Sarahp Vs "The Sharks"

[Sarahp]

Well it seems I have been lurking for far too long and it is time for my own thread.

I have found everyones threads to be very helpful - Thanks guys !

I have had no response to my prelim nor my LBA from HSBC as yet but they only received the last letter yesterday some 4 days after posting (Cheers Royal Mail) Ironically, I couldve done it in ten minutes being situated rather close to the Leeds address everyone is sending letters to.

( mmm so why have I addressed all my letters to London? - DUH!)

 

As there seems to be no pattern to how HSBC respond to people and when they make their offers, I am rather hoping I don't get to the point of filing a claim. The form itself seems allright but I am entitled (wftc) to no court charges., however the form I need to fill out for that (taken from one of the posts on "how to" on here) seems very complicated and I seem to think you won't be able to do it online. There also seems little point in claiming as when I "WIN", it will be paid back to me (?) and I can afford to lay the initial cost out so no harm.

It is very much the waiting game now **tapping of feet** **drumming of fingers** but it is very frustrating seeing that people are getting paid out after one letter (obviously it is good, but frustrating to me) and then others have to wait till they claim in small claims, its the not knowing when. I am getting very patient tho, no fear. lol

Will keep everyone updated as and when I progress.

Sarah

 

10th July 06 PRELIM No Response

26th July 06 LBA Rec'd by HSBC 31st..........No Response

14th August Filed at court in person - no fees due to WTC.

22nd August Court cocked up and handed back incorrect paperwork, reissued.

25th August Claim served.

30th August Claim defended.

19th September Part payment offered by DG £907.88 on a claim of £1032.53

[barney2002]

Hi Sarah, are you claiming for a large amount?. If so then at least if it gets as far as claiming through the court you may have a tidy interest amount to claim as well - is that not worth a little bit more paperwork??

 

People who are claiming small amounts seem to be getting paid out faster - but you never know, I think it's a bit of a lottery due to so many cliams they have going through.

 

Whatever happens - Good luck!!!

[Sarahp]

No Barney it's not a lot really but not to be sniffed at. I am claiming £750 but that was for just one year as I closed my account with HSBC in 2001 - shame really that you can only claim 6 years (so says everyone eh?) as I have been a VERY good girl since 01 (bah!) and have never been overdrawn with my current bank. You are right of course, any amount is worth that little bit extra paperwork, after all it is only the sending out of a letter when all said and done, but as I tell my hubby, I want it and want it now! (we are talking material things here too - don't get over excited!) Lol

Thanks for the well wishes, I have followed your post and you seem to have gone all the way......not long now eh?

Sarah

[barney2002]

Sarah, have you seen this thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/19650-paid-up-almost.html .

 

Sometimes it can be quick like this - fingers crossed!!!

[rdm2006]

Hi Sarah i have filled in this form (being on WM & FTC) no problems - it looks more difficult than it really is.

 

Just take a deep breath and go for it - The form, that is LOL

[Sarahp]

I have a question RDM????

Regarding the exemption form. It asks for proof on in the form and says it lists what proof on page 6 but the link on here doesnt have this page only the 2 pages of the form. I presume it will be the award notice which I have. Where can I find this full claim form and do I need to send this in via the postal system? If so, where does it get sent and how far in advance to the HSBC 14 days deadline do I send it? Mmmmm that was more than one question me thinks. Thanks in advance.

Sarah

[Sarahp]

Update:

HSBC received the LBA 31st August. No response so I am making a trip to Leeds Courts this afternoon with my 3 kids in tow (mmmm) to file a claim. I have no debit or credit cards (cash girl me) so cannot do it online and receive WFTC anyway so dont have to pay anything so have to visit the court to file the claim. I go away 25th so hopefully I will have cheque in hand before I go although somehow doubt it will be so quick.

Sarah P

[angela1606]

hi sarah good luck i done mine this morn as well so we on same track

[Sarahp]

Yes Angela, I have found it very interesting as to how eratic they are at who they issue replies to and who don't hear from them at all. I am not claiming that much and havent heard a thing at all. Strange !

Let's see how it goes for both of us. I'm hoping I hear something from them before I go away on the 25th as I forgot (oops!) to mention this fact on my claim. It was a well nice feeling once I had filed the claim.

Sarah P

[angela1606]

yes it was a v nice feeling i have had smile on face all day

[Sarahp]

Well after a slightly worrying hour this morning I have been chuckling away to my little self all afternoon. Let me explain........

I have been with a debt management agency who on my behalf are negotiating with my creditors for a full and final settlement as we received some money to pay them all off. Obviously my HSBC debt is now with Metropolitan Collection Agency and from the £3095.00 debt my agency offerd them £1700 last week which Metropolitan refused and it was in the situation this morning where my agency had sent them a reconsideration letter. I opened the post this morning to a standard letter from HSBC saying they dont think they have been unlawful (you know the one by now) and telling me to bugger off and then the next peice of post I opened was a letter from DG Solicitors (imagine how excited I got lol) telling me they were taking me to court within 7 days if I didn't pay up the full amount ! Now call me niave but I would never have guessed (DUH!) they would associate a debt that is with Metropolitan and had been paid frequently albeit small amounts until we had gone into negotiation to settle and the fact that I closed my account with them in 01 and this claim ! Ok I am niave (sp). Anyway sheer coincidence I have heard diddly squat in the whole process till court issue and now two letters on same day ???? Me thinks not !! Anyway the reason I have been chuckling (never do get straight to the point I'm afraid - and there is a point !) is I rang Metropolitan and got them to lower the figure in settlement and granted it wasnt as low as the agency was hopeing (unrealisticly may I add) to get but it was better than the £3095 DG Solicitors were insisting on. They have faxed the agency and will be paid in the next 7 days now and then they will pay me my cheque. But the moral of all this is by the time they pay me what they owe then I will have all in all have paid them the figure my agency asked for in the first place for my debt which they refused point blank. Which is a pretty decent and low settlement. Plus they will have had to pay their solicitors for the priviledge. Do they not have any decent business advisors in their grasp ?? Talk about duh.

