un1boy v HSBC - SETTLED!

[un1boy]

I agree with you - the letter accpmpanying the cheque said that someone had tried depositing the cash a BACS transfer......hmmm, my settlement was as a cheque!! They forwarded it on as a cheque because the account was closed. I won't bother with the daily interest, but sometimes I just want to persue it out of principle.

 

I have sent colin langdale this letter in response to him telling me that I am entitled to no more information under the Data Protection Act "which will shed light on the charges situation."

 

_______

Thank you for your letter dated xxxxx regarding manual intervention and staff activity on my account. I note your comments regarding the disassociation with the calculation of your fees and the volume of staff activity on customers’ accounts.

 

The purpose of my request however was to obtain all information HSBC holds on me regarding the account above; as per my rights under the Data Protection Act (DPA). This includes all notes that have been applied to my account since its inception. The first sentence of my letter dated xxxxx states this clearly.

 

I therefore would appreciate you forwarding all information held about me regarding the above account, with the exception of the statements, within the next 14 days.

________________

 

Let's see what he replies. If he does, lol.

 

In terms of my settlement - if the cheque clears, how do I stop the claim? Because they haev entered a defence can I now take it all the way? I'm so tempted to - or should I see what their defence is? MCOL says I cannot do anything now.

 

OK so I have received a letter sayign that they are sending me copy statements as this is the only information they have regarding charges.

 

I called them to explain that I wanted a copy of the comments, nothing to do with charges and the guy said that they are sending the statements. I told himm not to as it would be the third time they've sent them and it would be a waste of their money and that I would bill them if I have do receive them for disposing of them securely.

 

He said that he would get the Data team to look into it and send me them. Once I asked how ling this would take, he said "I don't know, let me ask" when he came back he said it would take 40 days max.

 

I explained that wasn't an option; it had taken over 60 days and five letters for me to get the information I reauested and that if I didn't get the comments within 7 days I would start action and bill them as stated in my last letter for all letters and my time regarding this issue. I asked that he called me back in the morning to give me timescaels. He said he would.

 

True to his word, he called me and comfirmed it was a copy of the comments I asked for, not charges. I confirmed this and he said that he would get them sent within 7 days.

 

2 days later I get a standard form asking me to send £10 and a reason I want the information as they amy be able to send me it free. I'm going to reply saying that I have recived the infomation for my credit card which was deemed as part of my orginal DPA request and that if I do not receive it for my current account by the end of the week I will invoice them for £15 to cover the recorded delivery costs and I will bill them at a rate of £30 per hour, assuming that each of letter I have written takes one hour. I will politely remind them that I have sent around 10 letters in total.

 

We'll see what happens. Will keep you updated!

[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 Data Protection Act S.A.R - (Subject Access Request) 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.

 

I am going to write to DG thanking them for the cheque but advising that because they tried putting it in as a BACS transfer and have not paid the daioly interest they have broken the terms of MY settlement and therefore advising the law society of their aooalling behaviour. Didn't even get an apology for addressing me as Madam and Ms!!! DG are a***holes, I'm not giving them an inch.

 

Anyone know any details for the law society, lol!?

[sar011279]

Hey there, thanks for posting the letter, sorry I should have let you know that they settled out of court and strictly on my conditions, complete with a little something extra for my troubles!!!

Hey, this'll make you laugh, got a letter from the solicitor that I saw last week regarding the claim. One paragraph of the letter says that they believe my knowledge in this area is greater than their own!!!! - should I ring them and ask for a job? £100 per hour with 50% straight to BAG?

[andyinlondon]

SAR with the help of this site i am sure it is lol

[un1boy]

Hey there, thanks for posting the letter, sorry I should have let you know that they settled out of court and strictly on my conditions, complete with a little something extra for my troubles!!!

Hey, this'll make you laugh, got a letter from the solicitor that I saw last week regarding the claim. One paragraph of the letter says that they believe my knowledge in this area is greater than their own!!!! - should I ring them and ask for a job? £100 per hour with 50% straight to BAG?

 

That's great. how did you wangle the little extra? I wanted to too, lol.

 

Can you check this, this is what I want to send to DG:

_________

Thank you for the cheque that was sent as a full settlement of the cash part of my claim for unlawful charges against HSBC.

I have written to the court to advise them the claim is to be withdrawn and that a settlement has been reached out of court. I would like to point out however that the terms of my settlement were not adhered to at all and I am disgusted that I received no apology for your blatant disregard of my personal information by addressing me in your original letter as Ms and Madam.

The settlement letter I sent you dated xx stated, “I will accept this as full and final settlement of this particular claim, in the form of a cheque made payable to: Mr. Un1boy" This is the first term that was not adhered to as I received a letter from HSBC informing me that the amount of £xxx was transferred into my account via the Banker’s Automated Clearing System (BACS).

