thrrough Mjanet's thread.

 

I propose to send this back in response to the settlement. ANy ideas?:

 

_____________

 

Thank you for your letter dated 01.08.2006 regarding a settlement offer for the claim I have made against HSBC. I would like to inform you that I have received your letter and noted your points. However, like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure of £600.27 you have quoted. I will accept this as full and final settlement of this particular claim, in the form of a cheque made payable to: un1boy. I expect the cheque to reach me within seven days. I would like to remind you that the daily interest rate of xx still applies and would need to be added onto this amount up until the date you agree to to my terms. I reject all other conditions you have attached: Unless your client would like to negotiate a payment for this extra service you are asking from me, as a separate agreement?

I will continue my claim against your clients until such time that your client accepts my terms and has paid the amount I have asked for into my account.

Please be advised that I require all further correspondence to be sent to the address at the top of this letter. I have made this request in writing to HSBC as part of my original DPA SAR request and many times over the phone. Any correspondence sent to xxxxx will take another two working days to be re-directed to me.

 

I would like to take this opportunity to advise you that there is no unilateral imposition of confidentiality in these circumstances, which I am sure you must fully realise; for you to say otherwise is an abusive deception. I will pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

_____________________

 

What do you think?

 

*bump*

[un1boy]

I've just got the settlement offer as they have been sending all corres to my parents address, not mine and who'll never guess what? I am a lad and my name is spelled in a way that is prodominately the female's way of spelling it. I have signed off all my letter (MR) at the end and my records show that I am a male.

 

Well, DG Solicitors letter is addressed to Ms and starts Dear Madam!! So I'll write back and tell them......they are a bunch of male chickens aren't they?

[un1boy]

ask them for details of you a/c under freedom of info/data ptotection etc

 

I'm confused - please tell me what I would need to do this for?!

 

Sorry, maybe I;m being thick!! lol.

[un1boy]

Right, going back to my settlement - here is the final letter I am sending:

_______________________

Thank you for your letter dated 01.08.2006 regarding a settlement offer for the claim I have made against HSBC. Firstly, I would like to point out that I find it offensive that your letter was addressed to Ms un1boy and started Dear Madam. I am surprised that you would address me as though I am female, especially as my records show that I am in fact a male and all of my letters are signed off “un1boy (MR.)”. In any case, I would like to inform you that I have received your letter and noted your points. However, like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure of £600.27 you have quoted. I will accept this as full and final settlement of this particular claim, in the form of a cheque made payable to: Mr. un1boy. I expect the cheque to reach me within seven days. I would like to remind you that the daily interest rate of £0.00022 still applies and would need to be added onto this amount up until the date you agree to my terms and payment is made. I reject all other conditions you have attached: Unless your client would like to negotiate a payment for this extra service you are asking from me, as a separate agreement?

I will continue my claim against your clients until such time that your client accepts my terms and has paid the full amount, including the daily interest, into my account

Please be advised that I require all further correspondence to be sent to the address at the top of this letter. I have made this request in writing to HSBC as part of my original DPA SAR request and many times over the phone; all of my letters to HSBC have also had this address at the top of them. Any correspondence sent to xxxx will take another two working days to be re-directed to me and could be viewed as a breach of the Data Protection Act as you and HSBC have not kept up-to-date information, despite my requests both verbally and in writing.

I would like to take this opportunity to advise you that there is no unilateral imposition of confidentiality in these circumstances, which I am sure you must fully realise; for you to say otherwise is an abusive deception. I will pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points.

_____________

 

This is going on Monday, any feedback would be greatly appreciated.

[barracad]

I would like to remind you that the daily interest rate of £0.00022 still applies and would need to be added onto this amount up until the date you agree to my terms and payment is made.

 

£0.00022 is about two-hundredths of a penny. This means that the interest would have to accrue for 50 days before it would even be a penny - I assume this is a typo?

[un1boy]

Oh dear - what is the daily rate then?

 

I was using the information you gave me!:

 

Amount claimed is claim amount including interest but excluding court costs.

 

Daily rate of interest is claim amount excluding interest x 0.00022

 

What would the daily rate be then? :-/

[barracad]

I think you've just answered your own question...

