update, i have been busy
recieved from hsbc for original offer except court fees on the 9th january. was concerned as what to do so I called the bank, spoke to Mr Pretty who said they would pay all my court fees plus the original sum. he suggested i made a note of this on the acceptance form. I decided that i would accept this offer once my court fees was paid . I sent off the letter that same day. IN the letter suggested allow 7 days for account to be credited. these seven days would be up on thursday . additionally I withdraw my N244 as i accepted hsbc offer. Did I do the right thing? advise please??? considering everything in this post.
in the mean time i have received a notice that acknowledgement of service has been filed dated the 10.1.07. this states that the defendant has 28 days from the date of service of the claim form to file a defence.
i have written a letter to HSBC lawyers which i have included.
please advised me accordingly about this letter. I am due to send this today. thanks
12 Calthorpe Road
Dear Deborah D'Aubney,
Re: account number xxxxxxxxxxxxxxxxx
Claim number xxxxxxxxxxxxx
I accepted the Banks offer of £1398.00 on the 9/01/07 the letter, was sent off to me on the 8/01/07. However I spoke to a Mr Allan Pretty that same day and requested that my court fees also be refunded to me which is £120.00. Mr Pretty acknowledged my request and suggested I add it on to the part that I have signed which I did. I also added that I accept this offer unconditionally expecting the payment of my court fees to be paid. Additionally the paper work suggested I allow 7 working days which should be up by the Thursday 18th or Friday 19th of January 2007.
HSBC may be processing another charge to my account of prior to 17 Jan, since my claim was filed with the court. I am of course anticipating that your client will settle my claim, in the same way that it has settled all claims of this nature; therefore please obtain your client's instructions to include any further charge within the settlement figure. This will save your client additional costs and a court fee of £30, if I have to raise a separate action for the recovery of any charge.
If this money is not deposited in my account by this time, I will continue to pursue the claim in court for full amount stated, plus any further charges and interest and cost, without further notice. Since not sticking to your 7 working days will constitute you not keeping your word. I hope that this will not be necessary and look forward to resolving this with you.
I enclose a schedule of charges which includes 8% interest which I would be claiming for if my court fees are not added on.