The second term that has not been adhered to stated that “I would like to remind you that the daily interest ate of £xx 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 have not received any daily interest amounts and when I asked you about it I was shocked with your reply of, “We aren’t going to fiddle around adding pennies to the amount.”

I have referred my concerns to the law society, including a copy of your letters as I am certain that the way you have dealt with this claim has not been professional. Along with my concerns that you been vexatious litigants by using the court service to buy you more time. For your response to be, “Well, that’s no problem – we can enter a defence” after I called you to advise that the 28 days to enter a defence ended Monday xxx so the cheque should reach me by then, was surprising.

________

 

What do you think?

[un1boy]

S.A.R - (Subject Access Request) with the help of this site i am sure it is lol

 

I agree, my confidence and knowledge has grown immensley due to the information on this site!!

[sar011279]

Letter sounds fine mate. I was at logger heads with DG solicitors as I wanted a cheque and they wanted to pay into my account so that they could have my overdraft back (I've been paying them token payments through CCCS and they didn't like it). I said that I'd accept payment to my account to clear overdraft provided that the payment was increased so that I would have enough to play with. Blackmail is a terrible word but........

[un1boy]

Thanks sar01 - i'll tweak it a little to make it more readable and then post it again when I send it.

 

If you don't mind me asking, how did you manage to get a little somthign for troubles? lol. pm me if you'd rather, or tell me where to go!! Just be interesting to know the tecchniques you used!!

[un1boy]

This is what I am going to send to DG:

________________________________

Thank you for the cheque that was sent as a full settlement of the cash part of my claim for unlawful charges against HSBC.

I have written to the court to advise them the claim is to be withdrawn and that a settlement has been reached out of court. I would like to point out however that the terms of my settlement were not adhered to at all and I am disgusted that I received no apology for your blatant disregard of my personal information by addressing me in your original letter as Ms and Madam.

For your reference, the main term of my settlement, which was stated in my letter dated xxxx, is set out below and details of your failure to comply are underneath it:

”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 received a letter from you dated xxxx which states, “We confirm the agreed sum will be credited to you by way of a cheque in the next 7 days.” However I was only sent a cheque when I received a letter from HSBC informing me that the amount of £600.27 was transferred into my account via the Banker’s Automated Clearing System (BACS). They issued a cheque only because the account was closed.

I will draw your attention to the fact that I called xxxx to inform you that the 28 days for you to file a defence ended Monday xxxx. I was amazed at your response, as well as the callous tone, which was, “That’s no problem, we can enter a defence!” After explaining that I was entitled to the daily interest you told me that the cheque was being issued and that you were not going to “fiddle around” with it for the sake of pennies. I would like to point out that I am a mere layperson in terms of the law and as a qualified solicitor it is your duty to act within the law and support me as a claimant.

I have referred my concerns to the law society, including a copy of your letters as I am certain that the way you have dealt with this claim has not been professional or law abiding. I have advised them of my concerns that you have been vexatious litigants by using the court service to buy your advantage, even though you intended to settle right from the start. I have also highlighted to the Law Society your attempts at trying to impose unilateral confidentiality over the claim settlement.

_____________________________________

What do think?

[un1boy]

*bump*

[un1boy]

I got in today to find another letter from HSBC saying that they had a tranfer into my account of around £30 but have sent me it as a cheque.

 

Now, I have no idea what this is for but I'm assuming it's the daily interest. Not that I'm complaining but the rate of Daily interest for my claim was about 10p so god knows what dates they've used!! Ah well, off to the bank to cash it tomorrow.

 

Should I call DG and ask if they sent it? I don't want to incase they change their minds. Mind you - this accounts been closed nearly 2 years and the only time i've received a cheque due to a transfer before was when they sent my settlement.

 

It's interesting though how they have been holding out to pay this interest - they settled early August and I'm due to tell the court what I want to do in response to their defence by 19th September. Coincidence?

 

Anyway, I'm going to write to the court now to tell them it's all settled and then send the above letter to DG. I'm going to write one to the law society too, I'll post it of course!

[un1boy]

This is what I am going to send to DG:

________________________________

 

Thank you for the cheque that was sent as a full settlement of the cash part of my claim for unlawful charges against HSBC.

 

I have written to the court to advise them the claim is to be withdrawn and that a settlement has been reached out of court. I would like to point out however that the terms of my settlement were not adhered to at all and I am disgusted that I received no apology for your blatant disregard of my personal information by addressing me in your original letter as Ms and Madam.

 

For your reference, the main term of my settlement, which was stated in my letter dated xxxx, is set out below and details of your failure to comply are underneath it:

 

”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 received a letter from you dated xxxx which states, “We confirm the agreed sum will be credited to you by way of a cheque in the next 7 days.” However I was only sent a cheque when I received a letter from HSBC informing me that the amount of £600.27 was transferred into my account via the Banker’s Automated Clearing System (BACS). They issued a cheque only because the account was closed.

