Well Done !!!!!! :d :d

Sorry Im probably being really dim! What's AQ? Also we paid £200 when we filed money claim (we're actually doing 2 seperate claims for 2 accounts) Can we claim this back plus the next £100? And another question when do we start calculating 8% aday? Is it fromdate of service? and will that date be printed on our Notice of Issue letter? Thanks for all your help answering our questions.

If HSBC put in a defence, which they probably will, then your case will be transfered to a local court and the AQ is questionaire that the court will send you.

It usually costs an extra £100

So then Alan,

Any joy with this case ?????

Defence received states,

 

1. The Claimant's account is governed by the Defendant's personal banking terms and conditions.

2. Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list.

3. It is denied that the fees charged for the services provided amount to a penalty or liquidated damages clause, The fees are an agreed price for a service provided by the Claimant.

 

OK, well spot the obvious mistake for one thing!

 

Is this similar to what others have received?

 

If this is the best they can do, they are in serious trouble!

That's exactly what i got as a defence. It seems to be the standard "defence".

Get your breakdown ready to send off to them. You'll receive a letter from DG asking for it and you should hopefully get your offer for the FULL amount shortly after.

From what i've read of other's who have gone this far, that seem's to be what's happening.

Almost there

Breakdown of charges sent today, (recorded delivery, of course) :D

Damnit, they entered a defence last thing yesterday!

 

Can anyone tell me about their experiences of what I can expect next plase?

Hi Clare,

They entered a defence at the last minute with my claim (last saturday).

And then today, i got a letter from DG requesting a breakdown of charges.

I'm tempted to call them tomorrow and/or send a letter along with my breakdown telling them that it's the 3rd time i've sent them a breakdown.

Oh well, the merry-go-round continues !!!

It finally arrived, well, the request for the breakdown of charges.

Not sure whether i should fax it over or send it recorded delivery (1st class, of course !) ??

Also, i didn't see one, but is there any standard letter i should send with the breakdown ?

TA

Just stick to the time table.

If they haven't responded, the hit them with the LBA, then MCOL.

Eventually, they'll respond. But probably not with the answer you want.

YOU WILL GET YOUR MONEY BACK !!!!!

Hi DAB 40,

I'm in the same position as you.

I got a letter from DG today aking for exactly the same thing, although mine was dated 11 September.

I didn't include a breakdown to the court yet, but have TWICE supplied HSBC with the breakdown of the charges, but from what i've read, this is quite normal.

Personally, i was thinking of sending them both. The breakdown and strongly worded letter to go with it .

As for a standard response letter, hopefully someone can direct us in that direction.

GOOD LUCK !!!

So, er, are you still waiting :lol: :lol:

I'm in the same position as you with the MCOL but i've had no contact with DG yet asking for any breakdown of charges.

Hi Kelly,

In this thread http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html it should tell you what to write on the claim form.

Hope this is helpful.

..oh and for the HUMAN RIGHTS bit, just put NO (matter of opinion, LOL!!)

GOOD LUCK !!!

Every penny counts plus if you've filed the MCOL, get that back from them!!

JUST GO FOR IT !!!

You've given them ample time to at least respond to you, even if it was to say NO.

Don't worry about when you file the claim. You never know, you may even get a response from the bank in that time, LOL !!!

Just file the claim when you can and get the ball rolling

GOOD LUCK !!!

GOOD LUCK Winkle1 !!!

Momday morning's post has been an still NOWT from the bank or solicitors.

My questionaire is now filled in and ready to be handed in to court. Just a bit worried as i still haven't heard anything from the solicitor wanting my breakdown of charges.

Should i give them a call and enquire ??

Sorry to be a pain in the behind:D :D

Hi Stephie,

I'm in the same boat as you. I got conformation from the court that they intend to defend the claim in the post this morning.

Quite worrying, i think. I know it seems pretty standard, but still, the thought of possibly taking the bank to court certainly puts the fear in to me

You could accept the offer as partial payment towards the full amount.

Stick to the timetable but you could send them this

Ref: **********

Dear

Thank you for your offer of £xxxxx as full settlement of my claim for £xxxxxx

I regret to say your offer is not satisfactory. As stated in my previous letters to your offices, I will settle for nothing less than the full amount levied against me in unlawful charges, without conditions, from the 23rd February 2001 to 2nd May 2006.

Furthermore, unless this matter is resolved to my satisfaction before the 4th July 2006 as per my stated timetable, I will proceed to issue a claim for recovery of this sum in the courts, plus costs, plus £xxxx in interest as allowed under section 69 of the County Courts Act 1984 at a rate of 8% a year.

Yours faithfully,

or ....

