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.
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I posted on here ages ago but only got round to going through all my statements recently.
On 11th of Aug I handed in the prelim (standard one from this site with a little bit of added whinging ) with photocopies of all highlighted charges. This was to a local branch.
I heard nothing back from them and so went into branch again and handed in my LBA on friday 25th (exactly 14 days later)
FIRST QUESTION IS...I added a new £50 charge in the lba that had only just been applied to my account...plus i found some more that I had forgotten to put in prelim. is it ok that i just add them in the lba like that (with schedules) and expect them to pay that back at same time as the rest?
Anyways, today I got a reply from the lovely Mr Langdale with the Full and final settlement offer of £1910 (my claim is for £2912). A thousand quid short and 4 days after my prelim deadline!!! CHARMING! He should have recieved my LBA today so I wasnt sure what to do as he sent this offer before seeing the LBA.
So, I have written this letter and wanted to see if its ok. Could anyone give me some feedback on this....
Dear Mr Colin Langdale,
Thank you for your letter dated 29th August 2006. Due to your response being sent 4 days AFTER my “request for repayment of charges” deadline of 10 working days, I have already proceeded with my “letter before action” which was handed into your P***** Branch on Friday 25th August 2006.
Therefore, as a matter of decency, I thought it best to quickly write to clarify my intentions as there has been correspondence over-lapping between us.
Whilst I am grateful for your communication with me in this matter, I respectfully decline your offer of settlement as it is a much lesser amount than you have unlawfully taken from my accounts. Instead, I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, by way of a county court claim if my 10 working days deadline is ignored.
You should have received my LBA from the P**** Branch by now with the schedule for further charges which I am adding to my claim. I advised in my original letter that I would do so if further charges were levied on my account. I hope you will read the LBA in addition to this correspondence as I would like to clarify that my LBA stands and I will be going ahead with a court claim on 12th September 2006 as this date accommodates the “10 working days” deadline I have set for resolution.
I would like to further add that although I have had no response from any National newspapers as yet, I have found a local Newspaper interested in covering my case but as a gesture of good will, I will wait until the end of the period of my LBA for you to resolve this matter to my satisfaction. If I have not received a full refund of £2912.78 by this time (12th September 2006) then I will press ahead with a court claim and the Newspaper article. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act.
I hope this makes my position clear.
Yours Sincerely,
Mrs xxxxxx
Quite frankly, I have really tried to be thorough by reading through all the threads here but am not 100% sure I am doing any of this correctly.
SECOND QUESTION....I calculated the interest charges as just the charges marked "interest charge" on my statements that are always next to the "total charges" on my statements...is that correct?
ALSO....the charges i have asked for go back just a couple of months more than exactly 6 years (im greedy!) will this go against me in asking for the refund in full before filing for court?
As I said, I have tried to read everything on this site but am still a bit confused and unsure if im doing this properly...
Any help and feed back would be most appriciated...and thanks for reading such a big long post!
"I would like to further add that although I have had no response from any National newspapers as yet, I have found a local Newspaper interested in covering my case but as a gesture of good will, I will wait until the end of the period of my lba for you to resolve this matter to my satisfaction."
Fair play for you on tha, thats a great paragraph do many people use these tactics ? I'm surprised this whole thing hasnt had wider media coveage the first I heard was off a mate in work about this site.
hehe...yes i am hoping this pricks their ears up. Im only in plymouth so maybe all of us in the southwest can combine forces for some bigger local press!
I have told loads of friends about this site and none of them were aware they could get their charges back either. I saw it on the Trevor McDonald show...and only watched it cos i heard the trailer for it then I searched the net and found this fab site.
then when we get our money back from HSBC, we could put it all into blackthorn shares and have a ligit reason to become alcoholics! ITS AN INVESTMENT, HONEST!
To answewr your questions, as best I can:
1. FIRST QUESTION IS...I added a new £50 charge in the lba that had only just been applied to my account...plus i found some more that I had forgotten to put in prelim. is it ok that i just add them in the lba like that (with schedules) and expect them to pay that back at same time as the rest?
Fine - keep on adding them and if you do (UNLIKELY) have to get to Court, you can add any more up to the date you file your claim. And of course, once they have settled, if they have applied more in the meantime, you apply for those all over again!
2. SECOND QUESTION....I calculated the interest charges as just the charges marked "interest charge" on my statements that are always next to the "total charges" on my statements...is that correct?
This is more complicated - if you are applying for the interest charges they have applied, you MUST use the complex version of the spreadsheet. The calculation on the refund due on these is complicated, and there is a seperate colum to enter these numbers into. They cannot be added as a charge entry in calculating your claim.
3. ALSO....the charges i have asked for go back just a couple of months more than exactly 6 years (im greedy!) will this go against me in asking for the refund in full before filing for court?
As I understand this, there are some people who are putting in a claim for likely charges prior to the 6 year period as part of the claim - there is a box for you to enter an "estimate" of these, in the complex version of the sheet. However, I have not yet heard of anyone actually getting these back - but it has to be worth a try.
Hope these comments help!
Dinahjl :grin:
HSBC - 2 Accounts - owe us £5.8K
10 Aug offer received of 50% owed on smaller account. We Replied and REJECTED offer
11 Aug 2nd offer made on same account - £500 higher! REJECTED AGAIN
18 AugMoneyclaim submitted for £3848 on main account. ACKNOWLEDGED 23 Aug.
30 Aug Moneclaim prepared for 2nd acc £2389.56
9 Sept RECEIVED OFFER IN FULL SETTLEMENT OF £6134.30
If you have found my advice or comments helpful - please rate them by using the scales above. THANK YOU
Letter accepting offer with advice that i will be going ahead to court for the rest on 12th Sept. Sent by recorded delivery directly to Colin Langdale.
I am having a few probs with my mastercard claim but am going to concerntrate on current account claim first (its less complicated and worth an awful lot more money!)
Anyways, I have filed mcol for my current account but have heard nothing yet. Just playing the waiting game now.
one interesting thing is that I have been contacted by a reporter from my local paper on an unrelated matter and they want to do a story on me. SO! I have already decided a few ways I can get this site mentioned in the article.
the story they want to do is far less interesting than taking on HSBC so maybe I can interest her in doing a story about this instead! hehe.