Mandy27 v HSBC **WON**

[jowalshy]

Thanks Livelylad, I thought that I was going mad for a second when I couldn't find it. .

[freakyleaky]

Well threr you go mandy. If there is no link then you will have to leave it out. I will ask yoshi where he got his copy from.

[Mandy27]

Thanks, will leave it out for now but would be great to be able to get hold of a copy as I have referred to it in my court bundle. If I can't get a copy do I have to take the reference to it out?

 

Also, how do I calculate the daily rate of interest until the claim is settled? I remember seeing a link to this somewhere but can't for the life of me find it now. This is for the section in my statement of claim which says:

 

29. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges and debit interest in the sum of £xxxxxxx;

 

b) Court costs in the sum of £xxxx;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from xxxxxxx to xxxxxxx of £xxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx.

Its the daily rate in red I want to get right.

Thanks

Mandy

[freakyleaky]

This one is for Pinkdutchess! She will be here in a mo.

[pinkduchess]

total charges (incl overdraft interest if claimed) but not including the 8% interest x 0.00022

 

example

 

1500 charges

380 overdraft interest

 

1880 x 0.00022 = 0.41 daily

 

[Mandy27]

Thank you pinkdutchess!

 

Found this link to the Nicole Rich report by searching on msn. Thought it might be of use to others. http://www.consumeraction.org.au/downloads/DL56.pdf

 

Ta

 

Mandy

[freakyleaky]

Brilliant! Good work mandy!

[Mandy27]

Oki doke peeps! Everything is pretty much ready to go, court bundle all bundled together, all pages numbered, contents page etc etc. Covering letters prepared and ready to send. Do I need to sign the Statement of Evidence at the bottom?

 

Bit of a duh question, I expect the answer will be yes but just want to check, don't want to get anything wrong.

 

Also will it be ok to hand my bundle into the court, it is literally 2 mins from my office so was planning on popping in with it on my lunch break.

 

Will let you know how I get on, its due in on 16th so presumably so is HSBC's, doubt I'll get anything, then I guess I'll be back on here saying what happens next?

 

Thanks

 

Mandy

[lateralus]

go ahead and send dg's (recorded delivery) - so that hopefully they will go ahead and make an offer before the 16th and yes you can walk the court bundle to the court and yes, sign the statement

[Mandy27]

Might be a little premature but just want to know what happens next.

 

I hand delivered my court bundle to the court on Weds and posted a copy to D&G recorded next day delivery. Bundle due date is tomorrow and court date is 30th.

 

I haven't yet received anything from D&G in the form of their court bundle or an offer. If I don't receive anything tomorrow (the deadline) what happens next? Have HSBC defaulted by not submitting the court bundle in time to the court/me, is that it over?

 

Any help/advice appreciated.

 

Thanks

 

Mandy

[freakyleaky]

The next thing that normally happens is you will get an offer from dg. There has been a postal strike recently so may be delayed.

You can phone the court a couple of days after the due date and ask if dg have sent their bundle, if not (and that is what will hapen) give dg a ring or email or fax or all three and tell them you are dissapointed they have not complied to the judges directions and you look forward to seeing them in court! You won't end up in court though! They will pay out before then!

You have done all the hard work now and you just have to wait for your paycheque!

[lateralus]

and ringing the court a couple of days after should start the ball rolling as it points out to the court that dg haven't complied - just say - ever so innocently - so, what happens next?

i predict an offer from dg in the post tomorrow or tuesday.

[Mandy27]

Hello chaps - quick update.

 

Phoned the court on weds 18th (court bundles due on 16th) to see if HSBC had submitted a bundle, nope nothing. I asked what that meant for my case and was told by the court office that it may just mean they had no supporting documentation for their defence so would have to wait and see what happens at court date on 30th.

 

Still no offer from D&G so I'm getting a little nervous now.

 

Well, if I end up in court on Monday and HSBC/D&G don't turn up, being nearly 8 months pregnant and on crutches maybe the judge will take pitty on me and throw the book at the bastards!

