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.
Posted a letter back to D G today accepting their 100% offer. When the money arrives, will follow sticky's plan.
My thoughts for newbies -- we've all been there - I'm a mum doing this for my son. I knew he had got into some banking bother when he was 18 and working away from home. Paid monthly, never enough to last, tempted by the ever "helpful" an ever increasing overdraft. Then took out a loan to pay off the overdraft. You'll all know the rest - month after month of charges - 6 yrs worth.
If someone had told me I'd be posting a thread 4 months ago - I'd have thought I was signing up for a mail order stitchery class.
All the info you need is on this site.
Our schedule: saw Martyn Lewis on the Trevor McDonald program,
6 June, wrote asking for statements.
6 July, wrote prelim. letter to Ian Shepherd (received a second batch of statements - very efficient - not!)
26 July, sent lba to Colin Langdale
9 Aug, sent second LBA to Colin (had put the 8% on, oops!, sent revised LBA to rectify - just made it seem like that was what I would be asking if they didn't pay).
12 Aug, received an 85% offer
16 Aug, rejected offer (accepted as partial but no word)
24 filed MCOL
29 deemed served
30 acknowledged
THE BIG WAIT.......
12 Sep, DG requested Breakdown of charges - (Deborah D'Aubney)
13 Sep, breakdown sent
15 Sep, received 85% offer (now including 8% and court costs) - (Julie Kyle)
18 Sep, rejected offer - asking for 100% - £2268.79.
Really nervous now as next tuesday is press the next button day!
21 Sep, received 100% offer - (Julie Kyle)
22 Sep, accepted with letter saying I will cease claim as soon as the cheque arrives.
Thanks to CAG for all the help - I found it all on various threads without having to ask any questions. It's all there. Good luck everybody!
One last thought: this has made me feel good about how everyone mucks in to help everyone else. Kind of restores my faith in mankind.
One very last thought: banks are not our friends.
I have created a new thread for you and posted it here so others can congratulate you.
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
If you win, donate to this site
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
blueskies, or anyone.........
we sent the letter back confirming we would take their offer on friday - (delivered monday, yesterday).
today, received a notice from the court moving it to my local court and with allocation questionaire, to be filed by 14 oct.
do you think this is just because today is the day we would have filed for judgment and maybe it was just being defended because they are in some sort of date order someplace in the office while at the same time julie kyle sent an offer and we accepted. called her office just before 6 this eve and she wasn't in. left a message and asked her to call back - just a little apprehensive. do you think it is something devious or just crossed mail? if they have offered and we have accepted, should we push the next button on mcol or just wait it out a few days and see if the cheque arrives? thankx for your take on this.
in case anyone is following this:
been advised just to give it a few days as they most likely crossed in the post.
will update as and when.....
thankx steve.
latest chapter: called Julie Kyle at DG on Tues. and left a message on her machine about the defense arriving. She called this afternoon. She said the defense was something they had to do as a response was due. (So, methinks they do follow a time schedule with each claim). She said that we would probably have a cheque within 7 days. I did point out to her that the cheque would need to arrive at least a week before the 14th of October when the allocation questionaire was due in or we would "obviously" need to respond to it. She even called back (after asking her boss?) and said the cheque would definitely be issued and we should have it within 7 days.
latest development: a letter today saying the cheque will be with us in 7 days (from last friday), and reading the current batch of letters in the main HSBC section - i feel quite relieved to know there are several of us with 100% offers, awaiting cheques and with a.q. deadlines looming. so will chill til friday, if no cheque - will call julie kyle and also write a letter stating emphatically that i will be filing my a.q. on 12 oct and will then require a further £100 to settle. i still think they are hoping half of us will drop dead before they actually have to cough up...... no chance!
Just a quick question.
Did your 100% offer include the 8% interest, readign another thread where they dropped the 8%?
And congratulations, hope you and the dosh will be very happy together, better in your hand than thier coffers.
yes, received an 85% offer at lba stage, then about 2 weeks after they acknowledged the mcol claim received 85% offer (this time including court fee and 8%), said both times i would accept it as partial payment... don't think they reply to those partial letters as such. then about a week later got the 100% offer. waiting, always waiting........it's just so good to know of others in the same boat (hope it's not the titanic)
has anyone else noticed that there hasn't been a new posting on the "litigation concluded" section about any HSBC claims since 21 Sept. That seems a long time to me. Is paranoia setting in? I think there may be a good few like me waiting for cheques. What's up?
