Andy'b see your thread LizP - thanks for finding that out very interesting, but yeah hollow indeed - just undermines all they tried to say. If it goes on much longer i hope the bell-ends try to go to court, i would love to show a judge the pathetic, incoherent, non-sensicle, contradicting, blabber that they are trying to fool their customers with Does anyone know of a fair fiduciary, i want to move my accounts a soon as i get this money and wipe out my owing's to HSBC

Hi, I see, while they can say the the debit interest is not caused soley by the fees, they cannot deny that a large part of it is caused by them. Did you use the advanced spreadsheet ? IF you did perhaps you could write to them compaing the total debit interest to the calculated (estimate) of interest caused by charges, and as it says in the notes page of that section - If they are not happy they can provide a more accurate calculation. It just isn;t feasible that have 100's or 1000's of £'s take from your account will not cause debit interest, even if you account was 10k in credit and 2k worth of fees were taken you should be able to claim for the credit interest lost by the application of these charges. I think they are just trying to shave off as much as they can from each claim due to the amount, and we just have to not let them, most people think and maybe know that the banks will not go to court so they will have to settle up to your iking or they could be on very dangerous ground maybe i'm wrong but that's how i see it, Keep it going and dont back down

I'm not stressed - i feel good about it actually as i know i am in the right and they are so foolishly incompetent that i cant imagine anyone would want to discredit themselves by trying to defend HSBC with this charade of inaccuracies they call a defence. I am rather confident now after looking back at my spreadsheet, so much so that i think i might call up Ms Tomlinson and carefully explain what i mean to her to a degree that she cannot disagree with me :grin: Anyone got her number ??

I cant imagine what kind of wordingthey are going to use if they make a full offer, how can they twist giving all the money i asked them for into some kind of twoddle about their client looking out for the best especially as they have insisted on something that is proved contary by the documents that i have been sending for weeks. It would be good for them to bring up that document in court as they warned me they would, how foolish would they look if they hadn't taken into account information that had been repeatedly passed to them and then tried to base their partial defence on something that is proved incorrect by this DG - the comedy solicitors !

Hi, waiting on there response now and trying not to think about it (because i will get very annoyed) but i have just faxed them an updated copy of my rejection letterand spreadsheet. I have uploaded an extract from my spreadsheet (which they have had many times) which clearly shows that only a calculated portion of the debit interest applied to my account is add the to 'Interest on Penalties' Sum - which is rather nice to the bank, though it does save potential backlash at this stage - BIG thanks to whoever made the spreadsheet ! I was unsure at first but after looking back at my spreadsheet and refreshing myself it gave me the confidence to give DG the big middle finger once again

HI, I looked back at my spreadsheet and it did account for this, it states this in the notes 'Interest is charged by the bank on any overdrawn balance. It is argued that had the penalties not been charged then the balance would be less overdrawn or even not at all, giving rise to a lower interest charge or none at all.(It could also be argued that if you had had the extra money you'd have spent it and therefore been overdrawn on another occasion anyway, but then, you never had that opportunity.)The interest on penalties calculation aims to demonstrate an estimate of the interest that would not have been charged had the penalties not been applied. If the bank disagrees with the calculation it is up to them to provide a more accurate figure.The following should be considered when using this estimated calculation:The calculations do not compound the interest, i.e. interest on previous unlawfully charged interest has not been included.Charges are deemed to have been applied to the whole of the month in which they have been charged.The date of the interest charged is arbitrary as the interest is a more complex calculation processed by the bank using a daily basis.The larger the balance of interest on penalties to be claimed, the greater the weight to the argument stated in bold above. The argument is stronger than the calculation!' So i wrote back rejecting again, (same generic wording ) with that 'AndyB' statement and also stating that i had sent them the spreadsheet several times before they can kiss my ass and give me my money :> Its on, sent yesterday 8-)

Hi, thanks for the interesting response, i agree it would only make sense for such a company to develop a manner of 'wining' in a sense i.e. not paying out all they should after all multiply it by the amount of people claiming and its well worth it. You are correct in all you say about banking with them, though i did pay the last £100 out of my bank. i should be ok as i get paid next week and have a supportive family, Yes the letter said 'without prejudice' it actually said Without Prejudice Save As To Costs' which i dont understand Thanks again, i will have to mull this over before the next step - input definately appreciated - and yes i had heard the massive D [problem] before, similar ethics i see - they are just trying to worry me and its working - without you lot i wouldn't have a clue - thank you !