 

I will draw your attention to the fact that I called xxxx to inform you that the 28 days for you to file a defence ended Monday xxxx. I was amazed at your response, as well as the callous tone, which was, “That’s no problem, we can enter a defence!” After explaining that I was entitled to the daily interest you told me that the cheque was being issued and that you were not going to “fiddle around” with it for the sake of pennies. I would like to point out that I am a mere layperson in terms of the law and as a qualified solicitor it is your duty to act within the law and support me as a claimant.

 

I have referred my concerns to the law society, including a copy of your letters as I am certain that the way you have dealt with this claim has not been professional or law abiding. I have advised them of my concerns that you have been vexatious litigants by using the court service to buy your advantage, even though you intended to settle right from the start. I have also highlighted to the Law Society your attempts at trying to impose unilateral confidentiality over the claim settlement.

_____________________________________

 

 

 

Just to keep you updated, I have now sent this to DG and also to the law society, reporting DG for their behaviour and for being vexatious litigants.

 

Will be interesting to see DG's reply. I have had auto confirmation from the Law Society that they have received my complaint!!

 

Will let you know as soon as I hear anything.

[un1boy]

I have had an email back from the Law Society asking that I write into them with all docs that were received from DG so they can investigate whehter to fine or "coach" them!!

[sar011279]

Or slap them.

[andyinlondon]

nice one

[un1boy]

Or slap them.

 

lol, indeed!!

 

Well, we'll see -and, of course, I'll keep you posted!

[un1boy]

Hi Guys, this is the letter I want to send to the law society. Advice and feedback greatly appreciated!!:

 

____________

 

I am writing to raise my concerns over the conduct of DG Solicitors, whom were representing HSBC in a recent legal case I raised against them due to unlawful current and credit account charges.

My main concern is that they have acted in such a way as to make them vexatious litigants. By this, I mean that they have used the court system to their advantage in order to “buy them time” even though they intended to settle from the start. I would also like to highlight the fact that they completely ignored the terms of my settlement and failed to recognise that they had offended me.

I have included a copy of all letters I have sent them, and their replies. The letters have been included in order they were sent and received, with the first letter sent being at the top.

My concerns that they have acted in a vexatious way are supported by the following:

1. DG solicitors acknowledged my claim through the small claims court within 7 days, stating that they would be defending it in full.

2. I receive a letter from DG offering a full settlement, with conditions, addressed to Ms Un1boy and started Dear Madam.

3. I replied to this offer refusing conditions and stating that they had offended me by addressing me as Madam and Ms.

4. I received a letter from DG dated xxx August 2006, stating that they would be sending me a cheque for the full amount I was claiming,xxx.

5. I called DG solicitors xxxAugust 2006 and spoke with Deborah D’Aubney to explain that the cheque would need to reach me by Monday xxx August as the 28 days for them to file a defence ended on that date. Deborah replied by saying, “That’s no problem, we can enter a defence!” After explaining that I was entitled to the daily interest, Deborah told me that the cheque was being issued and that she was not going to “fiddle around” with it for the sake of pennies.

6. The defence was entered on the Saturday (the day after I called).

Their reply to my settlement letter made no mention of the fact that they had addressed me as Madam, just that a cheque would be issued.

As for the terms of the settlement which were set out clearly in my letter dated xxxx is set out below and details of hoe DG failed to comply are underneath it:

”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 received a letter from DG dated xxxxx which states, “We confirm the agreed sum will be credited to you by way of a cheque in the next 7 days.” However I was only sent a cheque when I received a letter from HSBC informing me that the amount of xx was transferred into my account via the Banker’s Automated Clearing System (BACS). They issued a cheque only because the account was closed. A copy of this letter has been enclosed.

I would also like to highlight DG’s attempts to impose confidentiality over the claim settlement.

___________

[un1boy]

*bump*

[un1boy]

Hi guys,

 

Any ideas on the above letter???????

 

I want to send it tomorrow

[radiodan]

I very much like them. I had no idea that once HSBC settled that getting the bloody cheque from them would be such a debacle.

Oh well, I guess I'm going to have about 3000 reasons to go through it. And with you sending that letter i they might buck up there ideas.

[un1boy]

grwat radiodan, so I'll send it today then!!

[un1boy]

I very much like them. I had no idea that once HSBC settled that getting the bloody cheque from them would be such a debacle.

Oh well, I guess I'm going to have about 3000 reasons to go through it. And with you sending that letter i they might buck up there ideas.

 

What do you mean by "I very much like them"? lol - do you mean DG? lol

[angela1606]

i think he means the letters hi uni hows it been so u finally got your cheque then lol

[un1boy]

Hi angela - yes, got it and the daily interest!!

 

Now on to report DG to the law society, haha!

[un1boy]

Well, the law society have received my letter.

I'll just wait for them to get in contact with me now!