traceyrmj against HSBC... **WON**

traceyrmj · 18th September 2006, 10:10

morning all i applied for the S.A.R - (Subject Access Request) recently ( see sig) and received the info, given that i hardly use this account ( we have a joint account) and only really use it for "my" money i was shocked to see that they owe me £394.50

sending my prelim letter today Recorded post. will see if they choose to ignore me as they have doen with so many of you or if they will start taking us seriously.... wont hold my breath tho each day the delay just gives me more time to decide what to spend my 95% refund on ( 5% of course will be donated

) now holiday to DLP sounds good

traceyrmj · 18th September 2006, 18:05

prelim posted today recorded

28 days till i file MCOL

HSBCrusher · 18th September 2006, 19:59

superb!

keep us posted!

Crusher

Smileyk · 18th September 2006, 20:03

Well done girl!!

traceyrmj · 19th September 2006, 08:19

anyone else get really indignant and ready for a fight tho? i cant beleive it is takign this long i want them to start tryingt o frighten and belittle me so i can use the might of the CAG to beat them down with.

really must get a hobby...

traceyrmj · 28th September 2006, 11:22

they are ignoring me. LBA will go on 2nd October ( with contractual interest not claimed on prelim, teach them to ignore me

)

HSBCrusher · 28th September 2006, 11:29

Like it.
that extra interest makes quite a difference.

Smileyk · 28th September 2006, 11:39

TJ, they are STILL ignoring me! I had more letters from them before I filed papers! DG solictors said they are defending and I've heard nothing since!

traceyrmj · 28th September 2006, 11:52

ggggr KW, i will deffo push ahead and write the interest up on the LBA then, then only 14 days till i can file MCOl too

traceyrmj · 2nd October 2006, 17:08

LBA posted today. 14 days and counting...

traceyrmj · 6th October 2006, 15:32

am preparing the forms for the court claim as they have ignored me so far and will probably continue to do so ( also it will be good practace for the other two larger claims i am tendering in the next few weeks.) given both HSBC and abbeys current habbit of ignoring claims up to and past the time of judgement and then getting those set aside i have decided to write to them and their solicitors when i have submitted a claim with all the details, sureley they then cant say "oh your honour we knew nothing of the claim and couldnt defend it" and wont be able to get it set aside?
thinking something along the lines of...

notice of action.
Dear HSBC
i have today filed county court proceedings against you for the bank charges you have unlawfully applied to my account. i have written to you twice regarding this matter and received nothing to even acknowledge my complaint. i am aware of your current practace in cases such as this whereby you will ignore the case untill a judgement is entered against you and then attempt to have that overturned claiming that you knew nothing of the case being bought against you. this letter will dispence with that option as a copy of it has also been sent recorded delivery to your solicotors office. the judge will therefore see that every attempt has been made to inform you of this action. rest assured i will fight this case in court and as you have now forced me to issue a claim i will add to that the s69 interest available to me through the courts of 8%. I am a member of the consumer action group and am fully informed of my rights and the court process. i am sad that this matter has ended up on the way to a court room and invite your urgent attention to avoid any further costs and to avoid wasting the courts time. you will be served papers in due course claim number XXXXXXX
yours sincerely

traceyrmj

jobloggs · 6th October 2006, 16:42

Sounds a little OTT to me.
This is only mt personal view.

The timetable is set by you, going in 14 day incriments from the initial rerquest for a refund to issuing your claim.
They are more likely to ignore any letter that they dont like the tone of or have the inclination to consider as being shall we say passionate.
You need to keep this as clinical as possible, if they fail to repsonde to the standard letters, that is thier look out.
Beleive me it is very tempting to scribe loads of text, indeed i do it often then go back the next day and look at it and think i am not really telling them anything they didnt already know, so pointless sending it out.
If they have failed to respond just stick to your timetable and keep matters as simple as possible.
If nothing else it saves on the cost of postage.
As i say this is just my personal opinion.

HSBCrusher · 6th October 2006, 17:31

It could be to your advantage NOT to make a fuss.
You put in your claim, you get paid. win.
you get ignored, win by default.
let is pass quietly, and then a day or two later go for the baliffs.
OK, they will go for a stay but now they have baliffs on their arse. If you make a fuss as soon as you get judgement, they apply for a stay right away, you dont get to have all that lovely baliff fun.

In any case, I think the letter is not really required.

traceyrmj · 6th October 2006, 18:04

i get what you are saying but if i have made every effore to inform them of the action ( and their solicitors) they then cant apply to have the judgement im hoping to get overturned can they? poss i got a bit vitriolic but am a woman so this is my way LOL do you think that just sending them and their solic a simple letter saying
notice of action, you will be served court papers for claim number XXXXX as action has been started against you ( your client)
and leave it at that? i really want to block the overturning avenue for them and sureley if i can show the judge that they and their solic have signed for letters informing them of the case they have no legs to stand on? really dont want to get all that way and then have to wait again when they get overturned etc.
am i worryign too much?

joebloggs · 6th October 2006, 18:31

If you have sent the LBA, then no need to write to them again in my opinion.
Once the 14 days has elapsed fiel your claim.
Up to them to do the runnign around not you.

traceyrmj · 6th October 2006, 18:34

true but if they they ntry the "oh we didnt know about this " defence i can stick it to em! i fully intend to go ahead with my timetable ( woolwich informed me it will be 8 weeks before they can deal with my complaint, thats nice eh! LOL) just want to keep this as watertight as i can.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.