Hi, ok you were half right, i did get a letter (2 copies of) offering me the same amount again saying i new the terms etc and that they would win in court but for the previous given reasons they are making an offer. I have not seen this before (scary) i dont want hem to force me into accepting a low offer. Any one else had this ? or now what to do ? It goes on to say that they will bring up the letter in court and that they will say the client has made a reasonable offer that i have rejected, i says ' In the event the court concurs with our view we will seek an order that you pay our costs in continuing with this claim from todays date until conclusion' ?? I will scan the letter in and post its contents tommorow - really dont want to mess this up now - help ??

Read threads and phone the courts, turns out that the thread (Liz's) is very relevent. Courts said that the client (HSBC) had asked the judge to stall the case as they are in negotiations with myself - fine if they are going to send me the money, but they have stalled the case for 6 WEEKS ! :eek: :eek: sorry, but B*st*rds. I really need this money right now - not sure which way to go about this now, what is the best way to try and get D+G to move things on ?8-)

Hi, thanks i'm just going to read andy b's thread now. The deadline was yesterday @ 4pm - what should i do now, juts wait for contact or phone the courts ? not sure what to do 8-)

Hi, Here i am still waiting for another communication from D+G maybe today would be a good day for them to send me a lovely offer Can anyone advise what i do next, if i get no offer , and D+G don't file their AQ by tomorrow 4:00pm(extended AQ deadline) Do i just wait for the courts ? feeling rather anxious , maybe i shouldn't have included the line about the full restitution of my charges and related interest:eek:

Hi, just a little update - i went to post my rejection on thursday but the post office was closed due to weather so it went yesterday - i also faxed a copy over in the hope it would be sorted sooner hopefully my last wait now -

Hi, thanks yeah thats a better letter didn't think the first one fitted well, they offered me all the money including 220 court costs just missing the OD interest and 8% on that. So i think they are quite aware of the situation, just trying to stall by acting dumb. cant get over how many holes are in there letter though, i'm in disbelief they will still say this. Also i have never mentioned a cheque and would be happy for it to go into my account, so i dont need to say about the cheque. Hopefully i can sent it off tommorow if im not snowed in Cheers

Hi, thanks again for the response, are you sure that is all i need to say, dont i need to explain why i disagree with the settlement

Right, i have got home today to find a letter from D+G they have made an offer but have denied my overdraft interest apparently, the offer is for 2308.76 on my request of 2724.43. They have ommited the overdraft interest and related 8% interest, not sure what to do obviously i have waited ages but then ido want all of it. incidently the letter is laughable, it makes them sound like idiots have they say how correct they are but then offer the money ,it goes on to say that they are right and i am wrong and that they are definately going to win if it goes to court because it is my fault i have beeen going overdrawn and i agreed to pay interest when opening my account, they say the only reason they are making an offer is for commercial reasons (court cost etc) though they have resisted my request to settle before more costs were added. And they do not again mention the actual breakdown of their costs just that they are fair, tehy say the normal bits and a bobs about not being able to claim for these charges, that it should be full and final ex gratia payment and that i agree to keep it confidential etc to be honest although they are offering me money i am quite disgusted at the tone used, its as if they are telling me what to do and which terms to agree to, this should be the other way around really. what should i do please advise,

