dreaddan V HSBC **WON**

[Guest bong]

yes its a late reply to one of your letters

[dreaddan]

Is it with replying back to them or not?

[lateralus]

here's a reply michael browne offered up to someone else in your position:

Reply to whoever sent the offer.

 

Dear [named sender or Sirs]

 

 

Thank you for your letter dated xx/xx/xx. Prior to receipt of your letter I have filed a claim in the County Court and have therefore incurred further costs.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

vbrep_register("428050")

has your acknowledgment come through yet? when it does send dg a copy of your breakdown including interest and court costs.

[dreaddan]

Thanks I'll send that tomorrow

No I've only got a notice of issue so far, thought the claim is showing as acknowllaged. I'm right to add intrest per day sine I filed?

 

Cheers

dan

[lateralus]

yes, if you actually put it in your claim.

now the mcol is showing acknowledged, you'll get paper work in a couple of days - second page will show them intending to defend in full....

take dg's address and any name and send them a copy of your breakdown including interest and court costs.

[dreaddan]

Have got the address now and will be sending a copy today.

 

Cheers

Dan

[dreaddan]

I just relised, I sent a letter on friday about part payment and have now sent the scedule of charges off to DG today without mentioning the offer - should I send DG a letter silimar to the one to friday or will hsbc send it on?

 

dan

[lateralus]

not important. when the bank offers and you accept as partial it just disappears - no one seems to mention it again.

you are now dealing with dg and any offers will come from them. in my case received an offer just after i filed (it was from the bank and about 80% of the initial claim), received an offer from dg (about 80% of the claim that included int. and costs, then one week later received a full offer. so, just forget about the one from the bank.

[dreaddan]

I've just relised, on the defence paper it says they have till the 26th to respond. But the 25th and 26th are bank holidays does that mean they have till the 28th to respond or should I still click the start judgment button on boxing day?

[lateralus]

click away - if it's too soon it won't let you press and if they've filed a defense it won't.

[dreaddan]

cheers. I'm just supprised that I havnt heard anything from them.

[dreaddan]

Doh - spot the muppet. Have reread the letter, the 26th is the origanal 14 day deadline. they have till the 15th jan to file a defence.

[dreaddan]

Well, they plan to defend. I have till the 24th to fill in the AQ.

Will type in the defence when I get home.

 

dan

[lateralus]

don't go filing the aq just yet, did you send dg your breakdown when you were acknowledged. if no, send it now!!!, if yes, ring them tomorrow and ask if it was received - hopefully this will bump you up and possibly you could get an offer before the aq is due. you can fill it in if you like - but i'd hold off filing it until closer to the due date. try to light a fire under dg if possible.

however, if it comes to it and you need to file it, here's the help:

 

here's some help:Allocation Questionnaires - A guide to completion

and this:New strategy for Allocation Questionaires

 

and also a little s omething i picked up from bong:yes, bong - been meaning to ask - does it mean just copy out that letter and attach to the n150/N149 along with it, anything else to do with it??

or is it the answer to one of the questions on the aq. you know me - that technical stuff gets me. why doesn't a mod move both those two threads next to each other - i spend half my time looking for this stuff.

and her answer:

 

if its an N149 AQ at G (other information) write

 

I believe that the case will last no longer than one hour.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

If its an N150 AQ, at F tick yes and then no, and at H write the same text as above, but not the line about the case lasting for one hour as this has been answered elsewhere in the questionnaire.

 

You then attach the draft direction, making sure you have added your own case and court name and claim number etc.

__________________

[dreaddan]

Hi, Yes I sent the breakdown as soon as they acknollaged.

I've got a record slip that says it's been delivered, I'll phone up and check with them anyways.

[dreaddan]

Heres what thw defence says:

1. The Claimant?s account is governed by the Defendant?s personal and/or business banking terms and conditions.

2. Pursuant to the Defendant?s ters and condiations the Defendant is entitled to make a charge for it's services as set out in the Defendant?s price list, including and overdfart review fee for considering whether to provide and providing and overdraft.

3. The Defendant denies that the charges applied tyo the claimant?s account amount t8o penalties at common law and/or unfair contract terms ofr thje purposes of the unfair terms in consumer contracts regulations 1999 (UTCCRs).

4. The charges applied to the Claimant?s account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges repesent the contractually agreed price for the services provided and the UTTCRs are not applicabile to them; alternatively, they are not unfair contrary to the UTTCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the claimant is denied. For the resons set out above, it is denied that claimant is entitled to the relief claimed or any relief.

 

 

Note: most typo's are theres but some are mine... and the ? are what is on my form.

[lateralus]

yes, do that - it just serves to make sure they still have you on their radar. they must be oh-so busy - but you don't want yours left behind.

just mention that you aq is due soon and you were hoping to have heard from them by now. see how it goes ... let us know.

[dreaddan]

Very odd, Just spoke to Deborah about this she says she isnt dealing with this and has passed a message on to the person who is dealing with this and they will be getting back to me.

I forgot to ask who is dealing with this but it strikes me a little odd that she has signed the defence form but isnt dealing with it.

 

I can only assume there getting her to fill the court papers in just incase but they have no intention to get that far...

[dreaddan]

Just had a call back (from Jennifer doyle I think) who has confermed they have receved a copy of the scedule, and are waiting for HSBC to get back to them. There is a delay due to the xmas period.

I told her that I was checking becaire I'd rceved my AQ.

[lucykirk2003]

Hi there, have you heard anything further yet? Sorry I'm just interested as I'll be at your stage very soon. Just waiting for their defense to come in.

 

Thanks!

[dreaddan]

Not yet, but I leave before the postman comes so will know when I get home.

I'm not expecting anything till next week, with the clame being below the 1.5k limit I wont have to pay for the AQ which again will buy HSBC more time.

[dreaddan]

I've receved a offer for the full amount excluding the intrest since I put the clame in. so small I'm not bothered about it.

The offer also requires me to not make any other clames and to keep the 'ex gratia' payment confidential, how do I accept but without these clauses?

 

Also the AQ must be in by the 24th so should I still send it as I dont expect payment before I have to post it ?

 

cheers.

[Michael Browne]

You don't need to accept any conditions.Send your own acceptance letter:

 

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

 

 

Re:AQ. If it is not submitted by the due date your case could be struck out, although DG are usually true to their word. I assume your claim is around £500?, so there is no fee to pay, so you might as well submit it.

[lateralus]

as for the aq - ring the court tomorrow and tell them you have accepted an offer and are awaiting payment and please could they delay the deadline on your aq - they will do this.

 

as for the confidentiality bit - cross it off - won't affect anything.

 

as for the no more claims - i think it says, does it not, that you won't claim for those same charges over that same period again - like why would you. if more charges come in and you want to claim - claim away - but you know the score - they will probably close your acct. so have another ready.

 

so, good news all around this weekend - loads of full offers - they have excelled themselves with offers this weekend.

 

i'm very pleased for you, job well done, stuck to it and got there!

here's some info:: When You Get Your Refund

 

i think they are saying 7 -10 days to get the money - keep on top of it -

check the offer is for everything you wanted, charges, interest, (forget the daily if it's not an issue), and court fees. then sign, return, wait for the cash!

 

many congratulations, spend wisely!

 

you can pm

blueskies vbmenu_register("postmenu_254163", true); to move your thread to the success stories for all the newbies to read and be encouraged to take the plunge.

 

again - great news!

 

p.s. michael's came in as i wrote this - his letter is good - as for the aq - either way - it's up to you. several have used the delay call.

[dreaddan]

Cheers, yes it's just under £550.

I'll phone tomorrow, no need to spend more money on postage if I can get a settlement