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Steve vs HSBC


stephen81
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Took my preliminary letter in to bank on 13/9/06 requesting refund of £260 charges plus £54 interest. I work just down the road from my branch so figured I may as well drop my letter in in person. I got a signed acknowledgement from the bank manager for my letter though. They've got til 27/09/06 before I send my LBA.

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the £54 interest isnt the 8% apr interest is it?, if so you cant claim that until you submit your court claim

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Good good......glad to see you know what your doing. Good Luck. keep us posted.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 2 weeks later...

I received my first rejection letter today where they say they don't agree blah blah blah. Unfortunately when I sent off my DPA request, it was before I had found this site and the letter I sent didn't have the bit about manual interventions. Not sure if they've picked up on that as they've put

In these circumstances, there is a process that involves the bank considering whether or not to pay the item.

They've also put the usual about the OFT report only relating to Credit Card charges.

 

Should I bother answering the points they make or shall I just send the LBA as is, but adding a part about manual interventions?

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I'd just send the LBA as it is. They wouldnt be able to send you anything about manual intervention anyways cos its all automated. hence this is why we are all getting our money back (eventually). When you requested your SAR it would have included anything manual anyways cos what u were asking for was everything from your file.

 

Press ahead regardless, you'll get your money back!

 

good luck xx

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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  • 5 weeks later...

I've not filed my moneyclaim yet as I have been busy moving but yesterday received an offer of £260 (i.e. the full amount of charges, but without the £54 interest I've paid out). My LBA deadline was 2 weeks ago but I only received their offer yesterday. I have every intention of rejecting their offer (or only accepting as a partial settlement) but I'm wondering, should I write to them informing I'll take nothing less than full amount, or shall I just file my claim with the court with no further communications to HSBC?

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  • 6 months later...

I wrote and told them I'd accept nothing less than the full amount and got another reply saying they would only pay the £260. Yesterday I filed my claim at the court so will hopefully hear some more soon.

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  • 3 weeks later...
I wrote and told them I'd accept nothing less than the full amount and got another reply saying they would only pay the £260. Yesterday I filed my claim at the court so will hopefully hear some more soon.

 

Acknowledgement of Service received dated 4 May 2007.

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  • 2 weeks later...

My claim was issued on 2nd May which by my reckoning means my 28 days is now up (they acknowledged the claim). What should I do now? Should I now be making a request for a judgement in default? Or writing to HSBC again to give them another chance?

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hi steve

on your notice of issue it gives you the date deemed served - its 28 days from this they have to file their defence. looks like its just about time up but they will probably get it in at the last minute.

 

you will now be dealing with DG (hsbc's solicitors) so I wouldnt write again to hsbc. did you send a SOC to the court & DG when you filed your claim. If not you should do this now & once they put theor defence in start nudging DG every 10 days. examples in here New---after 28 Days - Maybe No Aq!!!!!!!

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you will now be dealing with DG (hsbc's solicitors) so I wouldnt write again to hsbc. did you send a SOC to the court & DG when you filed your claim. If not you should do this now & once they put theor defence in start nudging DG every 10 days. examples in here New---after 28 Days - Maybe No Aq!!!!!!!

 

If I don't hear anything about a defence being entered after a couple more days though should I be applying for a judgement by default?

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Well, I went to the court yesterday to file my request for judgement and turns out HSBC filed their defence last Wednesday (the last day of the 28 days). Just waiting for it to arrive in the post. Nothing yesterday so hopefully might get it today.

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  • 2 weeks later...
  • 2 weeks later...

OK, well I filed my AQ on 18th and I've been on holiday for a week. I got back to find 2 notices from the court.

The first has a date 27 June 2007 and says...

 

Upon the Court's own motion. The Court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

1: Unless the defendant files an allocation questionnaire by 4pm on 4th July 2007 the defence be struck out.

 

Dated 26 June 2007

 

The second one has a date 28 June 2007 and says...

 

Upon the Court's own motion. The Court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

1: Unless the defendant files an allocation questionnaire by 4pm on 10th July 2007 the defence be struck out.

 

Dated 26 June 2007

 

What does this mean? Do the banks normally have to file an allocation questionnaire as well? I thought that was just something the claimant had to do? Why would they have set two different deadlines for the same thing?

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