Ref: xxxxxx

Dear,

Thank you for your offer of £xxxxxx, on 18/07/06 for my claim of £xxxxxxx.

I wish to accept your offer of £xxxxx, as part settlement towards the full amount owing, £xxxxx.

Only, when the £xxxxxx is paid in full, will I cease my court action against HSBC.

If paid in full I will not pursue the additional charges added to my account and accrued interest, as an act of goodwill.

Furthermore, unless this matter is resolved to my satisfaction before the 4th July 2006 as per my stated timetable, I will proceed to issue a claim for recovery of this sum in the courts, plus costs, plus £xxxx in interest as allowed under section 69 of the County Courts Act 1984 at a rate of 8% a year.

I am entirely confident that the charges, imposed by HSBC, are completely unreasonable & having been deemed unlawful by the OFT, a court would agree with this statement.

Yours faithfully,

Just ammend them to suit your case.

GOOD LUCK !!!

Ta very much, good sir !!

Just out of curiosity, the £100 i have to pay. Can i claim it back, assuming i win?

Well, today i received conformation from the court of HSBC's defence.

Firstly, the defence which said -

1- The claimants account is governed by the Defendant's personal banking terms and conditions.

2- Pursuant to the Defendant'ss terms and conditions and the Defendant is entitled to make a charge for it's services as set out in the defendant's price list.

3- It is denied that the fees charged for the services provided amount to a penalty or liquadated damages clause. The fees are an agreed price for a service provided by the Claimant

.... and i also received a questionaire, which i guess is normal procedure, but i've just found out is now going to cost me ANOTHER £100 when i hand it in to the court... and it's been moved to my local court aswell.

I wondered if anyone else has had any experience of filling in this questionaire?

And should i attach the spreadsheet to it aswell, as there is a section which says OTHER INFORMATION to put in anything to help the court understand the claim ??

I JUST WANT THIS TO END NOW !!!!

Hey Michael,

Thanks for the reply, but that's what i was worried about.

I guess this is normal, by the sounds of it but just the thought of this going to court is quite worrying.

Having seen cases being stayed and even one thrown out, it makes me think that maybe i should have just taken their first offer

Just went on to the MCOL website and i saw that HSBC intend to defend the claim.

"You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

I sill haven't heard from the solicitor's but no doubt i will now in the next couple of day's.

This is where i start to get extremely paranoid. Does anyone know what can happen in this situation ??

I've seen a few threads where people have been asked to fill out a questionaire and send back a breakdown of charges

Any help will be greatly appreciated

Thanks,

I've been waiting for a reply from DG solicitors as i got the letter from the court last Saturday.

I'm going to give them a call just to see what's going on

God - I'm losing sleep over this whole thing! MCOL filed, received acknowledgement and that that DG Solicitors intend to defend. Its pretty reassuring reading threads on this website but I can't help but think 'what now'?

 

I've seen other threads where people have received acknowledgement of service - is it normal for HSBC to say they intend to defend and then pay out anyway or am I going to end up in court defending my case??

 

Help - what happens now???:o :o :o :o

Heyy ddon,

I'm in the smae boat as you.

I just wondered, did you receive anything from DG solicitors or just the conformation from the courts of the acknowledgement?

Hi there after using this fantastic site to sucessfully reclaim most of my bank charges with various banks i am now in the process of my HSBC credit card. After all the letters stages and no sucess it was time to issue on moneyclaim. The claim was acknowledged by HSBC and then 3 days later a letter arrived from D&G Solicitors offering me the full amount plus the interest i had claimed for with the acceptance sheet attached. i signed this and sent it back on 16.8.06 but have heard nothing since. i chased it up yesterday to find the women who deals with it has gone on holiday and ignored my answerphone messages. What should i do next? Do i have to wait until she gets back? I would think that the 28 days will be up soon on moneyclaim and so do i just wait til then and file for judgement by default?

 

Any advice greatly appreciated as i am getting slightly stressed out about it! Thanks alot guys!

Try this number for DG. 0121 455 2707

It was given to me by HBC Legal dept, or something like that.

They'll be getting a call from me in the morning!!!

Sorry for High jaking your thread guys!! BUT...

 

Last question I promise - they are asking something about 2human rights2 on form - do I tick the box or leave it (sorry for being dumb - but I am sitting waiting for midnight to ping the buttons!!)

Just got interst to double check now and it's done!! (so excited - can't wait for son to get his money back - file mine & hubby's MCOL next week with Halifax too - this is my dummy run for my son LOL )

 

Thanks so much for your help everyone!!

I had the same issue at first and ticked it to say YES, then i thought "Bugger !!, They might reject my claim" but it still went through.

Maybe put NO to be on the safe side......

...but don't quote me on that;)