New to this

[plonker]

I'm a couple of days behind you , Just give them time they'll send you an offer even if you have to fill in the questionaire , they will no doubt send you a offer. Just sit back and wait

[HSBCrusher]

Still panicking and still have not heard anything from DG. Also I have noticed that HSBC seem to be filing their defence and therefore more people seem to be getting to the Allocation Questionnaire stage. Does anyone think that HSBC are preparing to defend in Court? Am I just being over anxious - answers of a postcard...................

 

Max1:smile:

I think you should be OK, try not to worry too much...

[lateralus]

fay, how's it going? dg been in touch to ask for a breakdown of your charges yet? just wondering how you are doing. you filed on the 11th, so it's deemed served on the 16th - to put a circle around the day 28 days from the 16th. if the pattern continues - you should be hearing from dg this week. don't think a lot more are making to the aq, just a matter of dg leaving every claim as long as possible to respond and move it along. good luck.

[Max1]

Thanks for the words of comfort. The waiting game is difficult and even worse as I leave for work before the postman arrives. Everything is ready to send them and fingers crossed we get the money before Christmas. Having seen the news at the weekend the banks having even bigger things to worry about with not bothering to shred peoples statements, leaving details of their bank account numbers etc....... A nice big fat fine from OFT I think.

 

Max1

[Jaynekul]

I think the 6 years relates to the Limitation Act rather than for any other reason but that is MHO. You have 6 years from the date the money was paid etc in which to bring a claim above and beyond this you have to prove there should be discretion exercised in your favour as there would be no prejudice to the defendants. I cant see that it relates to the accoutn being opened beyond 6 years ago. Could be wrong though?

[hannah1980]

Hi,

 

I am also issuing my MCOL today, and want to check the bit about where I reserve my right to claim interest, do I say yes or no?

 

I've done this before and cant remember.........

 

Thanks

[Max1]

A quick update. I received a letter from DG today requesting the breakdown of the charges. I will fax it tomorrow and also send it recorded delivery. Probably overkill but better safe than sorry. Just sent a really short letter telling them it was the requested breakdown. Thought it was best to be short and to the point. Fingers crossed we are near the end now.

 

Also, my husband has a loan with HSBC (not a managed loan) and it is not or has never been in arrears. The claim is for our joint account. Can they pay they amount off his loan account?

 

Thanks

 

 

Max1:D

[165721]

Hi,

 

I am also issuing my MCOL today, and want to check the bit about where I reserve my right to claim interest, do I say yes or no?

 

I've done this before and cant remember.........

 

Thanks

 

Yeah you do because otherwsie, you cant get the interest! If you want to get interest off them for the charged amount, you must tick it, or the money is theirs.

[Max1]

We have received a letter from DG offering the full amount plus the court fee but not the 8% interest on the debt or the daily interest on the debt. I am sorely tempted to take it as I worry that I might lose the lot but then part of me thinks that I should get at least the interest on the debt - it is nearly £300. Any advice? Also I cannot seem to find the partial acceptance letter anyone got a good one to send to DG.

 

Many thanks (donation coming soon......)

 

Max1

[lateralus]

fay, here's the link:Rejection of settlement offer.

hang in there just a bit longer and i think you will get the full offer.

have i steered you wrong - told you that you would get a letter that week, it's all part of the plan. did you ask for daily interest in your claim (i didn't, that's where i bodged up, didn't ask so didn't get). but the 8% interest is absolutely part of the claim. they don't pay it, you don't settle or halt the claim. as your judgment day looms - think i'd fax the letter (and record. del. also), if they are defending - think you should have your allocation questionaire by now or shortly. they have the same deadline as you - no hurry to file it until it is due - but it gives you something to talk to dg about when that deadline is approaching ("i'm sure you don't want to incur another £100 charge by me filing my a.q."). i think the bottom line is this: when they make you that offer - they are in effect saying they know they will loose in court else why, oh why would they offer you that amount. so press on and you will get the 8% added - then you can accept, donate, spend, save, whatever (when the cheque clears). i've been following maria100 and she's just ahead of you timewise - read it, it will spur you on. good luck, you are almost there! if your loan is not in arrears, don't think they can use your money. just insist on a cheque.

[Max1]

Just to clarify - are we ok to accept this as a partial settlement (I have used the words that we will take it as an instalment) even though we are at the Court stage. All the partial settlement stuff seems to be geared towards offers before MCOL.

Max1

[lateralus]

yes, by all means, use that wording - you would accept the offer as a partial settlement of your claim but you need the full amount to cease your claim and until you hear from them, you claim will continue. just like at the previous stage - if they offered something - you accept as a partial settlement - but then you never hear again, it's like they go ok, let's start again and make another offer (this time 100%). i think it's like if it went to court (which it won't) they have made an attempt and your have explained why that isn't on, although you would accept it as partial payment - they never send that partial - you just get a new offer a few days later.

just went back and looked at our letter at the same point, here's mine:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Attn: Julie Kyle

 

Dear Ms Kyle

 

Re: XXXXX –v- HSBC Bank plc

 

Thank you for your letter of 14 September 2006.

 

I respectfully decline your offer of settlement. My claim has already been filed and so I have already incurred the costs associated with small claims filing. I would therefore not be inclined to settle for less than the complete claim for £2XXX.XX

Please also be aware that due to interest I consider the amount owed to me to be increasing at the rate of fifty pence per day from the date of the filing. To date this

has added £13 to my claim. This brings the total of my claim to £2XXX.XX as of today’s date (18 September 2006).

 

I would, however, accept your offer as a partial settlement of my claim against HSBC on the clear understanding that I will continue to pursue recovery of the remainder through my court claim. Should your client decide to offer a full settlement and issue a cheque for the full amount I will contact the court to stop the action in progress upon receipt of said cheque.

 

 

I trust this clarifies my position.

 

Yours faithfully

 

I trust this clarifies your position, too LOL.

p.s. money was in the bank by 6 oct. just for a time frame.