The Ball is in play

[Swampy59]

Hi All

I sent my preliminary letter on 13 Feb 07. As of today (28 Feb 07) I still have not recieved a reply. I will be preparing and sending my LBA today. The sum I am looking for is £2491.
I would just like to say a huge thanks to everyone here for all the info and support, and also to all those who have shared their experience.
If I am succesful in this claim I will be putting another one in for my fiance with Lloyds for about £3000.
Wish me luck and I will keep you posted.

Cheers

[Swampy59]

Hi

Just had the mail. Very nice polite letter from HSBC saying they are investigating and will contact me at some unspecified time with their findings.
Hmmm......
After reading several other accounts and all the help in this forum, I still intend to send my LBA off today.

Cheers

[lizvp]

good luck swampy,
your quite right to stick to your schedule

[Swampy59]

The LBA is off to HSBC so now its twiddling thumb time. May spend some of it plotting and doing my fiances Lloyds (£3000). Heh Heh!

[lateralus]

might as well register with mcol and work your way up to the particulars of claim - the only difficult bit as you have to get it into a small space.
you can go in and out at will - and then you will be ready to file when this 14 days is up - also, maybe double check your figures as the filing is the last point at which you could change it without it costing and you want it right! there is a template for the particulars in the library also, if you want, i'll pm you mine as another example.

[Swampy59]

Hi Lateralus
Taking my claim into the court tomorrow. I am on the dole so I need to fill out the EX form as well. Just having a bit of trouble understanding the Value section of the N1 claim form as it is on the web page in this forum. I have calculated the total charges using the simple spreadsheet and this is what I sent to the Bank on the Prelim and the LBA (after removing the 8 percent column). Now, looking at the web page for filling the form I am not sure I understand the Section 69 bit. Any chance of a bit of clarification? Don't want to cock it up now!!!

[lateralus]

you don't have to understand it do you? just copy out what is in the template:
Quote:
Charges £xxx.xx
Overdraft Interest £xxx.xx
Interest under s.69 County Courts Act 1984 £xxx.xx
Court Fee £xx.xx

TOTAL £ xx.xx

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.
is this the bit you don't understand
just put
"Charges: xxx.xx
(leave out o/d interest as you haven't done it)
Interest under s.69 County Courts Act 1984: £xxx.xx
Total: £xxxx.xx (add the two together)

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at* £xx.xx per day {(enter daily rate here - (CHARGES)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

red bit means you could take your charges - say 500.00 (not interest) and multiply by 0.00022 - would equal 11p so you would put "at * 11pence
per day or at such rate...

as for the particulars of claim - i can send you mine to use as a comparison - (although mine was mcol and as such is worded to fit into a very small space)
HTH

[Swampy59]

Thanks for the PM it was a great help.My only problem at the moment is that I have not been able to get to the courthouse yet. Trying to get there today. Will keep you posted as things proceed.

Cheers

Swampy

[Swampy59]

Had a letter this morning from HSBC saying they were still investigating and would get back to me before 16th April

[Castlebest]

I had one of those too <laffin> just file your claim.

pete

[Swampy59]

Hi
Been having a little bit of trouble getting my claim to court. Firstly, I thought I had everything ready to go and visited the court. Was told that my local court does not deal with these types of claims and I should go to the main courthouse in Cardiff and register the claim. Visited the main Courthouse only to be told that my signing on card was not acceptable as proof of my unemployment to claim exemption and I should obtain a form from the Benefit Office. I was prepared to get the form today and go back into Cardiff to register the claim but was surprised by this mornings post.
HSBC have offered £2208 of the £2491 that I was requesting. HURRAH!!. Now I just have to confer with the missus when she gets back from work whether we should take this offer or go ahead and register the claim.
I will keep you all informed.
Cheers

[Castlebest]

WELL DONE SWAMPY !!!... now you can get onto your other half's Lloyds claim !!

pete

[lateralus]

yes, swampy - it's sort of a bird in the hand being worth more than 2 in the bush kind of thing. that is a reasonable offer (though if you went on you would get it all - i'm pretty sure), but weigh it up with you had some bother getting the exclusion form - another trip to cardiff (don't know how far that is) and the pretty good certainty that you are another 6-9 weeks away from a full offer if they play the game the way they do with so many others. it might be an idea - if you are thinking of taking it - to try and squeeze a tad more out of them - have they taken anything out lately? my idea - if you are thinking of taking the offer is a letter where you say - that is really very good of you, if you just add a bit more, i'll take it and pick up my marbles and go home. any idea from the letter what they aren't including or is it just a "to save us all time and accept no blame" kind of offer. get back if you want to squeeze and give me what you think is a bit more we could get something for and i'll put a letter on here - certainly your decision - even if it doesn't work - you'll still be able to take this one - we won't make it a demand - just a gentle push. so, discuss it with your o/h and get back. well done on the offer. and it goes without saying if you decide to push on - we will be here to offer help and encouragement. i sometimes get a feel for these and for some reason - i'm feeling the need to take the offer - we'll see.

[Swampy59]

After some discussion with the missus, we have decided to take the offer. There is only one catch -(is'nt there always?)- On the covering letter the amount to be paid out is £2,208.00. One the acceptance letter that I must sign and return, the figure is £2,028.00. So, if I send off the acceptance letter I will probably end up with the lower amount. Any thoughts on this?

Cheers

[Castlebest]

Is there any build up from them, can you tell which figure is the real offer and which one is the typo ? failing this I would alter both figures to the higher and just write a note on the bottom saying you have corrected their typo and you are only accepting the figure you have written in and send both letters back (keep a copy too).

pete

[lateralus]

why don't we try this:

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 £2208.00.
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


and make the amount you'll take for confidentiality whatever you want - but why not make it the difference between what you were asking for and 2208. also, have they included the court fee of what - 120? because if they haven't - we can send a letter instead of this one that will probably add the 120. no rush - talk it over. don't send theirs back - send this one - or the next one i'll put here if they haven't mentioned court fees - let's get it added on:

that would be this letter:

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 £2208.00

Unfortunately your offer has failed to include my court filing fee of £120 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £2328.00.

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new 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 of £2328.00.

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 look forward to receiving your revised offer
Yours Sincerely


again put the difference between your claim and that figure in the confidentiality XXXX or just put £200. you won't get it but it makes you feel better.

so, choice is yours - either of these two or whatever else you may choose to do. kind of like deal or no deal isn't it - lol!!!!

[Swampy59]

Thanks both for your replies. I have used Lateralus' first letter but removed the bit about confidentiality as this is not mentioned in the letter I recieved. I will be posting it today (sending it first class - signed for). Just to let you know I am sending the LBA for the missus Lloyds claim - we have had no response at all from the prelim letter.
Once again thanks to both of you for all the help and I will let you know of any new developments.
Cheers
Swampy