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r_bath

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  1. Well the post came today and I had two letters....one returning my Request for Judgement, as expected!! But the other....... FULL OFFER!!!! Woo hoo!!! DG sent me a letter with the usual HSBC are confident they would win but mindful of the whole time and costs etc and prepared to make a full and final offer!!!! Yay!!! So, it has the whole thing about confidentiality which I willl cross out. But I am worried they might try and use it against my loan instead of paying it into my account, what should I do to make sure they do it my way? Thanks so much everyone, Lateralus you are so wise!!!!
  2. Rand Deborah D'Aubery, she is the contact they have given me, but she is off until Monday. On Monday I will call her and try and nudge them along! Thanks:)
  3. Grrrrr!! You guys were right, I received a defence from HSBC yesterday I have to fill out the allocation questionnaire by 01st February....... I've read other posts that say sit tight until the last minute that you have to file it, as an offer might come in? So thought I'd complete the AQ and sit on it until I have to file it.....just in case!! but I have a question, as I have filed the Request for Judgement, but then received the AQ and defence, what do I do? Do I have to tell the court or DG that I did the Request and get them to cancel it? Or should I proceed as per usual and ignore the fact I had already given in my Request? Thanks!!
  4. Right then, still no post today so I toddled off to the court and filed the Request for Judgement this afternoon, eeek!! Bet there will be post tomorrow now, just my luck!!! Will wait for them to get back to me I suppose.......... Wait wait wait!!!!
  5. Ok, thanks for the heads up!! I've waited for the post and nothing today, so I'll take the Judgement to the court Monday? If they do file a defense I'll get a letter and then do the allocation questionnaire right? Yeah, the charges were an unpaid cheque which (unfortunately) they are right to contest, dammit!!! So I took it off and sent a revised schedule to Colin Langdale and DG Solicitors. So I guess I put the revised amount in the total claim column, even though it is different from the original, as that is the total I am claiming? And then put 0 in the interest column as I added the 8% on when I went to court? Sorry for all the questions!
  6. Yay the bank have 'forgotten' to enter a defence so I win!!!! YES!!!! So firstly thanks to all, it got a bit hairy but I stuck with it!! But I need a bit of help on my Request for Judgement please........ Basically, my initial claim that went to court was for £460, but the bank wrote to me responding to my LBA after this with an offer (I refused) but also I had to take some charges out of my schedule. So I replied to the bank with a refusal and a revised schedule for £300 and also sent a copy to DG. So HSBC didn't defend and I'm filling out the Judgement but it has a couple of columns and I'm not sure what to put. It says: "Amount of claim as stated in claim form" "Interest since date of claim" "Court Fees" "Deduct amount (if any) paid since issue" So, should I put the original total I claimed for and then take off what I had to in the deduct column, or should I put the new total in the claim column? Also, do I add on any more of the 8% interest that has accrued? Thanks, these are probably really obvious but I don't want to mess up at the last hurdle!!!
  7. Well their time is up!!! Waited today and nothing has arrived from HSBC or DG Solicitors since I sent the revised schedule and rejection of offer letter. It doesn't matter that I had to revise the schedule des it? I still use the same timeframe? Anyway, so I have the letter from the court, do I just fill in the Request for Judgement and file it? And that will go to DG Solicitors? He he!! They are so rubbish!!!
  8. Hi! Just a quick update....i sent through the letter turning down the offer etc. Haven't heard anything on that score since. Well, now I am a bit confused. I did the court thing and they acknowledged saying they will file a defence and they have until the 12th Jan to do this.......2 days away!!! Hopefully either and offer will come or nothing at all in the next couple of days, but what do I do? If they defend I'll go from there, but if they don't respond do I fill in the Request for Judgement? Nearly there!!!
  9. Ok, today I am sending off, by recorded delivery, 2 things: 1. A letter to HSBC refusing their settlement offer (yay!). I have said I will accept part payment, but I have a question....If I want them to send me a cheque do I just cross through the line that says "Please allow 7 working days from receipt by ourselves for your account to be credited"? And then they will send me a cheque? I crossed out the 'full and final' line and wrote 'partial' instead 2. Sending off a copy of the letter and a revised schedule of charges off to DG solicitors so they are up to date with the process, is this ok? Thanks!! Nearly there I hope!!!
