Sytra v HSBC (Business Acc) ***WON***

[sytra]

can someone please tell me what the next step is, do i fill in a N1 is it? also does anyone have a copy of the POC i can copy?

i think i am going to be asking for a lot of help over the next few weeks, hopefully i can return the favours someday.

Thanks

Sytra

[jowalshy]

Hi Sytra. Have a look at this thread. It has a POC on it.

A guide to Business Claims

[freakyleaky]

You beat me to it Jo! Well after all that searching I am not leaving without posting it!

A guide to Business Claims

Just shout if you get stuck Sytra!

[sytra]

Ahh thankyou very much JoWalshy, knew i had seen things on the forums but couldnt remember where....

thanks again

Sytra

[jowalshy]

Took me a while to find it as well Freaky.

[sytra]

Thankyou Freaky also


Forgot to say i tipped BOTH your scales

Sytra

[jowalshy]

Starting to become like buses a bit. Nothing happens for a while and then two come along at the same time.

[sytra]

I said i was gonna become more of a regular here... i have a question, no surprise here then i hear you say.

Today recieved a letter from "Metroploitan" asking for a list of my disputed transactions so they can forward them onto their client for investigation.

I have already forwarded these before to HSBC and got 2 letters back one saying they will offer £145 then another saying they would not negotiate on charges etc.

now their time is up on friday and i was gonna start a claim against them, so i think this could just be a delaying tactic from them, should i write back with the info requested, tell them i will give them an extra 7 days to respond then if i dont hear from them just start the claim?

The way i am thinking is that if i give them a little bit of leaway then if it does go to court then at least i can show i have been lenient and so hopefully gain the appreciation of the judge.

Sytra

[freakyleaky]

Unfortunately showing the court you have been reasonable in you actions seems to hold no sway with the courts what so ever. I would send metropolitan what they are asking for but make a note to them that you have already sent the information to hsbc and you will be starting legal action on friday if you have not received a satisfactory response!

[sytra]

Well another letter this time from HSBC again!!!! apparently we have recieved 2 letters offering the same amount from them (only 1 recieved) and we have not responded (proves they have not read a previous letter stating that we do not accept the offer)

So this morning i get another letter offering £145 as F+F

Think i might accept this as a part settlement this time, but they seem a little rattled as they state the test case and personal accounts etc then go onto say that business claims could be used in the case, the way they are wording things is totally different and sounds uncertain.. a turnaround from their first letter.

Sytra

[Audreygreeneyes]

hmmmm sounds as if the wheels are coming off the wagon!!!! think thye have only got 3 on at the moment

whilst it is good news they have offered you something, the whole lot would be better........

make sure that you clearly define the period you are accepting this for......... ie 01.01.2007-10.02.2007 and that is is only part payment..

oh have they taken out the confidentialy clause??

[freakyleaky]

I think there is a template letter somewhere for accepting an offer as part payment. Can you remember where it is Auders?

[Audreygreeneyes]

yes there is one but god its so so long ago, will ahve a look see if I can find anything ........

[Audreygreeneyes]

Date
Dear Whoever
Ref: Your Offer of Settlement

Account: xxxxxxxx
Sort Code xx-xx-xx
Claim No: XXXXX in XXXX County Court

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

I trust that you will find this arrangement acceptable.

Yours Sincerely

[Audreygreeneyes]

change the full and final part to PART SETTLEMENT...........


you will be willing to withdraw the clainm on cleared funds paid to you.........

[Audreygreeneyes]

that the one you were after Freaky? had to