Dinkydoo vs HSBC ** WON**

[MilkTrayMan]

Hello Dinkydoo!

 

Am not sure whether your TWO HSBC Threads are concerning the same Claim, or that U have TWO Claims with them on the go at the same time??!

 

Millymollymoo's Barclaycard Thread is debating the Consequential Loss issue of unlawful Penalty Charges affecting her Mortgage + long term housing...

http://www.consumeractiongroup.co.uk/forum/barclaycard/63394-millymollymoo-o-h-barclaycard.html

[Dinkydoo]

cheers milktrayman

[MARTIN3030]

3 threads merged

[Dinkydoo]

If (lol) we win on the 9th July 2007 then the judge will naturally have concurred that the charges were unfair. This surely means that we will be able to sue the HSBC for compensation as a result of them placing us in a position where we had to sell our house. It was due to the massive charges and undue financial pressure that we sold our property.

 

In for a penny, in for a pound....anyone know a good solicitor?

[Castlebest]

Dinky the legal process is slimy, you wont get to court, my bet is you will have a full offer tomorrow or friday, gives a little leeway for argy bargy before you settle and enough time for the money to get to you so the claim will be cancelled before your court date.

 

pete

[Dinkydoo]

Castlebest...no post this morning. Lets hope the Postman brings a letter from them on Friday. A day in court may make us feel better though as we would be able to properly get things off our chest. Don't care either way really it isn't about the money any more for us. We lost more than just cash, we lost our home in the process.

[Dinkydoo]

No post this morning either....the court date looms.

[Castlebest]

Hiya Dinky, just for fun you might want to read this thread if you havent seen it already

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/56051-nooey-hsbc-court.html?highlight=nooey

 

post #23 onwards.

 

This is the only person I know of that this has happened to, its interesting to note the judges questions... yes just three... Did you have any trouble parking? Have you heard from the bank? and has it cost you anything.

 

You should be as prepared as you can be because the unexpected has a habit of jumping up and biting us all on the arse but don’t be frightened if you do have to go to court.

 

pete

[Dinkydoo]

Read too many threads and got in a bit of a state. We had not paid an allocation fee (nor asked too) and I have read that cases had been struck out for non-payment.

 

E-mailed the court and asked if one was payable and they replied not at this point?? Kept the email obviously.

[Castlebest]

Well now is the time to write your final nudge to DG, along the lines of we only have one week left untill our court date... looking forward to seeing you there

 

you have nothing to worry about

 

pete

[freakyleaky]

ring the court and ask about the fee. Get that out of the way and the rest is plain sailing!

[MilkTrayMan]

No post this morning either....the court date looms.

Bet U the total value of your Claim,

...U won't get any post today neither!!!...

[Dinkydoo]

Eight days till the court date.........what say ye today milktrayman?

[freakyleaky]

Watch the post tomorrow!

Fingers crossed for you!

[Dinkydoo]

Looking forward to a court date to be honest Freakyleaky. want to discuss the finer points like why we had to sell our home due to presure from the HSBC who we had our mortgage with as well. Its great when the bank charges you more some months than the mortgage repayment and then reminds you you haven't kept up with your mortgage repayment. Boy do I hate the HSBC.

[freakyleaky]

Hey dd, I have read your story and I hate them all the more after doing so. I wish you all the luck in the world and hope you get to see them squirm.

I would have told a similar story to yours around 10 years ago but it was the halifax who did it to me. Unfortunately there is never a face behind the decisions with these banks.

10 years on and I am only just getting back on track due to the bully boy atitude of the halifax.

[Dinkydoo]

Once a judgement has been made we intend to push matters further. lets face it once the judge states the charges were unfair we WILL be in a position to demonstrate that but for them we could have kept up our repayments. The next move is to take on the Nationwide who were partly responsible for the same.

 

The Banks have licence to print money (or rob money) and it is about time that the man in the street put a stop to it as government clearly won't.

[Dinkydoo]

NUDGE LETTER...I don't think so!! Decided that I would be less than courteous.....as they generally are. Here is the letter sent.

 

To DG Solicitors

 

Dear Sirs

I last wrote to you on the 13th June 2007 with regards to the claim number above.

At the time of writing I have not received any communication from you in this matter and the lack of even a courtesy acknowledgement is duly noted. Given your refusal to enter into any communication with regards to settling this matter in an amicable manner I believe you have now had more than reasonable time in order to do so. Your ignorance to my correspondence is quite frankly appalling.

My claim is for the sum of £2072.19 (plus additional interest up to the date of judgement) which means I will not currently settle for less than £2094.31 at the date of writing.

Please do not insult me with a last minute attempt to negotiate an early settlement in favour of the Defendant for a lesser sum of money. I am more than prepared and happy to proceed to court unless the claim is now paid in FULL.

I look forward to receiving either a cheque for the full amount or the court date whichever comes sooner. I will not agree to any confidentiality clauses nor waive any other rights in respect of any other actions.

Yours faithfully

[Castlebest]

That’s almost as bad as some of the letters I send them nice one dinky..

I wish you all the luck in the world but unfortunately it is unlikely your case will get to court and get a judgement, DG will make you a without prejudice offer for the full amount you are claiming before your court date and you will need to think of a damn good reason not to accept, after all they are offering you everything you are asking for.

This will effectively remove any danger of further action by you because there was no judgement.

My advice is take the money and forget it, when it happened to me there were no web sites like this to help me and this has cost me literally thousands so I now get my pleasure helping others get their money back and I know many others do the same. we have caused a leak in their profit margins, it may be small in HSBC's the overall scheme of things but its there and they cant stop it.

 

pete

[MilkTrayMan]

...what say ye today milktrayman?

Yesterday it was raining.

Today it is raining.

Tomorrow it will be raining.

 

...One needs the odd cupful or two, to be able to savour the sunshine bits in between!...

[Dinkydoo]

Seven days to the court date. Still no communication from DG.

[Dinkydoo]

Advice from those in the know please.

 

Would a settlement out of court (instead of a judgement) mean that we could no longer pursue the HSBC. By that I mean if we go to court and the judge rules in our favour this means the charges would have been deemed unfair in law. We could then further claim that we had to sell our property as a result of inability to keep up repayments based upon HSBC applying UNFAIR charges. If we settle out of court no judgement would have been made.

 

Anyone in a position to give advice?

[Castlebest]

See post 44 Dinky

 

pete

[Dinkydoo]

DG have sent a letter today stating a cheque has been sent in the post and requesting we sign their letter stating the agreed settlement funds have been accepted. As we have not received a cheque we are not signing anything of the sort. Also the alledged cheque is only for the basic amount claimed without the interest. This is unacceptable and we will not agree.

 

Their eleventh hour attempt to save the HSBC will fail this time and I think we should just go to court. At least the judgement will order them to pay in full including the interest up to the 9th July 2007.

 

I hate their complacency.

[freakyleaky]

That is absolutely sickening to hear. It seems really underhand.

There is a great template letter in the rejecting claims thread for just this scenario.

That does seem like bully boy tactics. Low offer so close to the court date in the hope you will panic and accept.

Sneaky!