  10. Thanks so much! I have checked with the bank and it is indeed a returned cheque that someone had paid into my account. Sooo.......I have taken those off my schedule of charges, but do I have to start again? Or can I reply with the part payment letter and include the new schedule of charges, plus the £50 court fee, and say that I will claim that back? Like this: YOUR Street Town City Postcode Date BANK NAME Address Address Postcode Re: Account number XXXXXXXX Response to settlement offer. Dear Mr Langdale Thank you for your letter dated 28/12/06. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder. I will accept, however, that you remove the sum of £120 from my claim due to services rather than charges. Therefore I request the sum of £ (including 8% interest and £50 court fees) to be refunded to me. I have enclosed an updated schedule of charges to show these amendments. Your acknowledgement of Court Action indicates that you have until 14/01/07. You are reminded that there will be no extension to this timescale. I trust this clarifies my position. Yours faithfully [signature] [print name] And then I send this letter, with the offer letter and a new schedule of charges? What do you think?
  11. Ha ha!! Then it is just a stalling tactic to not pay as much money? Here is my letter back, can anyone tell me what they think? YOUR Street Town City Postcode Date BANK NAME Address Address Postcode Re: Account number XXXXXXXX Response to settlement offer. Dear Mr Langdale Thank you for your letter dated 28/12/06. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder. With regard to the unpaid cheque and unpaid item of £110 these are unlawful charges to my account, as well as the £10 for stopping the cheque. I agreed to the £10 fee at the time but as I wasn't aware that the fee is unlawful my agreement is not an issue. I would not have agreed had I known these facts. Therefore I will still be seeking these charges back and the full amount of £XXX. Your acknowledgement of my Court Claim indicates that you have until 12/01/07 to respond. You are reminded that there will be no extension to this timescale. I trust this clarifies my position. Yours faithfully [signature] [print name] What do you think?!?! So do I send this off along with the letter and just cross out the 'full and final settlement' part? And also cross out the bit about my account being credited if I want a cheque?? I am quite scared now, I know they will make an example of me!!! Maybe I should just accept that they wont pay me the charges they stated and go for the amount less that?!?! Help!
  12. I have no idea what the unpaid cheque means....whether it's a cheque I wrote that bounced or what, or whether the cheque was for £100 or that is the charge for it..... I'm tempted to just cut my losses and accept but I know that I deserve my full amount!! So I should say on my letter back to them that when I agreed to the charge I did not realise I was agreeing to an unlawful charge, therefore I am still claiming for it? Oh gosh, this is going to make them mad isn't it!!! Thanks guys!
  13. Hi It just says on the statement: 24/06/02 DR UNPAID CHEQUE £100.00 So I'm not sure what it was for...?!?! Also one other thing, £10 that I claimed for a stopped cheque they have said that I was told and agreed to the fee, which is right, so can I not claim for this? I don't mind letting it go, but worried they might think I'm a pushover though I think they're right on this score, ooops!!
  14. Hi, today I received an offer from HSBC (YAY!).......but I have a couple of problems I hope someone can help me with....... 1. I filed a Court Claim which they acknowledged on the 14th Dec, but they have replied to my LBA letter with an offer and therefore the offer is for a partial amount before interest etc was added, so do I need to reply saying the standard I accept partial payment but expect the rest etc? 2. In my charges I got charged £100 for an unpaid cheque and £10 for an unpaid item. The bank are now saying that they are not charges and that they will be deducted from my requested amount, is this right? I thought we could claim for unpaid cheque/item? Eeek!! I could only find the template of refusing charges at the LBA stage, not after the Court stage, can anyone help and give me a template? And also let me know if I can claim the upaid cheque/item that they are refusing? Thanks!! Nearly there!!!!
  15. Thanks!!! After reading the site I was a bit worried that they didn't suggest a partial offer as that seems to be what most people get and was thinking oh no!!! I will ignore it then, they have acknowledged the court claim so they have until beginning of January to respond.....the waiting is so hard but it'll be worth it in the end!!! Thanks!
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