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have just been told off I think for not posting my own thread so apologies!!!
i have received my letter from the now becoming infamous Phil Beaumont which is making me an offer of £420 against a claim of £2300. He has also sent me a document to sign stating I will accept that under no circumstances does this admit guilt on behalf of HSBC. Is this a standard letter?
I am fully intent on now taking this trhough the courts however will this 'gesture of goodwill' go against me in the courts? and should I notify HSBC that this offer has not been accepted and I intend to take the matter forwrad?
Welcome to the forum, the more people we have on board the more strength we have to fight these unlawful charges.
The offer is fairly standard and is intended to frighten people out of continuing. They will adopt many such tactics along your journey, and I would advise that you check out the FAQ's before you go any further - this will help you in combatting those diversionary tactics:
In the same section you will also find a step-by-step guide which will help you through the process. The most important thing to do though, is to spend time looking through the forum at the experiences of others.
It is advisable to spend at least two days doing this - I understand that you are in a hurry to get your money back - but time spent now in learning and understanding the process will benefit you later. It could also save you from making costly mistakes.
All the best with your claim. Please keep us informed of your progress, and remember that we are all in this together. If you meet any problems, or have questions that are not answered elsewhere (and most have been), please post them to the forum.
Alan, Derby, UK.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
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Advice given is purely my opinion, and is not based on any legal training.
It most certainly will not go against you in court.
If you were a builder and you quoted a job for a brick wall at £300 and when it came to payment you were offered £100, would the court look kindly on that?
No, you are owed what you are owed. If it were the other way around and you could prove finacial difficulties then maybe the court would be sympathetic.
(although, ALL banks seem to be taking this tact - and you can't blame them. They have realised that people are not scared off by the courts (especially when the court proceedings have been bought about by customers) and will not ne fobbed off quite as easily as they thought.)
Now, their tactics seem to be, offer a smaller amount - most people will be happy with that. NO - YOU SHOULD DEMAND WHAT YOU ARE OWED. Imagine it on the other foot - if you owed them 2k and offered them 800 they would say no - probably increase the debt by way of interest and charges and then take you to court eventually. Why should they be treated any differenly? We are all bound by the same laws and they have been caught out - now they are just trying their luck.
Let them know who's in charge now. You. You Are Suing Them!! You call the shots. And the audacity of their piddly settlement attempts remind me of the comtempt they have for their customers. DO NOT LET THEM INSULT YOUR INTELIGENCE!!!
Do you think HSBC cannot afford it? 11.9 billion profit from the UK alone in one year????? No, I think the fact that they have offered less than the full amount would go against THEM - not you.
There is no way I would accept that - they have effectively stolen from you as IMO they have not acted within the law. If you caught a thief with your TV and DVD player, and he offered you the TV back but not the DVD player, what would you do?
(kick him in the nuts I would hope)
The same goes for the bank.
Also, DO NOT AGREE TO CONFIDENTIALITY - why should you (they may well ask)?
This is a seperate commercial agreement and they know it. If they pay you enough, then if we don't hear from you (apart from maybe a book token ;-) ) then fair play to you!
PS. I'm on about my third bottle of wine now, so excuse the passionate reply and poor spelling and grammar!!!
PPS. Stand your ground. You WILL get all your money back.
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I received a reply from him too, a very long winded letter headed without prejudice and offering £50 instead of the £77 total charges. The letter did not give any explanation as to how he arrived at the £50 either.
Within the body of his letter it did say that, should I agree and sign it, the payment to me of £50 would be 'in Full and final settlement' of the matter. It also stated the offer did not constitute any admission of liability on their part. It does seem to be a fairly standard letter he is sending out but I don't understand where he is getting the 'settlement figures' from he quotes to the complainants.
I have drafted a reply back to him reminding him that the full amount was for £77 and that no further communication would occur after this second letter (the one I have drafted).
Sorry, someone else will probably be able to answer your last question about whether your refusal to accept their offer would go against you in court. Good luck.
Letter from Phil Beaumont
. Is this a standard letter?
' go against me in the courts? and should I notify HSBC that this offer has not been accepted and I intend to take the matter forwrad?
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