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Max1

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  1. Max1

    New to this

    Just to clarify - are we ok to accept this as a partial settlement (I have used the words that we will take it as an instalment) even though we are at the Court stage. All the partial settlement stuff seems to be geared towards offers before MCOL. Max1
  2. Max1

    New to this

    We have received a letter from DG offering the full amount plus the court fee but not the 8% interest on the debt or the daily interest on the debt. I am sorely tempted to take it as I worry that I might lose the lot but then part of me thinks that I should get at least the interest on the debt - it is nearly £300. Any advice? Also I cannot seem to find the partial acceptance letter anyone got a good one to send to DG. Many thanks (donation coming soon......) Max1
  3. Max1

    New to this

    A quick update. I received a letter from DG today requesting the breakdown of the charges. I will fax it tomorrow and also send it recorded delivery. Probably overkill but better safe than sorry. Just sent a really short letter telling them it was the requested breakdown. Thought it was best to be short and to the point. Fingers crossed we are near the end now. Also, my husband has a loan with HSBC (not a managed loan) and it is not or has never been in arrears. The claim is for our joint account. Can they pay they amount off his loan account? Thanks Max1:D
  4. Max1

    account closure

    Is this your first claim against HSBC? I am only asking as we are claiming and are at MCOL stage and just wondered if the same would happen to us. Not the end of the world but a major inconvenience. Max1
  5. Max1

    New to this

    Thanks for the words of comfort. The waiting game is difficult and even worse as I leave for work before the postman arrives. Everything is ready to send them and fingers crossed we get the money before Christmas. Having seen the news at the weekend the banks having even bigger things to worry about with not bothering to shred peoples statements, leaving details of their bank account numbers etc....... A nice big fat fine from OFT I think. Max1
  6. Max1

    New to this

    Still panicking and still have not heard anything from DG. Also I have noticed that HSBC seem to be filing their defence and therefore more people seem to be getting to the Allocation Questionnaire stage. Does anyone think that HSBC are preparing to defend in Court? Am I just being over anxious - answers of a postcard................... Max1:smile:
  7. Hi Tez Just to let you know that our MCOL has been filed and acknowledged. We got the Court papers today saying that they intend to defend in full. Which I would guess is the standard reply. I have not entered into any communication with HSBC and can't really see the benefit of doing it, but it's up to you really. I am just waiting to hear from DG the solicitors and will take it from there. It is really nerve wracking and I'm not the most patient of people so the waiting game is really difficult for me. Keep in touch as I think we are on a similar timeframe and take heart you are not in this alone. Max1
  8. Max1

    New to this

    They have acknowledged our claim which means they have 28 days to file a defence. I do hope I don't become the test case.... I'm trying to be positive and see it as one step closer to getting my money back but must confess to be very nervous. I still find it really puzzling that some people seem to get offered something as soon as they send the first letter but then others (me included) have to go through MCOL and even then they acknowledge. Good luck everyone. Max1
  9. Max1

    Dee-UK V HSBC

    I am claiming for our joint account and left the UTCCR in. Our original account was set up in 1981. I totally panicked and had visions of losing on this technicality but contacted Bank Fodder who was most helpful. It is not only that that the claim is based on but common law. Also when I checked back we have received copies of terms and conditions from the bank which state to keep them safe as they are the contract. We have ones from 2005 and 2006 so you could argue that the contract changes over the years so UTCCR would apply (also I am not claiming for anything pre 2000). My other argument would be that if they were still insisting that the original contract pertaining to 1981 was in force I would argue that I should have been charged the overdraft charges in force at 1981 and my guess would be that this would be much cheaper and so they would still owe me money. Finally, I think there must be other people who have still included this on their MCOL and not lost even though their bank accounts were set up pre-1999. Hope this helps and good luck. We issued through MCOL on 12th and the claim was acknowledged today. Another thought was if they thought they could get the claim thrown out on this technicality they would not prepare to file a defence but apply to get it thrown out of court. If they go to court they will still need to justify the charges they make on your account. Max1
  10. Max1

    New to this

    Hi jack away. Fay:eek:
  11. Max1

    New to this

    Thanks everyone - it's nice to know that even if the Banks are meanies there a still good people out there. The support from this website has been tremendous. Also on the plus side if it is a test case I might get on GMTV or Lorraine Kelly - maybe I should start planning my outfit......................... fay
  12. Max1

    New to this

    Well, we have done it and have issued a claim against the HSBC via MCOL. Am really panicking now. Knowing my luck I will end up being the test case and losing. Anyone else issued today and feeling nervous? I could do with some words of encouragement. Fay:-o
  13. Max1

    New to this

    Thanks that's what I did - just getting a bit nervous. Fingers crossed Fay:confused:
  14. Max1

    New to this

    I know I am being a little anxious but we are due to issue our MCOL claim tomorrow. Please could some kind person check my proposed text for the claim form and let me know if I have got it right! 1. The Claimant has an account XXXXXX with the Defendant, opened May 1981 2. Since 19/07/00 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of 3457.50 GBP; (b) Interest per S.69 County Courts Act 1984 of 8% - 276.00 GBP continuing at 8% until judgment or settlement at a daily rate of 0.82p; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. Additionally it says that I have to provide another copy of the schedule. Do I send this to the HSBC or do I sent it to MCOL? Again many thanks for all the help we have received from this forum. Contribution will be made as soon as HSBC pay up!!!! Fay
  15. Max1

    B3kk1 V HSBC

    I have just had a totally different response from the Customer Services Team. Basically we had a "get lost" letter after our initial letter, have sent the LBA and are about to claim via MCOL on Thursday. I thought it was worth a call but got told that if we have received a letter telling us they will not refund the charges and that is their final answer then they will not negotiate. When i asked why they seemed happy to settle some cases and not others he replied it was puzzling but he didn't know. He said he would update my file stating that we were about to claim but that was all - in fact he said it wasn't really worth waiting until Thursday and we might as claim now!! We will wait as all advice seems to stay stick to the timetable to be reasonable. Fay
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