owdoo
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Everything posted by owdoo
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ALso do i need to put the bit in aboout not agreeing any confidetiality clause? HAs anyone bee given more money this way?
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CHeers freaky may be stupid question but do I enclose the signed part of the form with my acceptance letter?
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Bugger it I am accepting!! It is no point haggling over £164
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OK so I got an offer from the solicitor’s wasn’t exactly what I was after but it is still a large amount they say they cannot refund the overdraft interest that I have put with my claim as this is interest paid on borrowing money? Apparently my schedule has been checked and revealed some discrepancies, but they are still willing to offer me £1891.05 (Original claim is £2055.53) Apparently this includes court costs and the like; it is getting really complicated now. Shall I just accept or wait for the judge apparently they haven’t filed their AQ so he would give them 5 days to do so every time i ring he court they say they are behind with thing and it should arrive back from the judge soon who will give a court hearing or strike out their defense. Was I right to claim the interest on my overdraft? Shall I Wait? Don't know what to do?
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OH DEAR LORD AM I THE ONLY ONE GETTING NOWHERE FAST!!! I started this in November and I am still awaiting for information on my claim from the courts. To elaborate. I filed my claim through MCOL, then HSBC Filed a defence (Pretty usual) then I got a letter from the court asking me to fill in my allocation questionnaire and a letter from DG Solicitors asking me to send them a breakdown of charges!! Both of which I did, the day after (Begingin of March) The letter stated that the defence had until 27th of March to complete their AQ, I ring the court at least twice a week and still they say they are awaiting it to be sent to the judge, but they have told me that no AQ has been sent by the defendant so the judge will either give them 5 days to submit one or throw it out, if it goes to court I will not get a date until AUGUST!!!!!! I have never spoke to DG solicitors as I fear it may damage my case, or at least prompt them to send in the AQ Questionnaire which they may have forgotten to do? Please help!! Has any one else had these problems?
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cheers netty I have left the courts number at home but will call them first thingtomorrow, blimey this is taking forever!!
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Ok back again, letters sent over a week ago now one to courts with cheque enclosed and one with breakdown of charges to DS Solcitors both recorded delivery...... nothing back as yet is there a time limit on them replyling?
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Cheers people you are all stars! may be a stupid question and please forgive my lack of confidence but will I have to go to court?
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Ok serious stuff now, got the pack through from the court and filled in the questionnaire along with another £100 in court fees!!!!! (Really need for this to work or I am going to be mega skint!) Also got a from DG solicitors requesting the breakdown of charges of which I have also just sent!! Does everyone get to this stage!?? I know I keep asking and sound impatient but any idea how long it takes from this point? Depending on if I win!!!!
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aaaagh !! his was on my mcol form 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. does this mean they have submitted defence? should I be worried?
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I will try both cheers netty your a star!
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AFter re looking at my sums it is now 30 days and nothing? After looking on my claim through MCOL it states that the HSBC intend to defend the full amount owed!! I am a bit at a loss do i just wait now? and for how long? ANy advice is greatly appreciated!
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Ok by my calculations HSBC have untill Thursday to supply the defence through MCOL. They have akowledged the claim and are defending it but no sign of anything yet, what happens after thursday? Should I contact the solicitor? or just wait or enter judgment online?
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Ok got a letter back from the courts acknowloging my claim all fine. Got one back yesterday "A NOTICE THAT ACKNOWLEDGMENT OF SERICE HAS BEEN FILED" A tick in the box stating that they intend to defend all of this claim!!! How can they defend? Is this normal? I am starting to worry!!!:o
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Aaaagh I am going throug MCOL and have replied wth the following but it is apparently more than 24 lines over what I am allowed what can I take out to shorten it? The Claimant had a contract with the Defendant 2xxxxxxx from September 2001 which was conducted on their standard terms and conditions. The Claimant claims the return of £1853.82 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999, Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has been asked to justify the charges but they have declined to do so. The Claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 24/09/01 to 24/11/06 of £190.71 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.37
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Thanks for that Hannah, Feel a little better! Right I am about to start MCOL I have filled in all the details and am due to process does anyone have any idea how long it takes fom this point?
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Ok got the followinf back from the bank this morning...... Dear Mr xxxx REF: xxxxxxx x x x xxx Thank you for your letter dated 8th january I can confirm that the bans position has been clearly stated in our letter dated 2nd january 2007. This lette constitutes our final response with regard to this matter and advised that should you remain unsatisfied, you have the option to refer to the financial Ombudsman Service as detailed in the leaflet provided. Your sincerely starting to worry a bit should I have accepted the offer? do I now proceed to court?
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Cheers lads I am sending out the following. Dear Mr. Langdale Thank you for your letter dated 02/01/07 I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account. Furthermore after more investigation into my recent bank statements the charges have now risen to £1853.82 levied by the Bank in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. I enclose an amended schedule of charges to reflect these additional charges Therefore the final amount due is £1853.82 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I require repayment in full of this money; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice. I trust this clarifies my position. Yours faithfully
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Thanks Lateralus I have tweaked the letter as i am now claiming for mre than origionally stated along with the calculated interest is this ok to do so or are we only aloud to claim interest once we get the MCOL stage, please advise. xxxxxx xx xx xxxxx 08/01/2007 HSBC Service Quality Team xxxxxx xxxx xxx xxxxxxxx Ref: CIN: xxxxxxxxxx Account number xxxxxxxSort Code xxxxxxxx Response to settlement offer. Dear Mr. xxxxxx Thank you for your letter dated 02/01/07 I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £1665.40. Furthermore after more investigation into recent statements the charges have now risen to £1853.82 levied by the Bank in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. I also intend to claim interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 24/09/01 to 24/11/06 of £190.71 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.37 Therefore the final amount due is £2,044.53 I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I require repayment in full of this money; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice. I trust this clarifies my position. Yours faithfully Name
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reply saying that i want the full amount and am prepared to go tocourt to get it so to avoid legal fees pay up! or something to that effect?
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OK they were true to their word and i got a letter this morning offering me £1355 against my origional claim of £1428 + £237 interest, however since this time i have recalculated including the interest and started the proces o my claim through MCOL although I have not as yet processesed it as i dont have the £125 for the court fee at this time. I am tempted to respond to HSBC's letter is this wise?
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aaaagh I have just opened a letter dated today explaining HSBC will ge back to me regarding my claim by Jan 10th 2007, shall i hold off on my mcol application?
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OK MCOL sorted just need t pay the £120 court fees is this right as i tought they were supposed only be £30
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Hi people hope you all had a good Christmas! I am in the process of going through my claim on-line and I am on the page where i enter my particulars of the claim, are there any templates for this on the site, also since i wrote my first letter I have once again been charged can I/should I claim for this? and if so shall i put this in the courts claiming subject?
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