 

The daily rate of interest is the claim amount, excluding interest, x 0.00022

 

So unless your claim amount was £1 I think you've done your sums wrong

[un1boy]

Oh right, well then, I'm a bit confused. lol. can you explain how i'd approach this?

 

thanks.

[barracad]

Approach it in what way?

 

If you mean amending your Particulars of Claim (assuming you put this on there) then it isn't worth it - it would cost you £35 to amend it which I guess will be more than the amount you are adding on.

 

I suggest on this occassion you forget about the daily rate of interest as it is too late to do anything about it without incurring extra costs. (The £35 fee cannot be added to your claim).

[un1boy]

ok, thanks for this - how would it work in the future? or, how should it work? lol

[barracad]

You would need to work out the daily rate of interest and claim it when you issue your claim at the court, by including it in the Particulars of Claim.

[un1boy]

Right ok, and how do i know what the daily rate is? do i work out 8% APR daily? this is the thing im confused about really, how to calculate the daily rate. or, do is it worked out by multiplying the claim excluding interest by 0.00022?

 

let me know if i've got it right? lol

 

thanks for this by the way!

[barracad]

is it worked out by multiplying the claim excluding interest by 0.00022?

 

Yes!

 

See posts #78, #79, #115 and #116... lol

[un1boy]

ok, thanks loads barracad - just had to get it right in my head.

 

apart from that and the last paragraph which im going to take out, you think my reply to the settlement offer is ok?

[barracad]

Yes.

[un1boy]

Just an update. i sent this reply to DG solicitors with regards to their settlement offer:

___________________

Thank you for your letter dated 01.08.2006 regarding a settlement offer for the claim I have made against HSBC. Firstly, I would like to point out that I find it offensive that your letter was addressed to Ms un1boy and started Dear Madam. I am surprised that you would address me as though I am female, especially as my records show that I am in fact a male and all of my letters are signed off “un1boy (MR.)”. In any case, I would like to inform you that I have received your letter and noted your points. However, like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure of £600.27 you have quoted. I will accept this as full and final settlement of the cash element particular claim, in the form of a cheque made payable to: Mr. un1boy. I expect the cheque to reach me within seven days.I reject all other conditions you have attached: Unless your client would like to negotiate a payment for this extra service you are asking from me, as a separate agreement?

 

I will continue my claim against your clients until such time that your client accepts my terms and has paid the full amount, including the daily interest, into my account

 

Please be advised that I require all further correspondence to be sent to the address at the top of this letter. I have made this request in writing to HSBC as part of my original DPA SAR request and many times over the phone; all of my letters to HSBC have also had this address at the top of them. Any correspondence sent to xxxx will take another two working days to be re-directed to me and could be viewed as a breach of the Data Protection Act as you and HSBC have not kept up-to-date information, despite my requests both verbally and in writing.

______________________________

 

Hehe, just waiting for their reply now. Should be quick because they've only got a couple of weeks now and they can see that I'm not just going to cave in and this sttlement is going to be on MY terms!

 

I'll keep you posted.

[un1boy]

Just a quickie - if I have a claim for 862.00 and I am trying to work out the daily interest rate, I have done this:

 

862.00 x 0.00022 = 0.18964

 

How do I covert the result into pounds/pence?

 

sorry, I am crap wth maths!

[angela1606]

ok first what does the 862 for is it the total claim before interest is it your tsb claim right it should be it will be 19p per day

[un1boy]

Yes sorry it's my Lloyds one - posted it on the wrong one! Thanks for clarifying that angela, I can see it now, lol. How embarassing! I have an excuse though - believe it or not I re-took my maths GCSE three times and each tmie got a 'D' lmao!!! I just can't seem to get my head around some maths, lol.

 

Thansk again, appreciate that!

[angela1606]

dont worry i knew training to be an accountant would help one day lol

[un1boy]

lol well the most embarassing thing is as ssoon as I read your message about it being 19p I realised straight away, lol - you know when you look at something and it doesn't look right but when someone points it out you think "oh yeah, that's it!'