No More Tears 2 ***SETTLED IN FULL***

[weezypoos]

I'm expecting the same letter hedgehog, we seem to be on roughly the same time line. The 14 days from my Prelim are up on Monday and I fully expect some sort of standard reply. Thats why my LBA is already written and ready to be sent first thing Monday!

 

I also got offered an extended overdraft yesterday and a loan to pay off my overdraft and existing loan. I very much doubt they would have offered me this a year ago so why now?? Trying to butter me up I guess, well too late I wont need a loan when they pay me my £3111 in charges back!!

 

Good luck Hedgehog and I'll keep my eye out for your progress!

 

Louise

[weezypoos]

Personally I'm not adding anything in about interest in my LBA and doubt I will if I have a partial offer like you have. They know that they will have to pay the 8% if you file with mcol and will highly likely offer the full amount before this time.

 

How long before you need to file with mcol, do they have a further 14 days?

 

If you want to mention the interest though, leave the first part in but dont mention that you would rather not go as far as court as they may take advantage of this and push you to the limit. If they think for one minute that you dont want to file with mcol then I reckon they could try it on and string this out.

 

Louise

[weezypoos]

Hi Hedgehog, I'm at the same stage as you are now, mcol tomorrow for me. I struggled for hours with this and thankfully S.A.R - (Subject Access Request)... helped me by listing the exact wording she used, hope this helps and thanks Sar...

 

P.s, Dont think her name is subject access request but it comes up automatically! And she is a life saver! Good luck Hedgehog, I shall follow your progress and hopefully we both get a bit fat cheque!

 

The claimant claims the return, by cheque, of money

taken by the defendant in the way of

charges over the last 6 years. The bank's

charges are a diproportionate penalty and

therefore unenforcable as they are contrary

to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair contracts Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. para 8 and

sch.2 1 e. In the event that the charges

are not a penalty then they are nreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges. Total

charges of £xxxx

I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from xx/xx/2000 to xx/xx/2006 of £xxxx

and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 8%. The

total at xx/xx/xx is £xxxxx plus court

fees.

 

 

 

Louise

xx

[weezypoos]

Thanks Magic, I shall look out for you both, its nice to know someone else is at the same stage.

 

Louise

[weezypoos]

Almost exactly the same as you Hedgehog, just filed my mcol for £3808!

[weezypoos]

Deal!!

[weezypoos]

Haven't had an acknowledged claim yet but just received an offer from Colin Langdale for £2000. Promptly replied accepting as partial settlement and told them that I would be persuing the remaining £1808!! Just feels from somehow declining 2 grand from HSBC. Fingers crossed!

[weezypoos]

C**p!!! I think this is usual though Hedgehog isn't it?? I bet I get the same thing too. How many days from when you issue your claim with mcol before you win by default or have to go to court?? On my mcol form it said the court was Northampton, I live near York! Not sure what happens next really, do you know?

 

Have you had an offer yet?

 

Good luck and hopefully they are using scare tactics!!

 

Louise

[weezypoos]

I dont think they know their heads from their behinds at the mo! They must be totally snowed under with claims and LBA's etc.... Do we feel sorry for them??

 

Fingers crossed for you Hedgehog, hopefully this time next week we are all a little richer! Do you know how long HSBC have after the claim was issued to respond or settle before we can win by default?

 

Ever hopeful

 

Louise

[weezypoos]

Thanks Angela, I have had a look on the mcol website and it says my claim is "acknowledged" but it also says that they now have 28 days to respond??? Someone else confirmed 14 days though the same as you.

[weezypoos]

DOH, not happy, now I have to send a break down of charges to D & G solicitors...Wheezy did you send them that or did they just pay you up?

 

I sent a schedule of charges with my LBA and prelim but they didnt request one again. It all went really quickly to be honest.

[weezypoos]

Hi Hedgehog, Wardy and I were wondering whats happended with D G? Have you had anything back since you sent the breakdown of charges or are you holding out on the bevvies???

 

Louise

[weezypoos]

Well done Hedgehog!!! One down, one to go! Go get em!!!

 

I received full payment yesterday although not in cheque as requested. Received a letter from D G Solicitors telling me that the money would be paid into my account and a letter from HSBC saying the money was in my account. I requested a cheque but as I have probably been dipping into the settlement money for the last few days I dont think I can demand they take it back now. Can I?

 

Anyhow, you and Wardy are owed a beer or two!

 

Louise

[weezypoos]

Way to go Hedgehog thats great news, just need Wardy now and its a treble!!!

 

Hope you have lots of nice things planned to spend it on!

 

Louise

[weezypoos]

Good things come in three's, or is that small packages??