cplsn82 v HSBC ***WON***

[cplsn82]

I've sent the first two letters asking for my money back. This friday, will be the end of the deadline where I should start issuing proceedings. any advice

[Michael Browne]

Preparation is the key. A good start is here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-money-claim-line-mcol.html

[Guest ian cognito]

I would advise you go back to the faq's and threads over this week to ensure you are fully conversant with the procedures before you start, e.g. a lot of people on here recommend the N1 rather than moneyclaim because of the restrictions.

[cplsn82]

I am now due to issue proceedings in CC. I sent the letters to my local bank, where my account is held. I just sent them normal post not RD or SD. Should I still issue proceedings, or should I resend the letters to the Customer Service address. Also they have applied further charges since these letters, can I include these extra charges in the proceedings?

[Michael Browne]

No need to re-send letters. You can add the new charges to your claim and amend your schedule of charges

[winnie123]

Always best in future to send any letters recorded as if it did ever go to court you have proof that you have sent the letter and they can not claim that they never received them only costs approx £1 to send recorded delivery

[cplsn82]

I posted my N1 Claim form to claim £2273.49 plus 8% on Monday 9th October. I am awaiting Notice of Issue.

 

Today (12th October) I received a letter from my bank responding to my letters and offering £1820 in full and final settlement. In my letters to the bank, I requested refund of £2192.00.

 

They quote the reason for not offering the full amount as:

 

"In circumstances where you have authorised a payment that would, if met by us, lead to your accout going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our Personal Banking terms and conditions which you were provided with a copy of when you opened your account. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

 

HSBC is, however, mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £1820 representing the charges applied in full and final settlement of this matter."

 

I feel that the reason they have given is reasonable, however comments from other members would be useful.

[radiodan]

Today after no real battle I got a full offer for my cash.

I am bouncing off the walls and I know this cash is mine. Get yours, all of it.

After all if you were 300 quid over your over draft they'd stick it to you, so why not do it the other way round?

[wimpawipa]

Exactly the same worded letter I had. I used the letter from this site accepting their offer as a part payment but would still claim the rest. I was asking for £1795 and they offered £1620. Good luck

[cplsn82]

Have you had any response and had you already issued your claim in Court?

[SarahCTR]

I had the same letter as that on the day of the LBA deadline so I filed court action anyway. Didnt even send them a letter saying I'd have it as part payment. They were too late! Mwah ha ha ha ha ha!!

[cplsn82]

Just recently issued claim for credit card charges and interest for the measly amount of £84.78 plus interest £15.01.

 

They have Acknowledged service and have noted that they wish to defend all the claim. I know I have to wait 28 days from date of service, (14/2/07) before I Request Judgement.

 

Anyone got any tips, if they do file their defence within the time limit.

[jumpjet]

If they file a defence you will recieve a copy of it along with the AQ. Make sure it gets back to the courts in good time. And wait again. You will then get a letter from solicitors.

[HSBCrusher]

 

Anyone got any tips, if they do file their defence within the time limit.

They will.... and within moments of you being able to claim judgement.

They are like clockwork on this!

[cplsn82]

AQ has arrived today and have now completed it. Let's hope for the best. What is the next deadline I now need to be looking out for?

[nettyg]

hi

there should be a date on the aq paperwork telling you what date it has to be submitted by - have a good look because you don't want to miss this deadline

netty

[cplsn82]

Still no letter from the solicitors. Recieved an order today now saying that they must file a AQ by the 14th March otherwise the claim will be struck out and I can request Judgement.

[cplsn82]

Received the AQ from the Defence. They say that they want to put a stay on proceedings for 6 weeks so they can negotiate settlement with me. Cool

[cplsn82]

Letter received from sols with offer of £125.38 - ACCEPTING

[givememymoney]

Excellent news I hope mine goes the same way!!!