Hi again, OK so yesterday after failing to email Debbie i thought i would try to forward it to Kate Evans but i could get her email right and just got bounce messages - does any one know her email ? (i find it easier to email as i don't really have access to a phone during the day + i am usually very busy) Also, i got home yesterday to find a letter from the court, again disappointing, contained information which conflicted with what i had previously been told. The letter told me who the judge was and that they had actually given HSBC another 2 weeks to file their AQ, i find this disgusting and the fact i was told it would be a week initially adds to my annoyance - they have until 15th February now (next Thursday !) For some reason i am hardly surprised, they are blatantly going to drag this out for as long as possible, though i fail to see the logic of incurring further costs - i wouldn't be surprised if i have to shell out more cash before i see any kind of action -another instance of the system not working for the little people

Hi, thought i should try something so i emailed old Debbie again, regardless of the fact i have never had a response to any of my mails to try and chase, and i got the most useful information her email address has given me even if it is bad news - She is now out of the office for the rest of the Week ! so she wont be dealing with anything, guess this is a sign of an even bigger wait, FLUNKY - has it not been 7 days since your sanction order ? I am intrigued to see how quick the courts could make them pay if they don't return AQ with the extra 7 days they were unfairly allotted. I had the name ALAN BURDEN given in the auto reply so emailed him in hope i might here somesthing at least. It really is so bad, i wouldn't even know D+G existed if it was for this site -they have only ever contacted me and that was hardly useful - just a confirmation of one of the many times i have furnished then with an itteration of my case related documentation. feeling ratheranxious now, but will be on the phone to the court in the morning to see if they have satisfied the sanction order.

Basically its because they didn;t file their AQ in time, they havean extra 7 days. The lady i spoke to said she was sending it out the day after, however i dont know if it will be notification of 7 daysform the due date or from the date they send or recieve the order. I'll call court later or tommorow and find out what the caes is.

Hi, No, Still nothing, tommorow is a week from the AQ date so i will call and see if they answered the sanctions order. Not sure whats going on here but i should here something from D+G or courts soon - i cant be bothered to thinkabout it beacsue it was annoying me so much so i'ma just wait until something pops through my door - even though i need it more now asi have just had a years council tax bill:eek: Will let you know as soon as i hear anything, my last contact was to send a second copy of AQ,Directions, Schedule, Letter asking whats going on Thursday but had no confirmation or response

OH, Well doen - I hope there is something in the post for me when i get back ! Just one thing though, the figure that D+G actually pay out what date is that based on ? With the interest increasing the figure daily , do they take it form the day they send out the cheque or agree to pay or what ? I know its only a few pounds per day but the confusion could be taken advantage of so they keep at least a few ponds that is not theirs. I have often wondered this but not seenanything about it on the forum, people seem to get the correct full amount and take it straight away .................or am i completely wrong ??

Hi, I dont think you have to send it all, i just wanbted to try anything to get D+G to look at my case , its well annoying as they seem to be settling so many cases so much easier that this now, soem peeps have only had to sent like one letter - i think we did this at the wrong time, earlier or later would have been good - having said thati think i have seen people that filed about the same time as me that have alreasdy had offers even if they were low ones, Dont worry i'm not giving up now ............:grin:

Cheers for the advoce Bong - i sent through copies of everything to D+G a couple of times yesterday and today. I also phone the court and check they had my AQ, they did, i then asked if HSBC had files theirs and they had not, i asked if i could file for judgement and she said whe would be sending then a 'sanctions order' giving them 7 days to submit else their defence would be struck out - SO come on HSBC / DG be lazy now , you have been through this entire saga plz dont speed up now !

Excellent thread, some good methods there - i think i may try something out of your book ages have passed since i started my quest for righteousness..................... WELL DONE !

Do you think if i just start again and ask for the money again, i will get an offer ? I see people just sending letters in and then a week later getting an offer again they might be low but i am so strapped for cash right now - does anyone have any idea how long it takes the courts to pay in cheques paid to them ? Do they cash it in straight away or wait until the court looks at my case ? Cheers

Ohh congrats, i cant wait till its my turn - Its madness, i had my MCOL entered over 2 weeks before you had even filed but i'm still waiting , must be my bad luck kicking in again ! Oh Well It CANT go on much longer - have a beer on me !