Matt v HSBC

[taylorit]

HSBC have submitted a defence against my claim today.

 

Am a little worried now.

[Guest bong]

I have replied on your main thread - no need to be worried - its just to buy them some more time and stop you from applying for judgement while they sort out a settlement with you.

[taylorit]

Nice

 

Will be looking out for the postman tomorrow once again

 

But I cannot understand why they did not pay me the initial offer I accepted, they had not paid it within 14 days so carried on the ball rolling :S

[Guest bong]

don't think it matters now and you've now earned yourself 8% on top I presume.

[plonker]

HSBC have submitted a defence against my claim today.

 

Am a little worried now.

 

 

Don't worry read this thread and put your mind at rest http://www.consumeractiongroup.co.uk/forum/hsbc-bank/47368-hsbc-filed-defence-should.html#post375989

[taylorit]

Received letter from D&G Solicitors this morning offering payment in full of court claim with the 8% interest.

 

It great

 

But they wish for me to keep the fact of the claim and HSBC's ex gratia payment confidential. Can I cross this out and initial?

 

Matt

[Guest bong]

So my crystal ball didn't let me down then?!! Well done you. Yes most people are crossing out the confidentiality bit but I think I would write a quick letter pointing out that I didn't agree to it. It won't affect you getting your money.

[taylorit]

OK!

 

Has anyone got a template letter to agree with the settlement amount but not the confidentiality bit!

 

Matt

[Michael Browne]

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

 

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 for the claim of bank charges I notifed you of in my claim no. XXXX in XXXX County Court

.

I accept this offer without predjudice 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 trust that you will find this arrangement acceptable.

 

Yours Sincerely

[Michael Browne]

You can, if you wish add a final para:

 

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.

[taylorit]

Dear Sir

 

Ref: Your Offer of Settlement

 

Account No: xxxxxxxx

Sort Code: xx-xx-xx

 

I acknowledge receipt of your letter date XX XXXXXX XXXX and your settlement offer of £xx.xx

 

I accept your offer as full and final settlement of the bank charges that I notified you of in my claim number XXXXXXXX in the XXXXXXXXX County Court.

 

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

 

I am also not prepared to agree to any confidentially clauses imposed, unless your client wishes to make an offer of due consideration in order to be afforded this privilege.

 

I further request that payment is made by BACS into the following

 

Account No: {AccountNo}

Sort Code: {SortCode}

 

I trust that you will find this arrangement acceptable.

 

Yours faithfully

[taylorit]

thats the letter used was posted today.

[taylorit]

This is odd

 

HSBC have removed the charges that were pending to be applied to my account yet they been claimed for! But not actually been debited as HSBC removed them.

 

I am surprised anyone else had this?

 

Could it be because I have already parachuted my account?

 

Matt

[Guest bong]

Are you saying you included charges in your claim that hadn't already been debited?

[taylorit]

Yap but they were cancelled by HSBC

[taylorit]

Capital One have offered my total claim amount on Preliminary Letter.

[taylorit]

The Defence entered by DG Solicitors.....

 

1. The Claimant's acount is governed by the Defendant's personal banking terms and conditions.

 

2. Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list.

 

3. It is denied that the fees charged for the services provided amount to a penalty or liquidated damages clause. The fees are an agreed price for a service provided by the Defendant.

[Guest bong]

yeah, their standard defence

[taylorit]

haha no surprise there then!