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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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Letter drafted - Declining offer


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Hello all

 

I've drafted a letter for which I intend sending to HSBC... just wondered what people thought ? Does it sound to harsh... hopefully this could help others??

 

 

.......................................

 

DATE

 

 

BANK's ADDRESS

 

 

Dear XXX/XXX

 

 

RE: XXXXXXXXXXXXXXXXXXXXXXX

Thank you for your offer of (XXXX.XX), on (XX/XX/XX) with reference to the full and final settlement of my claim for the total of (XXXX.XX), for accrued bank charges.

 

 

Nevertheless, I have decided to decline your (XXXX.XX) offer and commence with legal proceedings, since as stated within your letter, this is your final offer consequently, due to "failure to agree" court action will commence. Please find enclosed a copy of the particulars for this claim, which will be submitted in due course along with a copy of the schedule of charges for which I’m claiming.

 

 

In the meantime, I trust that you will review your part-payment offer prior to notification from the court, as my claim at that time will include interest pursuant to statute and court costs (under section 69 of the County Courts Act 1984). Only as and when the (XXXX.XX) is paid in full with no conditions attached, will I cease court action against yourselves, HSBC.

 

I am entirely confident that the charges imposed by yourselves, HSBC are unreasonable and have been deemed unlawful by the OFT, a court would agree with this statement.

 

 

Yours faithfully,

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Hello Karne

 

Yes, like the changes... really, really helpful! Thank you loads

 

The LBA letter that I sent doesn't expire whilst the 14th August, however rather than wait til then - thought I would start action.. As they had already stated that it was a final offer. And from reading the other treads, the next letter will be (Sorry your not getting anything) ?

 

Should I wait until 14 or just do it now?, don't see point in waiting... And I want them to know I'm serious

 

Kath x

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Claim is for £2676, offer is £1998... which is quite good..

 

Got another couple of accounts to do as well, one at a time tho.

 

Good point, act reasonably... will do then - just want it now...

 

Yes its my first post ever ! anywhere. Feel like I've I got an on-line buddy now.

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more like a few hundred cos we are all in the same boat lol

HTH (Hope This Helps) RDM2006

 

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OFT did not state that the charges where unlawful , only a court can decide that .

 

You should also say that you are prepared to accept that amount as a partial payment ( rejecting all conditions ) they will then probably withdraw it anyway .But you must prove to the court that you have acted reasonable throughout and court action was the only option left.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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try this.

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 will reject any form of confidentiality clause.

Yours faithfully

Givitus Allback

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

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Try this:

 

Dear xxx,

 

May I remind you that only FULL and UNCONDITIONAL settlement of my claim of £xxx will result in my withdrawing my claim.

 

Until then, my claims proceeds.

 

Yours, etc...

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OK, thanks all... right I'll make those changes.

 

Has anyone lost going to court then, that you know about?:cool: and how long will it take ?

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no-one who has followed the advice from this site has lost a case , from issuing your mcol to money being in your account should be around 1-3 weeks

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