I want to say congratulations but I also want to say..phone them tomorrow and ask them what the hell's going on.....
well done x
1/6/06 request charges
16/6/06 received charges
18/6/06 first request for refund
3/7/06 "No" letter from bank
13/7/06 LBA
7/08/06 handed claim to court
10/8/06 court stamped as date of issue
24/8/06 deemed to be served
25/8/06 Sechiari filed acknowledgement of service
6/9/06 defence served
9/9/06 copy of defence and AQ received by me
25/9/06 deadline for AQ submission
25/9/06 call Sechiari confirm safe receipt of my AQ
26/9/06 received copy AQ from Sechiari
29/9/06 letter to SCM to say "you want 1 month to settle, so settle"
18/10/06 after "strained communications"and how !
verbal offer of full settlement with conditions
communications rejecting conditions from me
5/11/06 received letter offering settlement with conditions
7/11/06 sent fax rejecting conditions etc
14/11/06 unconditional settlement in bank and how !
quick update: as no word from anyone by friday (my deadline for action), my son (it's his account) called j. kyle and somehow the conversation ended with them promising the money would be in his account by today (we had stipulated a cheque and as i haven't seen him to ask yet, i'm not sure how it got to that). he has just called and said it is there. so i think we are ok. i haven't had a chance to talk to him about it. after reading other threads where the bank does odd things with your money - i told him to get it out of that account asap - which is what he is doing. so when i know for sure that all is as it should be, i'll get back. now, where was that thread with the list of to-do things by sticky? anyone?
hopefully last update: my son called dg on friday and actually told him "the cheque is in the post" LOL - still not here. anyway, he said he wasn't prepared to muck about any longer and if they didn't do something today - he would return the aq and they would then have to pay another hundred pounds to settle. they wanted to call him back - he said, no, i'll call you. i'm not sitting in all day waiting for you to call, i've got things to do.....he called them back a couple of times and they said - it will be in your account by tomorrow - and it was. he's been in and moved it about (so they can't do anything weird). so,
let's see: i've e-mailed mcol, done the survey, donated, pm'd a mod to go litigation concluded (the first HSBC since 21 sept - i really think they are inundated with claims at various stages), anything i've forgotten? now i really do feel like this belongs in the success stories. looking back - just followed CAG's efficient info and the hardest part was the wait for the money. thanks again CAG and all you faceless people who have given me some great support and some good laughs. good luck, everybody! don't really have to write and thank the bank, do we????????
Hi Late
Just read your thread with great interest and I must congratulate you on your win.
By the way I also have 2 adopted kids grown up now 26 and 19.
I have a claim with GM Card and they are using DG Solicitors as they are also part of HSBC and I am claiming 19.9% interest, which is the interest GM charged me, DG Solicitors are digging in their heels on this and only want to pay 8% unless I can come up with the relevant legislation. They only have to 19th to get their bundle into court as per the Judges directions, I have already done my bundle and served it on them as well as the court. Our court date is 30th April. My gut feeling is to not to respond to DG till after the their deadline, cos I am pretty sure they will not want to supply the court with all the information which the Judge has requested. My Claim is for arround £700 - not large by any means and they want to knock it back to £572.
So did you claim the 8% interest or did you claim the contractual interest amount!! - your help and advice would be appreciated.
my old thread!!!!!! haven't looked at it in months!
no, i def did the 8% interest - back in aug. claiming contractual was a pretty new, radical idea - i don't think i'd have done it anyway as i'm pretty conservative (small c) - don't think i'd have had the nerve to do contractual. i've just kept on as i felt i had a fairly good grasp of the claiming steps and have enjoyed helping others with some of their questions.
we (meaning my son) are still thinking about what to do with the managed loan - as it was the bank charges which drove him into mega overdraft territory and put him in the postition of being strong armed into a ml - we are toying with the idea that looking at the amount of charges at the time the loan began - and comparing to the loan - like say 50% of the loan was because of charges - then, does it follow that 50% of the interest paid from the beginning of the loan up until the charges were refunded is also reclaimable -
haven't quite yet worked up the nerve or the know-how to go about it - there is another very long thread about m.l.'s and it breakds my heart to see so many people in this predicament. so we are considering what to do.
thanks for the trip down claiming memory lane here........
how is your claim coming along?
Lattie ! A familiar name at last Have been here all day seeking advice but no familiar names I recognise. Do you have a minute to offer some advice please?
Have been reading for months Am at stage of submitting NI to court, but have got into a tizz.....
Have read much and decided to go down CI route, Have followred Bongs thread and read all about pros and cons of thie but am going to try it .
Question is I'm claiming back just beyond 6 years (understand the Statutes of Limitation Stuff) and am goiing to put in claim for 18.3% (current rate for overdrafts) , and in alternative standard borrowing rate (which I dont yet have - cwill call HSBC tomorrow as it dodesn't appear on website), and in alternative the standard 8%. Have got very good POC cobbled together from Bong MCuth and others. Problem is my account was upgraded to Account Plus in July last year with lower interest rates (15.6%) Do you think I need to add new spreadsheets to reflect this last 9 months at this stage or can I do it at point of responding to HSBC defence? Just really need to know how complete things have to be at this stage and if you can make ammendments after submitting NI ?
Any help or pointing me in right direction would be greatly appreciated
i really don't know diddly about cont. int.
best bet is to go on bong's thread
years?!! (12345)
and ask - you'll get help right away.
i do know that's kind of the point of the n1 is you can put loads more in the POC's.
i'm sorry i don't know enough to help - so go on that link - they do know what's up.
very good luck with your claim..
Hi Latty, (tried to PM you but couldn't so I thought you'll get this OK!)
Just to let you know I received my cheque from Barclays this morning . £1800+
I know it's not this site, but all the advice I got from you and Pete and Netty when I took on HSBC was what carried me through the Barclays one as well!
This is definitely the best site and it's you who do so much make it so.
I've made another donation to give power to your elbows - keep it up and thanks again. You're a diamond, LattyX