Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Just posted my preliminary letter off to my local branch today, will wait and see what response I get...
Am claiming for approx £900 over the last 3 years, plus interest on the proportion of charges. I used the standard template letter and also the Interest Calculator from Vampiress as my schedule of charges after going through all my statements online.
I will try to keep this updated as to how I get on...
The irony is that I plan to use all the money to pay off my overdraft with HSBC and prevent charges from ever occurring in the future.
That's what I intend to do with (some of!) my money. That and maybe a holiday ! LOL!!
Good luck in your claim, your money will return!
28/07/06 - Prelim letter sent to HSBC for £3648
31/07/06 - Letter rec'd at HSBC
14/08/06 - LBA sent to HSBC
16/08/06 - LBA rec'd at HSBC
22/08/06 - Finally!! first reply from HSBC offering £2000
23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!
31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06
05/09/06 - HSBC Acknowledge claim
22/09/06 - DG Solicitors offer full amount in settlement, I accept!!
27/09/06 - Full amount paid into my acount
28/09/06 - Full amount taken out of my account!!!!!
29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!
29/09/06 - HSBC refuse to pay money back into my account
If I have been of any help, please click on the scales in the top right corner!
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Don't worry about not receiving a reply to the first letter, I didn't either. i did get an offer made about week after i sent my lba. It was a pretty poor offer to be fair and i'm about to file at MCOL.
Well today was the day when I was due to start the MCOL but surprise! A letter arrived offering £805, when I claimed £896 plus £151.26 interest (not including 8%).
I'm not sure if I should accept it as I really need the money at the moment. I have just started a new job and had to buy a £150 suit today, as well as other work clothes. Also, I am going 4 weeks without pay, as I am going onto a monthly salary and won't get paid until the end of the month.
I am already over my overdraft limit (which this rebate will help to pay off) and so I expect that another £125 charge will be added at the end of the month.
Any ideas what I should do? Wait a bit longer so the charges are applied and then claim for over £1000? or just accept it?
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £1047.26
I accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.
My letter before action sent previously indicated that you have until 13/9/06 to respond before Court action commences. I will now give you a further 10 days to accept my proposal before I commence Court action. You are reminded that there will be no extension to this timescale.
This may buy me some time in order to add any charges that appear this month onto my MCOL nearer the end of the month...
Wack in the MCO and go with - but dont if you need the money NOW! - this will delay your claim but you will get the full amount - gets the date right on your letter and MCOL.
Dear Sir
Thank you for your letter dated X and settlement offer of £ X
I have already filed a claim in the small claims court and therefore I respectfully decline your offer of settlement .
I request, once again, that you return to me all charges imposed on this account, together with court costs and s69 8% interest now totalling £xxxx
Yours sincerely
My advise if free and is worth exactly as much as you paid for it….
HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514
HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980
MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o
FREEWAY 28th Oct ~ offered and acepted £506
TSB VISA MCOL £300 - court date 27th March 2007
I think i'm going to give them another 10 days, that way if I do get stung at the end of this month, I can add the additional charges onto my MCOL, as after I get paid, I will be under my limit again...
I suspect that HSBC have stopped my switch card, I tried to use it earlier but was refused! Admittedly, I am approx £100 over my OD limit (as I don't get paid in my new job until the end of the month) but it does seem a bit coincidental as I rejected their first offer the other day...
If this is true then I have approx £25 to last me until next Friday! and I need a tube pass costing £26 to get to work... I am in serious trouble!
New Update: I received another offer today for £923 (claim was £1072 including £25 charges due to be applied at the end of this month).
Am tempted to accept this but I know that I will be stung for £125 charges for this month at the end of October.
In a dilemma now, should I wait longer and add the extra £125 in my MCOL claim or next letter? Or accept now on condition that the extra £125 is waived?
I'd accept the settlement on condition that all charges pending are dropped too. Get this in writing from them, though, they're very confused at the mo
Just submitted MCOL for full amount (inc interest) and interest at 8%. Waited until new charges of £125 for last month had been added to account.
I will definately have more charges next month (hopefully for the last time!), so I included a proviso to remove the next set of charges that are due to be applied in Nov in my claim, instead of adding them in advance to the total amount.
Hopefully this will work...
Anyway, here we go with the MCOL!
Just had a letter delivered from DG Solicitors offering the full amount (charges + 8% interest + MCOL fee and also including £125 that is due to be taken off at the end of October). Great news!
But before I accept it, in my MCOL claim I specified that I wanted any charges that I have incurred during October (that will be applied at the end of November) to be removed too. I don't know how much these will be until HSBC notify me of them on 9th November (the date my MCOL expires by the way). They could be approx £75 but may be as much as £125. There is no mention of this in the letter. How should I go about getting these included?
Should I call or write a letter? Has anyone had a similar situation?
Decided to write a letter asking for pending charges at end of November to be removed too before I accept the offer. If this happens then I will accept the offer, drop the MCOL claim and everything will be settled.
If this happens, I doubt I will ever incurr charges again as no more overdraft!
Hopefully they will agree to this, fingers crossed!
Same thing happened to me, but I'd just received my money back from them.
I sent them a secure message, requesting the charges to be removed that was pending. I said I had already won my first claim against them, and I would do the same thing again with these charges if they weren't refunded, and it would be in all our interests to just remove them now, without adding on court fees and interest!!
I miscounted the day the MCOL ended, it was the 7th, so I filed for judgement but I was disapointed this morning when I saw it had been rejected. Called MCOL and they said that HSBC had filed a defence and I would be getting the court papers soon, gutted.
Anyway, got home this evening and found a letter offering the full amount and waiving next month's charges, just like I requested. Result!
So I have accepted and crossed out the confidentiality wording.
So its sorted nearly, apart from the deposit of cash of course! Took under 2 and a half months to do and 4 letters sent.
What do I do about the MCOL now? Do I have to write them a letter?
EpX vs HSBC ***SETTLED IN FULL***
with HSBC
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Originally Posted by EpX
