Little old me V HSBC - Claim form now received

[lord_tiger_putin]

They really are a bunch of scumbags aren't they!!! Am so glad i found this site by happen-chance...

 

My experince of DG sorry souls is that they send a letter once a month, they have send at least 3 of them to me, so you probable have a while anyway while they decide what to do!

[bilious]

Bless them the lovely little kind hearted people that they are (cough, cough...)

[babybear39]

I miss the love letters I used to get from DCAs

[bilious]

Hmmm i'll bet lol still got all them to come yet, well not the inhouse monkies ones anyway...They don't count really..

[lord_tiger_putin]

I miss the love letters I used to get from DCAs

 

Remember, you do not need to have any debts to get them!!

[babybear39]

Remember, you do not need to have any debts to get them!!

 

Yes, I've had a few from Cr@pot and Westrot for alleged accounts covered by my BR in 2007

[bilious]

Had a nice letter from DG on Sat afternoon, along the lines of (big bold letters.)

 

if you do not phone us within 24hrs (open on sunday are you?) It may not be possible to avoid court action!!!

 

Any views? Still not going to phone the scumbags though....

[babybear39]

Get a pack of crayons and write them a nice little letter that says 'IN WRITING ONLY AND I WILL INVOICE YOU £20 EACH TIME FOR MY INCONVENIENCE IN DEALING WITH YOU'

[citizenB]

This is a knee jerk reaction letter designed to frighten you sufficiently that you telephone them.

 

I would say it is almost certainly in breach of OFT guidelines. Who is the DCA ?

[Old Cogger]

send it to OFT with a complaint?

[the_shadow]

This is a knee jerk reaction letter designed to frighten you sufficiently that you telephone them.

 

I would say it is almost certainly in breach of OFT guidelines. Who is the DCA ?

 

Internal to HSBC citB, "DG Solicitors" ;-)

 

S.

[johnnymitch]

Bilious , did you send them the CPR letter I referred you to in #125, recommended by LTP in #115 ?

 

That will put them on the spot and should stop their huffing and puffing about court .........

 

I think you should do that before you go to FOS , because then you will have exhausted all avenues as they prefer you to do ... before lodging a complaint with them .....

[bilious]

Thanks chaps! Will be sending the letter today, been a bereavement in the family so not been concentrating properly, will send that letter today johny, thanks to you all for your advice will keep you posted...

 

Just re-read that letter and it's dated the 12th august and i got this late 21st august so i was pretty much stuffed on the 24hrs notice anyway...

Edited August 24, 2010 by bilious

[citizenB]

Internal to HSBC citB, "DG Solicitors" ;-)

 

S.

 

Aha..

 

Include in your letter the following....

 

Your letter dated 12th August 2010, mailed 2nd class post and time sensitive, was received by me on 21st August 2010. If it is your intention to only give a recipient 24 hours to respond, then at the very least you should allow for the class of postage you are intending to use.

 

I would think this action is almost certainly in breach of OFT guidelines.

 

etc, etc,

[johnnymitch]

Thanks chaps! Will be sending the letter today, been a bereavement in the family so not been concentrating properly, will send that letter today johny, thanks to you all for your advice will keep you posted...

 

That's fine bilious , sorry to hear about your bereavement ...... I know it knocks you for six for a while ....I had one recently too ..

 

Just re-read that letter and it's dated the 12th august and i got this late 21st august so i was pretty much stuffed on the 24hrs notice anyway...

 

They do that on purpose I reckon , so they can say to a court that you didn't respond ......... but if they know you know about CPRs and that they've got to come up with the real thing... IMHO ... they'll not go to court anyway

[bilious]

Have just sent the letters chaps, so we'll see where they go from there, thanks for your help and guidance thus far chaps! Nice to have some great people on my side.....

[bilious]

Hi there, have just had a reply from good old DG.... completely ignored that letter that ltp put up for me for the CPR.. and have sent the bog standard as you've failed to reply our clients are considering we may etc take your house blah blah blah... What should i do next....

[babybear39]

Send a short letter reminding them that IF they threaten you with legal action, THEY have to comply with your CPR request. If they don't the DJ aint gonna be 'appy

[bilious]

Thanks babybear! helpful as always... Don't suppose there a template about is there, lazy bones as i am...

[lord_tiger_putin]

Hi there, have just had a reply from good old DG.... completely ignored that letter that ltp put up for me for the CPR.. and have sent the bog standard as you've failed to reply our clients are considering we may etc take your house blah blah blah... What should i do next....

 

Did you "asked" them for your "advice" regarding the Unlawful Rescission? Since I asked them and they said that my account is "on hold" (how kind of them!!) I haven't heard a thing as yet!

