Weezypoos v HSBC / WON

[weezypoos]

I think the £12 clearance fee seems like a good option. I've not sorted any payment details out yet. Do you think I could just add a line on my acceptance letter stating that I will accept payment by cheque only or I continue with mcol?

[pcr1]

A cautionary note: the £12 fee is for "special presentation" and does not clear the cheque any quicker. They simply present the cheque direct to the paying branch and ask if they're going to pay it, and can then advise you if they are.

 

I found this out the hard way!!!

 

In practice, though, most banks will clear it slightly quicker. By about a day.

[MARTIN3030]

I have done a special presentation (as its called) lots of times.

You can call your bank after 3.00pm next day and ask them to call the other people for an answer 9/10 times its a yes.

Of course if you just leave it with them it takes longer.

[sar011279]

Hi Weezy,

You can ask for a cheque, I would write a seperate letter to them saying that you'll accept but require a cheque. Bear in mind though that they will probably say no (they argue that the charges came from that account so they have to go back into the account). That's waht's happened with mine, they've offered a full refund on 26th July which I said I would accept in a cheque form and they STILL haven't agreed. I'm still waiting patiently for an outcome! ... they've only got 10 days until I win by default!

Sorry to put a dampener on things but I think if you want a cheque you're not done yet.

[weezypoos]

Please can a mod change my thread title to Weezypoos v HSBC **WON**

xx

 

Thank you!

[weezypoos]

Can anyone please offer some advice?

 

I have had a full offer from D G Solicitors, yipee! BUT, I have requested that they pay me by cheque only and not credit the money into my bank account. If they refuse to pay me by cheque within the 14 days do I win by default? Confused.

 

Louise

[MARTIN3030]

If they do not meet your requests then effectively they have not settled the claim.

You should put it in writing to beth the defendant and the court that a condition of the settlement must be that a payment to you is made by cheque.

 

[weezypoos]

Thanks Martin

 

In both my Prelim and LBA letters to the bank it did state that I required payment by cheque and I stated in my particulars of claim with mcol this also so both should be aware of it. Do I have 14 days from the date the papers were deemed served to win by default or 14 days from when HSBC acknowledged the claim.

 

Sorry to sound a little slow but it is Monday after all!!

 

Louise

[kurjam]

I HAVE HAD A CLAIM ACCEPTED BY HSBC AND THEY HAVE 7 DAYS FROM LAST THURSDAY TO SEND PAYMENT, BUT I WANT A CHEQUE AS I NO LONGER HAVE A HSBC ACCOUNT, DOES THIS MEAN I MIGHT NOT GET THE MONEY THEY SAID I COULD HAVE?? THANKS FOR ANY HELP

[pcr1]

In both my Prelim and LBA letters to the bank it did state that I required payment by cheque and I stated in my particulars of claim with mcol this also so both should be aware of it. Do I have 14 days from the date the papers were deemed served to win by default or 14 days from when HSBC acknowledged the claim.

 

28 days from date of service once it's been acknowledged.

[markd]

Kurjam,

Write to HSBC/DG or whoever sent you the offer letter, and just tell them that as you no longer have an account you require the payment to be made by cheque to yourself! Well done on getting your money!

[kurjam]

When I Signed The Letter Last Week I Wrote On The Bottom I Require A Cheque As I Have No Account, So Should I Get The Money This Thursday Because I Wrote That On It As That Will Be 7 Days (what Is 28days From First Day Of Service?)

[MARTIN3030]

28 days is the time they have from rec the summons.

 

 

[MARTIN3030]

Thanks Martin

 

In both my Prelim and LBA letters to the bank it did state that I required payment by cheque and I stated in my particulars of claim with mcol this also so both should be aware of it. Do I have 14 days from the date the papers were deemed served to win by default or 14 days from when HSBC acknowledged the claim.

 

Sorry to sound a little slow but it is Monday after all!!

 

Louise

 

In this case it is very clear that you have made clear your request.

 

It would be very difficult then for the defendant to argue that they were not made aware of this.

Hence It looks like they will have to comply.

[weezypoos]

Thanks for all the help guys, much appreciated.

[weezypoos]

As clear as my request was to Moneyclaim, DG and HSBC the plonkers have still paid the money into my account rather than send a cheque!!! Great news as I have the money but was overdrawn so have lost part of it in paying that back. It needed paying anyhow but its more the principle of the thing. I have no idea how long the money has been in my account but have probably been dipping into it unknowingly for the last couple of days. Really want to be awkward and tell them I shall carry on with mcol unless they reclaim the money already paid and issue a cheque. They will probably charge me for going over my overdraft again when reclaiming the settlement amount.

 

Anyhow, still good news, I WON and they had to pay up. May transfer it into my ISA so they can pay be interest on top too!

 

Many thanks to all and keep up the great work, donation winging its way to CAG

 

Louise

[wardyboy2]

CONGRATULATIONS! I hope I get mine soon!

[markd]

Congrats on getting your money Weezy!!

 

Slightly worrying though that even though you repeatedly asked for a cheque, they still paid it into your account. Do we know of anyone who has an account, but asked for a cheque, and received a cheque?

Is this their cunning way of giving you the money and then taking it back through the overdraft?

[weezypoos]

Exactly what I thought Mark. If they take the money back from my account now I will be overdrawn again, hence more charges. I figure that they hope if the money is paid into peoples accounts accidentally on purpose then we will settle for it! I dont really have much of a choice now though!

 

I have not seen any thread yet where people have got a cheque other than when they no longer have an account with HSBC.

 

Thanks though guys and I hope you are all paid in full v soon!

 

Louise

[Hedgehog]

Congrats Weezy!

I just got another letter! no offer, no money, just more junk mail!

[kurjam]

do you send a claim for credit card refund to canada square as well?? thank you

[kurjam]

i just got my mail to, no letter and still no cheque (coming via snail mail i think) ha ha

[MARTIN3030]

do you send a claim for credit card refund to canada square as well?? thank you

 

Yes this is their registered office so would do

[weezypoos]

Where are you at with your claim Martin? I notice that mcol was acknowledged 08/08, have you heard anything from them yet?

[MARTIN3030]

Nope they acknowledged on 4th (this is RBS ) so I am assuming they will follow their pattern to throw in a defence on day 28 which is 4th Sept I think.

 

My other is Barclays ......those other stallers of the highest degree who ack on 14th and have until 8th to file.