Tee heee heeeee Still chuckling now :D

Sarah xx

[Sarahp]

That gloating feeling was short lilved I'll tell ya ! Ive made a boo boo. Does anyone know if once you have issued a claim (ie two days ago) can you alter the amount claimed for? I would presume it hasnt even been sent to HSBC yet. I have mis calculated the 8% interest and merely added it onto the full amount and diddled myself out of a couple of hundred quid. Advice anyone ????

nb I didnt pay for my claim so it would be easy to cancel it and re-issue - is this possible ??

Sarah xx

[gollum237]

Sarahp,

didn't someone on an earlier thread (maybe a different forum section) ring MCOL and they changed the claim over the phone. They were apparently very helpful.

[Sarahp]

Thanks for that - I will contact the Leeds County Court tomorrow as I did it through going down to the court in person. Hopefully I can alter it over the phone otherwise I will re - issue it from scratch.

Sarah......smiling again

[Sarahp]

Just to update - problem sorted. Hubby been to alter forms not yet issued as the daft lady who originally took the forms gave back the exemption forms in error. Also put on a note that we will be on holiday and the dates so that also covered. Just sit and wait now! Claim now at £1032.

Sarah xx

[winnie123]

Hi Sarah

 

I

[winnie123]

Hi Sarah

 

I too have a overdraft which was with HSBC which I am paying off by MCS slightly

[winnie123]

Hi Sarah

 

I too have a overdraft which was with HSBC which I am paying off by MCS slightly concerned that I too will receive a letter threatening court action as don't have £1500 my claim is to pay off a family debt

[winnie123]

ahhhh what happended with my post !!!!!!!!!!!!!

[Sarahp]

Hi

Just to update again:

Courts Issued22nd August - deemed served 26th. Whilst I was away in sunny climes HSBC acknowladged service 30th August which gives them 28 days from date of service on claim form to issue particulars or file a defence.

Not heard anything from solicitors and they only have 10 days left (if I have worked it out correctly)

I have now paid them the monies I owe so awaiting that juicy cheque now! I must be only abut a week away surely?

Sarah

[Sarahp]

Sorry how rude of me.....Winnie, have you heard anything with regards to your debt. I know you were worried about having a threatening letter too. Its like the others have said on the other threads similar tho, you can't pay them what you havent got can you? It would just go to court and be set up as installements as you are already doing now surely? You'd probably be no more worse off if they do demand monies. The only reason I paid mine off is because I was lready in the process of paying my debts off anyway otherwise I wouldve told them to go s***e too.

Sarah

[winnie123]

Hi Sarahp

 

Nope nothing heard from either HSBC or MCS. Sending our LBA letters tommorow. Hope the 10 days goes quick for you and the money comes soon

[Sarahp]

Oooo-er still not heard anything so am now cacking myself as to will I be "the one" they choose to make a test case out of. Have read and re read the details in the sticky and don't think I could cope with all the extra things I would have to do. Gulp! Heres hoping like everyone else it isnt me.

Sarah xx

[Sarahp]

Lots swimming round in my ickle brain this morning.

HSBC have until 22nd after defending their claim. They have sent me a letter this morning of the usual mindful of time etc etc blah blah and have offered me £907.88 on a claim of £1032.53. Now bearing in mind I didn't pay any court costs anyway there is £100 appx short. Here is my dilema......

***If I accept as part payment I know there is approx a week left till I recieve the full amount however could it still be passed onto the Mercantile court with more hassle and more time (not desperate for the cash but would be nice) ? Do they let you know it has been passed on and can it be done at any point of the claim?

***If I accept as part payment will they then request a breakdown (which incidently was issued with the claim form as I went to the court personally but whether or not it was passed on is another thing though) and look into it further? I just wrote down all my charges and a couple were refunded and I didnt take that into account (naughty) so will they realise this and I will end up with around this amount anyway?

Anyone know how it works at this stage? Do they ask for a breakdown after an acceptance of part offer or would it have been requested before this was issued?

Opinions please.

Thanks in advance

Sarah

N.B I would be glad to accept as partial payment and pursue the whole amount as they wouldnt negotiate very well when I offered to pay them their debt a few weeks ago. Mmmmm shoe on the other foot now?? yay !

[Sarahp]

Rats, knew there was another question. Am I right in saying if they havent settled by 22nd (28 days from claim as they are defending whole claim) or issued their defence that I can issue a judgement? What are they playing at sending letters of partial payment at this late stage? Particularly as it was without prejudice. Dont like the idea but did consider ringing them about this fact. What do you think?