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Hi I am claiming against HSBC for £2484. Have issued small claims court proceedings so have paid £120 court fees. Have no court date yet though they have said they are defending the action. They have offered me £2111 today!! so £500 short. Not sure whether to take this or fight for more. Am worried that some precedent will be set or financial ombudsman will make new law etc and I wont get any money!! Anyone know of anything legal in the pipeline?? Any advice am now abit confused. Ta:confused:

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hi guys,

 

still nothing from dg today, i posted my acceptence letter 7 days ago.. i tried ringing them but all i get i voicemail on all the telephone numbers given anyone know of anymore? how do i check to see if they have canceled my court date for next week?

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Hi Dan2183, I'm still waiting for court date but have done a lot of reading on this site and advice seems to be don't agree to DG cancelling court action, wait til the monies in the bank then you contact the court and cancel, but I say again not until you've got the money. Hope this helps, sure someone with loads more knowledge than me will advice better. oh congrats on your offer tf

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Letter from court:

 

It is ordered that, the court of its own motion is considering striking out the defence in this action as an abuse of process.

 

The basis for this is the fact that the defendant is settling all claims of this nature where claimants are seeking the reimbursment of bank charges, with no claims proceeding to a contested hearing.

 

The court considers the authority of Mullen v Hackney London Borough Council 1997 relevant.

 

If the defendant objects to the proposed strike out it is ordered to file, by no later than xx June 2007 a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing and the outcome of such hearings, together with a schedule of all such claims which is has compromised before the final hearing after proceedings have been issued.

 

Upon receipt of such objections the court will consider listing the claim for a notice hearing of the strike out issue.

 

In the absence of any such objections being filed in time, the defence herein will be struck out and a judgement entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track.

 

And throught the post, a cheque for the full amount claimed, charges plus CI of unauthorised interest rate for HSBC, plus court fees. Don't you just wish all courts could be this excellent! Will scan the full letter once I get a chance.

 

:)

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hi i got back 1950 of a £2000 claim - whole thing took 2 months.. very happy! my partner is now doing his and has not heard from them in over the time suggested so we are starting the next step now .. wish us luck!

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Hi

Received today £3383.78, in full settlement which included 8% interest and all court fees. First letter sent to HSBC 4th March 07, no response so filed in small claims online. Was not required to complete AQ, the case was transferred from Northampton to my local court and a heaing date given immediately which was for today. Only rec'd offer from DG once they received my court bundle, knew i meant business then!

 

Good luck to all those still in the throws of claiming, at times it seems very daunting and you wonder if you've bitten off more than you can chew! Keep going CAG are fantastic, always there to give advise and guidance, i couldn't have done it with out them!

Thanks again!! :D :D

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I am dealing with 2 claims v HSBC for family and after sending LBA and schedule of charges bot have received letters from HSBC saying that they are investigating and will come back in 8 weeks.

 

Called after 6 weeks and they say that they will in 2 weeks make an offer - saves all the hassle of Court action.

 

Is this now the norm with the way HSBC are dealing with claims and anyone out there been paid after 8 weeks without going to Court?

 

Fred

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Hi everyone,

just to let you know we have received our offer letter today for 85% of the claim, which we are more than happy with as we cant do the court option because we are overseas, it will clear the overdraft and we shall have some left over to go into the savings account.

It has taken exactly ten weeks from start to finish.

Thank you to everyone who has helped us and Good luck to everyone with their claims, hang on in there, its worth the wait.Donation on the way once funds have cleared .....Thanks again

:D:D

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have received offer today of £450 which we are accepting. Claim was for £497 so very happy with that( one of the charges was just over 6 years so they have taken that off). Got as far as court bundle and waited 2 weeks before we had an offer. Thanks to everyone for all their support and advice.:D

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Hi All,

 

Mine went to the wire! Day before my prelim hearing, i spoke to DG on phone, and agreed Charges, OD Interest on Charges, 8% interest, and default removal! Total £2600 :D

 

Keep on to them!

 

MA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Hi, mine went to the wire as well (only because DG forgot about one of my claims and mixed up the dates with the other), but I've won 2 claims at the same time and am now over £5700 better off. Don't give up - you do get your money. The people on this forum are so helpful - THANKS!

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Another one here that went to the wire! But I have accepted a full settlement. It took over 6 months, but was well worth it.

 

Thanks to everyone here! (which moderator am I meant to tell?)

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Hi, just got success in a claim against HSBC - for £1790 charges over last five years. Decided to say I would appeal to the Financial Ombudsman in my first letter rather than take them to court and gave them eight weeks to respond according to Ombudsman rules. This meant waiting longer initially, they got back to me two days after eight weeks offering to settle £1564 'in full and final settlement' (random?!? plucked out of thin air as far as I can tell) and of course admitting no liability and stating that if it went to court they would win! So I wrote back and said if they didn't give me the full amount in 14 days I would take them to court - I received a letter last week offering me the full amount - which I have taken. Not threatening to take them to court in the first place actually gave me an extra bargaining chip instead of having to initiate the online claim process in order to get the full amount.

