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Eades Vs HSBC


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Hi again,

 

OK so yesterday after failing to email Debbie i thought i would try to forward it to Kate Evans but i could get her email right and just got bounce messages - does any one know her email ? (i find it easier to email as i don't really have access to a phone during the day + i am usually very busy)

 

Also, i got home yesterday to find a letter from the court, again disappointing, contained information which conflicted with what i had previously been told.

 

The letter told me who the judge was and that they had actually given HSBC another 2 weeks to file their AQ, i find this disgusting and the fact i was told it would be a week initially adds to my annoyance - they have until 15th February now (next Thursday !)

 

For some reason i am hardly surprised, they are blatantly going to drag this out for as long as possible, though i fail to see the logic of incurring further costs - i wouldn't be surprised if i have to shell out more cash before i see any kind of action -another instance of the system not working for the little people :)

I have no debt , but i cant get any credit : (

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not heard a sausage from the court.

 

Dg however are at least talking to me. Hoping to negotiate but I am yet to put it to them. Just hanging back at the moment letting everything fall into place. Hopefully I will get what I am after will keep all up dated.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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Right, i have got home today to find a letter from D+G they have made an offer but have denied my overdraft interest apparently, the offer is for 2308.76 on my request of 2724.43.

 

They have ommited the overdraft interest and related 8% interest, not sure what to do obviously i have waited ages but then ido want all of it.

 

incidently the letter is laughable, it makes them sound like idiots have they say how correct they are but then offer the money ,it goes on to say that they are right and i am wrong and that they are definately going to win if it goes to court because it is my fault i have beeen going overdrawn and i agreed to pay interest when opening my account, they say the only reason they are making an offer is for commercial reasons (court cost etc) though they have resisted my request to settle before more costs were added.

 

And they do not again mention the actual breakdown of their costs just that they are fair, tehy say the normal bits and a bobs about not being able to claim for these charges, that it should be full and final ex gratia payment and that i agree to keep it confidential etc

 

to be honest although they are offering me money i am quite disgusted at the tone used, its as if they are telling me what to do and which terms to agree to, this should be the other way around really.

 

what should i do please advise,

I have no debt , but i cant get any credit : (

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finally, some action! advice a month ago was when you get an offer f rom dg, you are one letter and one week away from a full offer - let's hope that is still the case.

 

send the rejection letter - number 4, i think.

Rejecting Offers

 

then watch for the next letter.

 

actually letter 4 is for the bank offering a partial after mcol was filed, so, i'll put the one i used at this point here - you can use it or loose it:

 

 

Date

My Address

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

Attn: Julie Kyle

Dear Ms Kyle

Re: xxxxxxxxx–v- HSBC Bank plc

Claim Number: xxxxxxxxx

Thank you for your letter of xxxxxxxxxxxx.

I respectfully decline your offer of settlement. My claim has already been filed and so I have already incurred the costs associated with small claims filing. I would therefore not be inclined to settle for less than the complete claim for £xxxx.xx.

Please also be aware that due to interest I consider the amount owed to me to be increasing at the rate of xxxx per day from the date of the filing. To date this

has added £xx to my claim. This brings the total of my claim to £xxxx.xx as of today’s date (xx/xx/xx).

I would, however, accept your offer as a partial settlement of my claim against HSBC on the clear understanding that I will continue to pursue recovery of the remainder through my court claim. Should your client decide to offer a full settlement and issue a cheque for the full amount I will contact the court to stop the action in progress upon receipt of said cheque.

I trust this clarifies my position.

Yours faithfully

 

 

 

i'd also add a line about adding in the aq filing fee. add that into your total whenever you mention a total.

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nope, if you are really cheeky - you could take that ever present line they use about being sure they would win in court and throw it back at them, something like, i am confident that when my case is heard in court the judge will order a full restitution of my charges, but no, as i said - that letter was exactly what i used and five days after i posted it - got a full offer.

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Hi, thanks yeah thats a better letter didn't think the first one fitted well, they offered me all the money including 220 court costs just missing the OD interest and 8% on that.

 

So i think they are quite aware of the situation, just trying to stall by acting dumb.

 

cant get over how many holes are in there letter though, i'm in disbelief they will still say this.

 

Also i have never mentioned a cheque and would be happy for it to go into my account, so i dont need to say about the cheque.

 

Hopefully i can sent it off tommorow if im not snowed in :)

 

Cheers

I have no debt , but i cant get any credit : (

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Hi,

 

just a little update - i went to post my rejection on thursday but the post office was closed due to weather so it went yesterday - i also faxed a copy over in the hope it would be sorted sooner :)

 

hopefully my last wait now -

I have no debt , but i cant get any credit : (

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Hi,

 

Here i am still waiting for another communication from D+G maybe today would be a good day for them to send me a lovely offer :)

 

Can anyone advise what i do next, if i get no offer , and D+G don't file their AQ by tomorrow 4:00pm(extended AQ deadline)

 

Do i just wait for the courts ?

 

feeling rather anxious , maybe i shouldn't have included the line about the full restitution of my charges and related interest:eek:

I have no debt , but i cant get any credit : (

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and as long as you are reading - read andy b's - his came up short on the o/d interest and i knew i had seen it before - didn't remember it was yours - had two others in my head too. anyway - for clarification i asked 5 mods/site helpers/clever people and all agreed - read his thread.