[lateralus]

think that might shake them up - i'd send a quick note tomorrow - saying I have sent you a copy of my court bundle - i have not received yours - i'll see you in court on monday - i'll be the eight-month pregnant woman on crutches. should you like to contact me before then - my contact number is: xxxxxxx...

 

honestly - send it - bet you get your offer by saturday a.m.

[Castlebest]

Bet lattie is a dab hand at makeup too

 

pete

[lateralus]

i just love that image - corporate lawyers lined up against the lady with the bulging tummy and on crutches!!!! i know who gets my vote -

maybe throw in a few contractions while you are at it!! they won't be able to get you out of there fast enough! just say things like "could i please have a glass of water" and " i hope the baby waits another few hours", or "i hope my water's don't break!" and my all time favourite "i think i can feel the baby's head!"

[Mandy27]

Copy of my email sent to Kate Eaves this morning, will let you know what if anything is the response.

 

Dear Ms Eaves

 

I am extremely disappointed not to have received a single response to any of my letters regarding the above claim. Not wholly conducive to good customer service in my personal opinion.

 

Additionally, I have sent you a copy of my court bundle and have not received one from you, I understand from the court office that they have also not received your bundle.

 

I can only assume therefore that you have nothing to submit in terms of evidence for your defence of this case.

 

I look forward to meeting you or another HSBC representative in court on Monday 30th July at 2pm.

 

For your information, I will be the lady who is 8 months pregnant and currently on crutches.

 

Should you wish to contact me before Monday, my telephone numbers are *************.

 

Kind regards

[lateralus]

if that doesn't move em - nothing will!

stand by the phone

[Mandy27]

Well - no phone call but I have received a response by email as follows:

 

Dear Miss Kenny,

 

We refer to your earlier email in relation to the above claim.

 

Please find attached a copy of our letter to you dated 24th July 2007, the

contents of which we trust are self-explanatory.

 

(See attached file: Kenny-24Jul07.pdf)

 

We look forward to hearing from you in due course.

 

Regards,

DG Solicitors

 

The letter has made me an offer only a couple of pounds under what I was asking for £318.16 rather than £325, they've taken off the debit interest and there's a load of speil about how they don't understand why I've claimed it etc etc.

 

They have asked me to sign the letter as acceptance and that this would be on the basis that I make no further claims and that it remains confidential. I'm want to accept but not on those terms, how do I do this?

 

I would copy and paste the text but its in adobe and for some reason won't let me. If anyone can explain how I can attach it to a post I will do but thats the gist of it.

 

Also, once we've settled do I just phone the court and let them know?

[lateralus]

don't worry about that - send your own acceptance letter --

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

 

 

 

 

 

 

 

 

 

LETTER TO COURT WHEN SETTLED when you have your money and not before

 

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

 

Notice of Discontinuance

 

 

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

 

Yours faithfully

once you've sent the acceptance - ring the court - tell them you have accepted an offer and will notify them to halt the claim once the money has arrived but ask for a stay or delay for the court date - if they won't - email dg and tell them it has to be in your account for you you to cancel - they have time to do that in the next day or two.

well done - nearly there!

[Mandy27]

Thanks Lateralus

 

I'm going to send my response by email and by post so fingers crossed they'll get a cheque out to me asap as the account is now closed.

 

I've left the bit about future charges in but amended it slightly to reflect the fact that the account is closed (its a joint account with my partner)but reserving the right to make future claims in respect of any another account still held in either mine or my partners name.

[Castlebest]

Mandy.....

 

YOU WINNER !!!

 

well done

 

pete

[Mandy27]

Hello peeps!

 

Well got my money today so have contacted the court. Looks like I got in there just in time after having just seen the news headlines about the FSA case against the banks.

 

Thanks everyone for your help, it was hard work getting the court bundle together etc but worth it in the end. I'll be sending a donation. How do I get someone to put *******WON******* againsts this thread?

[freakyleaky]

congratulations you winner!

 

just click on this and ask for a won on your thread title!

[Bookworm]