 

I'm going to turn to my credit cards next.

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HSBC

Amount claimed £4200

Amount offered £3500

 

I originally wrote to the HSBC on 18 April, requesting that all charges be repaid. They ignored this letter, so sent another on 9th May, threatening court action. The bank responded to this letter, saying they had 8 weeks to respond. As I couldnt really afford to take out court proceedings, I decided to hold off until 8 weeks were up from the 18 April. I then emailed them saying they had broken the guidelines they were expecting me to follow, by not acknowledging the first letter. I said I would complain to the Financial Ombudsman if they did not settle up. One week later (today) I received an offer of £3500. I know it is not what I originally requested, but I am so happy to have such a large sum, money which I never thought I would see again, so I am accepting the offer.

I must admit, it was much easier to claim and get a good result than I ever thought it would be. I was also encouraged to proceed with the claim thanks to this web site, and as soon as the money is in my account I will make a donation. THANK YOU EVERYONE FOR THEIR ENCOURAGEMENT AND FOR THOSE WHO ARE STILL THINKING OF CLAIMING - GET ON WITH IT - YOU HAVE NOTHING TO LOOSE.

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Hi,

I placed a claim against HSBC for 2466.41p ( but i claimed 2566.41 by mistake). I received an initial offer of less than half after my first letter asking for repayment, which i refused. I filed MCOL, they defended and had a court date for 20th July (next Friday). I didnt have to fill out an allocation questionnaire for my local court which saved me 100.00. And my local court ordered DG to submit their evidence first, listing full costs of each of the charges. They didnt do this and i wrote to the court asking for the defence to be thrown out in my favour, which i was still waiting to hear on, until......

I received a full settlement from DG today for 2823.81p including statutory interest up until yesterdays date, 120.00 MCOL fee, 100.00 allocation questionnaire fee (which i didnt have to do!) and the 100.00 that i had claimed for by mistake!! So basically 200.00 more than i claimed for, but hey if i claimed for time wasted, ink, paper, inconvenience, stress etc... 200.00 will do!!

woo hoo thanks everyone for your support. right.. who's next???? Capital One, Lloyds, Citi Cards......

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Some good news for me and maybe some others it will come, i had a call from HSBC this morning with an offer which was 4.00 off what they were demanding and to close may account which i am quite happy about. They were aware i am registered with CAG and i only sent my first letter, this is for my business account. So maybe some others will be getting phone calls as well. The test case in HULL might just be scaring the banks. So my claim has been successful without going to court which to be honest i was dreading.

Good luck to all of you and i hope you get your money back.

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Hi I started my battle with HSBC in July of Last Year.

 

I will admit that it took me 8 months to get round to going through my statements.

 

When i finally submitted my letter i was claiming £3,800 in charges including interest.

 

They did take a long time to reply so i sent them an additional letter informing them that they had breached the day 5 regulations in accordance with the FSA significant complaint acknowledgement and also mentioned that inline with the new FSA treating clients fairly regime that if they credit other clients with the charges back they must do it for everyone.

 

They came back with an offer of £2,800 which i accepted as I recieved the letter the same day as the client who lost when he went to court.

 

Im happy, if anyone wants a copy of the chaser letter i can provide.

 

Regards

 

Nathan

 

Thank you Consumer Action Group

 

Hi

 

Can I have a copy of that letter please Just incase

 

Thanks

you can run but you can't hide!!!!

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Hi,

 

Just a note I received an offer letter at the weekend for the amount £1532.25 which is all charges up to the latest ones (which I hadn't claimed for; they ocurred after my claim was started).

 

I am happy with this offer even though it doesn't reimburse for the court costs. Personally speaking (Bear in mind I am new to all of this and I did come to CAG late in the day (followed off-site advice)) I'd say if you're taking on HSBC and get a letter asking for you to wait 8 weeks for them to investigate your "complaint" - give them some breathing space and then file your claim if your not happy with the outcome.

 

Cheers.

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Jusr received my cheque today for full amount, plus 8% interest, plus courts fees.

 

14th March till 19th July... not a bad turn around.

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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Claimed £1969 from HSBC

Offered £2094! Will be accepting!

 

I started the process in April and today got the offer letter. The first court hearing was set for 1st August! I'm very pleased. Thanks to all who gave advice.

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Spoke to HSBC today on the telephone. They informed me that a letter was in the post offering me £1489.20 in full and final settlement (I was claiming for £1800). I will be accepting this offer. This offer comes just over 6 weeks after I posted the first letter claiming charges. If you are prepared to accept less than your full claim, then waiting within the 8 weeks quoted, is well worth it.:D. Lets just see how quickly they put it into my bank account!!

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