[bilious]

Yes i did LTP put copies of the letters in with the CPR letter but that was on the 24th and they've just sent that letter may take you to court etc attachment of earnings, charging order etc...

[lord_tiger_putin]

Send a short letter reminding them that IF they threaten you with legal action, THEY have to comply with your CPR request. If they don't the DJ aint gonna be 'appy

 

Certainly do not want to be seen that I am coming up for these clowns but it could be that the letter you mentioned were computer generated and been in the pipeline to be send? These people are not very competent and although they could be thinking of responding to your letter, no one switched off the automated junk letter pipeline!

 

Therefore it could certainly be be worthwhile to send them a reminder!

 

Just went through my love letters, it seems that the letter interval is 3 weeks, what is the time span between this one and the previous one?

[bilious]

Yeah roughly that! Near 4 i think. so perhaps i should send em a reminder? Any idea as to how is should word it please?

[lord_tiger_putin]

Yeah roughly that! Near 4 i think. so perhaps i should send em a reminder? Any idea as to how is should word it please?

 

My responses was actually between 3 and 4 weeks, seems to be the norm!

 

I drafted a letter which can be used in these type of circumstance, maybe wait before sending it to see which comments others have. Also, corrections on the grammar could also be necessary, seeing that English is not my first language!

 

your address

 

their address

date

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

Re:- Compliance with the practice direction (PD) on pre-action conduct

 

You will be aware that since the introduction of the General Practice Direction (PD) on Pre-action Conduct introduced in April 2009, compliance with the general pre-action protocol in now compulsory, even in cases which will be most likely be allocated to the small claims track.

 

This allows the court to take into account the conduct of parties at all stages of litigation before the start of any court case. In every case where the matter is likely to be dispute (as in this instance), the court will expect the parties to have exchanged information before starting a court case and to have given the other party a change to settle the claim. If this is not done the offending party may be asked an explanation and ordered to pay costs. Furthermore, the court may also suspend a court case until steps which ought to have been taken are taken.

 

In your letter, dated xx/xx/20xx you threaten that you will take legal action should I fail to comply with your demands. As a direct result of this threat been made by you I made a request under the Civil Procedure Rules (CPR 31.1) towards you on xx/xx/20xx regarding this account, requesting you to provide me with the information detailed in that letter. As to date, you have failed to comply with my request and therefore you are in breach of the General Practice Direction (PD) on Pre-action Conduct. I now renew my request and should you fail again to comply with this request, then I will have to conclude that you refuse to comply with the General Practice Direction (PD) on Pre-action Conduct and I will bring it to the courts attention, should this matter actually proceed to trial.

 

Furthermore, on the xx/xx/20xx I also informed you that this account is in dispute as a result of [include your reasons], but you also failed to respond. I re-iterate that fact and am looking forward to your response in the near future.

 

Yours sincerely

 

your name

 

[johnnymitch]

Very good letter LTP , puts them firmly on the spot

 

I've done a proof-read for you and changed a small bit here and there ........... hope you find this OK

 

I will also keep a copy of this for future use to help others if you're OK with that ?

 

" *Re: - Compliance with the Practice Direction (PD) on Pre-action Conduct*

 

You will be aware that since the introduction of the General Practice Direction (PD) on Pre-action Conduct introduced in April 2009, compliance with the general pre-action protocol is now compulsory, even in cases which will be most likely be allocated to the small claims track.

 

This allows the court to take into account the conduct of parties at all stages of litigation before the start of any court case. In every case where the matter is likely to be ‘In Dispute’ (as in this instance), the court will expect the parties to have exchanged information before starting a court case and to have given the other party a chance to settle the claim. If this is not done the offending party may be asked for an explanation and ordered to pay costs. Furthermore, the court may also suspend a court case until steps which ought to have been taken, are taken.

 

In your letter, dated xx/xx/20xx you threaten that you will take legal action should I fail to comply with your demands. As a direct result of this threat been made by you I made a request to you under the Civil Procedure Rule (CPR 31.1) on xx/xx/20xx regarding this account, requesting that you provide me with the information detailed in that letter. To date, you have failed to comply with my request and therefore you are in breach of the General Practice Direction (PD) on Pre-action Conduct.

 

I now herewith renew my request. Should you fail again to comply with this request, I will have to conclude that you refuse to comply with the General Practice Direction (PD) on Pre-action Conduct and I will bring this lack of compliance to the courts attention, should this matter actually proceed to trial.

 

Furthermore, on the xx/xx/20xx, I informed you that this account is ‘In Dispute’ as a result of [include your reasons], but you have again failed to respond. I re-iterate that fact and am looking forward to your response in the near future.

 

Yours sincerely "