Eades Vs HSBC

[aceades]

Yeah , a bit worried now it seems that its quite widely stated that all this info should be sent no less than 14 days before else it can mess the whole thing up so i think i better get it all sorted for Monday and hope they are as leanient with me as they are with DG.

 

Is there anyway of finding out if DG have supplied the required info ?

 

It all seemed so far away at AQ stage and i was banking on not going this far, though the one thing that confuses me is that i havn't had a letter confirming the directions.

 

i have just had one letter since i filed the AQ, and i got the impression that i'd get another when the judge had looked at it containing details of what i actually need to provide.

 

Regardless i will get all this sorted and get it in for Monday - first thing though read through all my court letters and put the peices back together.

[lateralus]

can i help? here's the list of stuff and some links:

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have 14 days (the date will be on the paperwork) to send in four things.

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT

i think you need to ring the court first thing on monday and ask if the draft order was made a direction - (maybe re reading the letter will clear it? doubt it, i think you'd have seen it if it was there) ask if that means you should have sent it in 14 days before the hearing. i think you could also ask if dg has submitted anything (bet not) then if they say it should have been - ask why you got no word of this and ask if you are ok to send it in shortly. it's a lot of copying - i wish you could leave it until you talk to the court on monday. that's up to you. liz just went through all this copying - sent it off and they offered. so, she is very up to date on what's what for the court stuff.

let me know if i can help in any way.

[aceades]

Hi,

 

Just got home and found a letter marked D+G - i didn;t get excited but couldn't think what it could be except the full offer, but they are still arguing , i will type the main bits out

 

'Dear Sir (Without Prejudice)

You state you are seeking to claim the portion of overdraft interest which was caused solely by the application of the charge. In order that we investigate this further please confirm the calculation used to calculate this portion of the claim.

 

It would appear from a review of your statements, that you were overdrawn over and above the charges applied to your account. In any event you will be aware that even without charges applied you would have incurred overdraft interest and it is basic condition of borrowing that you should pay interest on monies borrowed.

 

The statutory interest, pursuant to s69 county court act 1984, which you seek to claim is, in our opinion, adequate recompense in respect of the charge from the date it was applied to the date of your claim. we do not believe that you are entitled to any interest over and above that which you seek to claim at the court statutory rate. If you believe this is not the case then please confirm to us the relevant legislation upon which you intend to rely'

 

Advice ? anyone had this one yet ?

 

It goes on to say they still uphold their previous offer of £2311

 

I don't know what to do , i know that they are taking the p and i don't want to give up but i cant deal with anything too taxing right now

[lateralus]

i'm going to pm you.

[lizvp]

ok, heres how the court bundle goes.....

download and print the basic court bundle...look closely at the 'index page' and adapt for yourself.

put ALL your correspondence in order, then the statements, then the law bits (from the court bundle). then number it all.

i can send you a near copy of our witness statement if it will help..with xx xxs where you need to put your own info. but ya hafta know that its only what i adapted from stuff i found on here...so you will hafta adapt for your self too.

 

just reading your recent post.....sounds like a last ditch bully boy tactic to me. at the end of the day its your choice, but if it helps, the court bundle is the last possible hurdle you face..apart from the waiting game.

 

somehow, i doubt very much that they will pick on you to be the first they will meet in court! however much it feels like it! the law is actually on your side, just read it.

 

here if ya need help,

liz

[aceades]

edit

[lateralus]

do not apologise - you do what's right for you!

[Guest bong]

hi aceades, really sorry to hear you're having such a tough time at the moment. I do know the feeling but sympathy aint gonna help you sort this out so I'll do my best to offer some practical help. I don't know if you're up to this with whatever's going on but if it helps I can think of one easy way to explain this to them.

 

take one row of your spreadsheet as a sample to show them the calculations. for example 13/6/2002 interest charged £6.33. you are claiming £1.40 of this because presumably your overdraft balance of £654.43 at that date consisted of approximately £144.74 of charges. Make sure these figures are correct by your spreadsheet as I can only see the half you scanned in.

 

Then point out (again!) that this is borrowing that would not have existed had the charges not been applied, therefore it is overdraft interest that you would not have paid, and that this is a completely separate issue to the 8% county court interest you are entitled to add on top of your principal claim.