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be careful. When I phoned courts to see about their failure to submit AQ I was told that DG had put in a request for a stay as the offer was in negotiation between me and them. The only way i found out was when I rang the court.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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this is a little "after the fact", but we are learning as we go here - this is the short statement andy used on his rejection of their settlement where they questioned his addition of o/d interest. it could make a nice little e-mail for you - if you think.

 

You will be aware of the fact that overdraft interest which was caused solely by the application of the bank's unlawful charges is reclaimable and it is that portion of the overdraft interest which I am claiming in this action. I am perfectly willing to pay interest on money's borrowed by way of overdraft - but absolutely not that which was levied on top of and solely as a result of unlawful charges.

 

or perhaps you think the moment is passed and you'll just see what happens next - thinking of you - hoping for good news soon.

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Hi, thanks i'm just going to read andy b's thread now.

 

The deadline was yesterday @ 4pm - what should i do now, juts wait for contact or phone the courts ?

 

not sure what to do 8-)

I have no debt , but i cant get any credit : (

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actually - i pointed out andy b's as his offer was short and they quibbled about o/d interest as in yours. it's liz's dirty tricks one you should read on them not filing their aq (although they have since filed). but read the stuff.

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Read threads and phone the courts, turns out that the thread (Liz's) is very relevent.

 

Courts said that the client (HSBC) had asked the judge to stall the case as they are in negotiations with myself - fine if they are going to send me the money, but they have stalled the case for 6 WEEKS !:eek: :eek: :eek: :eek: :eek:

 

sorry, but B*st*rds.

 

I really need this money right now - not sure which way to go about this now, what is the best way to try and get D+G to move things on ?8-)

I have no debt , but i cant get any credit : (

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i think - too late today probably but you need to speak to dg - ask them if they have received your lfax of the other day - i really, really think that you'll get an updated offer maybe tomorrow's post - or monday -i'm basing that on your faxing it last thurs. don't quote me or hate me if it's not there - but i think it will be - very, very soon. keep that little paragraph handy from above about o/d interest - but fingers crossed - you won't even need it. let us know when your offer comes!

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Hi, ok you were half right, i did get a letter (2 copies of) offering me the same amount again saying i new the terms etc and that they would win in court but for the previous given reasons they are making an offer.

 

I have not seen this before (scary) i dont want hem to force me into accepting a low offer.

 

Any one else had this ? or now what to do ?

 

It goes on to say that they will bring up the letter in court and that they will say the client has made a reasonable offer that i have rejected, i says ' In the event the court concurs with our view we will seek an order that you pay our costs in continuing with this claim from todays date until conclusion'

 

??

 

I will scan the letter in and post its contents tommorow - really dont want to mess this up now - help ??

I have no debt , but i cant get any credit : (

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hi anthony,

my jaw is still clenched in frustration at reading your thread!

 

but i wonder if im starting to see a certain thread of logic running through their defence behaviour.

 

do i understand that hsbc are your current bank? if this is the case, they will be very aware of your financial situation; they will be aware that finding the court fees will have caused you hardship, and if your current account is with them, will know that you issued no payment from that account to pay said fees, and so probably borrowed. they will reason that stalling will make you vulnerable to accepting a derisory offer.

 

i have privately maintained for some time now, that the defence strategy employed by the banks is basically an old con-trick commonly known as the 'really big di*do' [problem]...heres a brief chronology of this [problem] in the interest of levity :rolleyes:

1) an ad is placed for the sale of really big d**dos, only £15

2) 100 people (just as an example) send a cheque for £15

3) no di**os are sent(or indeed exist). statistically, fewer than 50% will complain..its not a great deal of money after all.

4) a letter is sent to those complainants, apologising for the delay, demand was much higher than anticipated etc. and really big d*ldos would be sent as soon as more really big d**dos were available.

5) statistically, another 25% will drop the matter there...we just dont like complaining...and who wants to be seen complaning about the lack of a RBD?

6) of the original 100 people who sent cheques for £15, fewer than 25% will pursue the matter, reasoning that it is a paltry amount of money,(and the embarassment!)

7) the remaining 25% who pursue the matter, will eventually receive a cheque from the really big dild* company, but (again statistically) fewer than 50% will deposit the cheque in their bank account.

nb..point 7 only worked when our financial matters were managed by people we knew and trusted, not so relevant in this age of faceless banking-who cares what they think?

 

i realise that i digress very far from the matter in hand, and in no way am i suggesting that DG are con artists :eek: or that their defence is a load of old ***os

i am merely suggesting that they are ambitious solicitors being challenged to find any way to save their client money for as long as they possibly can.

 

at the end of the day, anthony, only you can make the decisions; the pressures are enormous tho.

 

the best advice i can offer is to write a (respectful) letter to the Court, outlining your concerns. such as: the delaying tactics, the disparity in your positions (they multinational conglomerate, you impoverished victim), and especially that they have asked for a postponement in order to negotiate, when no such honest/serious representation has been made!

 

the Judge only knows as much as he/she is told, and i am (still) convinced that the office of 'Judge' is only achieved/aspired to by people who are truly concerned with justice. it will help if you can argue specific law, and include it (the judges arent machines to retain every law ever passed).

:o ******STOP THE PRESSES ********:shock:

and just before i sent this, i saw your most recent post! does this letter say 'without prejudice'?? it cant posssibly! this has to be, at the very least, a conflict of interests!! your current fiduciary is advising that you back off or incur costs???????!!!!!!!!

im sure the Judge will be intersted in this!!!!

.

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