Dlr V HSBC

[Dlr]

Hi everyone,

 

I posted last night to say that I was unsure my letters had been received as I just addressed them to the 'Bank Manager' by First Class post no receipt. I was about to start all over again when I got an offer this morning which caught me by suprise. I've been offered £750 from a claim of £833.50 charges, the letter said that interest (£251.66 totalling £1085.16) won't be refunded as it is a condition of the overdraft. My argument will be that if I had not been charged in the first place I would not have had interest to pay on the £833.50. If anyone can word it better than me I'd be obliged.

 

What caught me off guard is I've only sent the pre lim letter and the LBA. The letter they sent says I entered into a contract and was aware of the charges etc and they believe they would successfully defend any legal challenge. Their offer is because they 'are mindful of management and irrevocable costs that it may incur in relation to a claim'.

 

I was thinking off rejecting the offer and going for the full amount. and giving another 14 days response time before I start procededings.

 

Has anyone else had an offer from HSBC at the LBA stage and did they reject or accept it?

 

My worry is to lose the £750 by being greedy for the £1085.

 

Cheers

 

 

HSBC Pre lim letter 12th August 2006 £1085.16 - Ignored

LBA sent 2nd Septemer 2006 £1088.65 - Offered £750

[shupa]

Hi,

 

I have just had the same letter you got, offering a smaller amount that I asked for. If they are prepared to offer as much as they have, then it won't hurt them to go all the way and refund everything you have asked for.

 

I will be accepting their offer in PART PAYMENT, and will amend the bit on the letter (that I have to sign accepting their offer) to show that I will accept the offer so far but will continue to claim the rest in court if I have to.

 

No reason to give them any extra time, you gave them 14 days, I assume when you sent the LBA. Tell them your original deadline still stands.

 

Good luck!

[Michael Browne]

Rejection letter here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[shupa]

I have just printed my version of that letter... has taken me ages to find it! Should have hung on and waited for your post Michael!!!

[Dlr]

Hiya,

 

thats interesting, never thought of accepting as part offer. I've been mulling over what to do and I've decided to reject it and go for gold. The fact they have made an offer suggests they are willing to pay the lot. Just about got the letter together in my head and now gonna get it on paper. Fingers crossed

 

David

[shupa]

Good for you! Let us know how you get on...

[Darwin]

Guys its your money.If a burglar emptied your house and them comes back and offers half your stuff back as long as you dont take him to court , would you be happy ?

[Dlr]

Hi everyone,

 

I've just finished my letter rejecting the £750 I was offered as final settlement of my £1088.65 claim. I did consider accepting it as a part offer but decided against that. I said I was confident that I would be successful in my action against HSBC for the full amount, I've also updated the interest and told them I will be adding 24p a day until judgement or a full settlement which ever happens first.

 

I feel like David v Goliath........ now where did I put that slingshot?

 

David

[maverik1979]

sounds like you have things under control, keep us posted

[udontknowboutme']

Hi,

 

Will accepting an offer as part payment effect your claim?

[Smileyk]

I got the same offer which I accepted in part settlement and informed them that I still wanted the remaining monies. On Saturday I received the standard letter which suggests I contact the ombudsman. Guess that means I won't get the partial payment then! LOL

 

Their 14 days is up tomorrow so I'll file against them - they're not having any longer!

[udontknowboutme']

Ok Good luck! I read elsewhere in this forum that they direct you to the ombudsman, so that seems to be a standard response. I thought the ombudsman were saught if you were seeking compensation not claiming back what's rightfully yours......!

[Dlr]

Do I file my MCOL to Colin Langdale as he is the only named person who I have on my replies. He's Senior Service Quality Officer although the signature on the letters is PP. ALso can I add a claim now for the interest I have been charged on the overdraft charges even though I never mentioned it in my opening letter but did in my LBA? I don't mean the 8% for the charges, as I kept increasing my overdraft to keep afloat and so have been paying interest all these years and not clearing the OD if that makes sense.

 

David

[Dlr]

I told them I wasn't contacting the ombudsman but would proceed with my action. I received a letter this morning again suggesting the ombudsman and no mention of the original offer! Rubbing it in a bit with the last line, they put 'I accept this letter will not provide the response that you hoped for'.......... too right it doesn't. ha ha to you too.

 

Filing my OLMC Saturday. GET READY.

[stephie]

Hi,

I filed against David Lewis, although later found out that you should just put HSBC Bank plc as the name. It made no difference to my claim though which went through smoothly.

[Michael Browne]

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

You can claim overdraft interest if you've mentioned it in the LBA

[Dlr]

thanks for that fella's. No I didn't mention it in the LBA just in the letter rejecting their offer of £400 less than my claim. I said that unless I received the full amount in 14 days I would file an action and include overdraft interest. Oh well not to worry i never imagined I would get a penny 3 months ago so I'd be satisfied with my original amount.

Cheers

[Michael Browne]

Hold on, as long as you've mentioned it in a letter to them, LBA or not,then there's no reason why you shouldn't claim it at moneyclaim.

 

Once you've filed and know your claim no. send MCOL 2 copies of your revised schedule of charges clearly marked with your name and claim no. and a copy to the bank

[Dlr]

I've added the extra interest when I started my MCOL but I can't figure out how to use the spreadsheet. I've worked it out on a day to day basis similar to the 8% which has added £500 + £120 costs to my original claim. If they had paid up on my initial letter they would have saved £620. Greedy b*%!&$%s.