offered part payment

[jimpick]

Today I recieved a reply from HSBC offering me £1900 in full and final payment for charges of £4500. They have enclosed a form for me to sign saying I will accept this as final payment.Do I accept the payment, saying that I accept this as part payment and wait for the remaining money to be offered and not sign the form, or decline the payment and carry on with the full claim. Jim

[angela1606]

accept the payment, saying that I accept this as part payment and wait for the remaining money to be offered and not sign the form,

 

what you said hehe

[rdm2006]

try some thing along the lines of

 

Dear Mr Banker

Please find enclosed your letter of offer, returned unsigned.

I will accept this offer as the first instalment toward my total claim of £X,XXX.XX, however, my claim will continue as stated in my previous letters until the remaining amount of £X,XXX.XX is paid in full.

Please also note that I reject any form of confidentiality clause.

Yours faithfully

Givitus Allback

[jimpick]

I have sent HSBC the letter before action letter and recieved no reply. What is my next step, I work away from home so can I register my claim at any court or does it have to be in my home town. I have bought the small claims package from this site, which form do I fill in to take to the court. Jim

[Kazzy77]

you can use MCOL (money claim online) and the link is:

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

just register and do it from there. dont worry about them not answering you...they cant ignore you after you file

 

just for your quickness, try this for the POC (particulars of claim) section:

 

Claimant has account ******** with Defendant from DATE conducted on their standard terms and conditions. Claimant is claiming the return of £xxxxx taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (DATE OF FIRST CHARGE) to (DATE CLAIM SUBMITTED) of £xxxx

you will have to pay the court costs but thats fine if you have it to spare at the mo cos you get that back when they cough up the settlement

good luck x

[jimpick]

many thanks for all your help I have started the online claim and will let you know what happens. Jim

[jimpick]

I Have Just Lodged A Claim On The Moneyclaim Site And Have Recieved A Reply Stating That Dg Are Intending "to Defend All Of This Claim". Any Idea What Their Next Step Will Be.jim

[lateralus]

yes, just like loads of other claims - this is normal - it's listed in the step by steps - step 7, i think. they now have 28 days from the date the claim was served - which is 5 days after you filed it. you should, upon receipt of your acknowledgment from the court - send your breakdown with a cover note to the court (3 copies) and also send a copy to dg solicitors - the info for them can be found on pg 2 of the ackn. where they ticked intend to defend. you may not hear from them right through the 28 days or you may get lucky and hear sooner. read other threads and you'll get a feel for how other claims are going - there are many at the same place as you. good luck. keep us posted.

 

also, it is easier for us to find you - if you just ask questions on your own thread, this one if fine. multiple posts just add to the chaos.

[jimpick]

thanks for the advice will be sending the paperwork out tomorrow.will let you know the outcome