 

This isn't going to help with the bundle side of things - I think you might just have to try and switch off from your problems for one day and get it over and done with, unless you decide the interest isn't as important as what's going on in your life right now, in which case settling with their offer might be a better idea. I think I might take the view of how I will feel in one months time from now, having gone that extra distance to secure £x but maybe neglecting the other issues. Sorry if that's no help. All the best! xx

[aceades]

Thanks bong - i need to compose myself and decide what i'm going to do, this definatley is a help if i do feel i can carry on or even if its worth it for me.

 

Latty has pm'd me with some helpful words, you peeps are great.

[HSBCrusher]

I'm sorry these guys are getting you down.

An offer isnt far away.

You have some very good advice there.

The interest thing is really logical, but this is a trick DG are playing with everybody (mind.. they didnt try it on me )

We are willing you on... we are all behind you. If I was there now, I'd buy you a pint!

Don't let these bullies defeat you!

You will win, of that there is NO doubt!

[nettyg]

we're all behind you aceeades x

[st24driver]

Stick in there mate if you can it will be worth it at the end, and with Lateralus, Nettyg, Bong and Crusher behind you no amount of money could buy you that kind of support as they say in the mastercard advert "priceless"

[lateralus]

my thought for the day: (me and kenny!)

"You got to know when to hold em, know when to fold em,

Know when to walk away and know when to run.

You never count your money when youre sittin at the table.

There'll be time enough for countin when the dealins done."

 

take a look at flapper's thread and tell me what's important.

 

and from tiny tim: god bless us everyone!

 

and no - i ain't be smokin no funny stuff!

[aceades]

Hi,

 

I have made a decision, i am going to accept their offer - i think i have done well anyway considering i got this far and they are paying the courts statutory interest so i can see that as a kind of compensation or costs on my part, i am getting more than originally owed anyway, the 8% was a bonus.

 

My only slight concern is what i do now, i can write a letter of acceptance (there is no form to sign on this letter) but i am not sure how to word it best, what i should and shouldn't say etc but i think my main issue is with the court, obviously i need to call them and tell them what is going on but again what do i say exactly, i don't want to end the court action until i have the money but this could take a while so what do you think my chances are of a time extension due to continuing negotiations ?

 

Any one have any thoughts, ?

[lateralus]

and that's why we say don't stop the claim until you see the money.

write your letter and when you have the money - write to the court and tell them it has been resolved. i think you'll have the money before the court date - make that part of your letter if you like. as for the court, for now - maybe a call/letter saying you have accepted an offer and will be in touch when it is resolved.

 

you can write your own accept and say what you require:

here's a sample: just add or delete what you want.

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

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 only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice 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 will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

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.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

or here's one where they are asking for the aq fee to be added -

just make it up using both of them.

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice 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 will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

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.

 

I look forward to receiving your revised offer

Yours Sincerely

__________________

 

 

i think you've made a good decision

it's a good win - no matter how you look at it

time to draw a line and look forward!

good luck, kid!

[nettyg]

you're certainly not throwing in the towel ace, you've endured more than most on here so well done mate

enjoy it when you get it, you deserve it xx

[aceades]

Thanks people - would never have even started this without you lot or this site, amazing how this non profit site can help so many people so well yet other large and extremely profitable organisations can get everything so wrong and make its customers so unhappy : )

 

no names mentioned

 

My acceptance letter will be sent to day then hopefully we can agree for once - though of course i will not be finished until i have my dolla,

 

Anthony

[aceades]

Hi agian,

 

OK so my biggest fear is not a problem, i called the courts and they said its fine i just have to put it in writing (that i have reached an agreement, am i awaiting finalization and will inform the court when this has happened)

 

So now its just my response form DG, I have emailed, recorded mailed and faxed this over so they shoul dget the message soon.

 

Will update asap -

 

Cheers

[aceades]

Letter to court manager

 

This is what i have written not sure if the wording is appropriate but i think you get the jist of what i am tryin to acheive - If anyone has any advice or comments, they would be much appreciated as always.

 

"Blah Blah Blah

Please can you take this letter as notification that myself and the defendant have reached an agreement of which I have sent acceptance, however until I have finalized this agreement with and received the payment from the defendant I would like to hold the claim open if possible.

Upon receipt of the payment as agreed I shall contact the court ASAP to inform you of the conclusion, but if the defendant should default on our agreement I would like to have the claim reinstated forthwith.

 

I respectfully request that this notification be attached to the particulars of my claim.

Blah Blah Blah"

 

Thanks

 

Anthony

[lateralus]

anthony - how's it hangin - everything up to scratch?

hopefully, all done and dusted and living the high life. yes???

just touching base to see how it went.

[make_me_happy]

Hey, did you get your money at the end??? Please let us know....