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honeygie v HSBC *****WON*****


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honey,

so happy for you with your offer, but dont fret if not all is as seems (does that make sense) as you know you are in safe hands with mam lattie & netty, "YOU WILL GET ALL YOU ARE OWED" chill for baby honey, all the hard stuff is done now :D . the only thing left to worry about is blue or pink booties ;) .

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honey when you send your acceptance back, inform them in writing that you had incurred further charges by submitting your aq so £100 wanted back - i'm not sure about the interest bits - somebody will come along soon and let you know.

don't panic:eek: it'll be ok

If i've been helpful in any way....then tip my scales over there!

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no big rush - the offer is the thing and you've got it honey - let's think this through and i'll get some lookers and you'll be ready to make your move on monday - it shouldn't make your payout any later, you'll still be rolling in dosh in about 7-10 days - let me get back to you about the offer and the letter.

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honey I think you need to send them a letter along the lines of one that I sent them which is here:

 

Thank you for your letter dated 19th December 2006.

 

I note that your client has offered to pay the following:

£

Penalty charges 25/5/2001 to 26/9/2006 1,799.00

County Court interest at 8% 25/5/2001 to 20/12/2006 265.26

Court fee 120.00

 

Total 2,184.26

 

 

I note that your client has disregarded the following amounts claimed:

 

£

Penalty Charges 26/7/1993 to 24/3/2000 575.50

Overdraft interest on penalty charges 3/9/2001 to 3/11/2006 431.03

Compound interest at 15.9%* 26/7/1993 to 13/11/2006 2,700.91

Compound interest accrued at 15.9%* 14/11/2006 to 21/12/2006 85.31

 

Total 3,792.75

 

*HSBC’s Standard Overdraft Rate

 

Please be aware that I do not accept your client’s offer of settlement. The amount required to settle my claim as at today’s date is as follows:

 

£

Penalty charges 26/7/1993 to 26/9/2006 2,374.50

Overdraft interest on penalty charges 3/9/2001 to 3/11/2006 431.03

Compound interest at 15.9% 26/7/1993 to 21/12/2006 2,786.22

Court fee 120.00

 

Total 5,711.75

 

 

Yours faithfully

the figures haven't pasted in the right places but should all be aligned. obviously take out the bits that don't apply to you like maybe contractual interest, and add in your allocation q fee. you could also state here that you will not agree to any confidentiality clause, and will be deleting it from any future offers of settlement.

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ok, honey, you could write a letter like bong's spelling out what they've offered and what you require to settle. you will have to do it - as you have all the facts and figures - but, i'd just lay it out like bong says, what they are offering then what you require. you are entitled to the charges, plus overdraft interest plus court 8% interest on the lot plus the original court fee . lay it out for them, just like that.

you might want to look at lisadj's thread as exactly the same thing - they are shorting her and saying it's because the overdraft interest isn't reclaimable. this is obviously a new ploy -

thinking about it - when i was doing my son's in september - they regularly gave an offer of around 85% of the total - but no reason given - then we regularly were rejecting that offer - by saying (actually - i'll put it here in a minute what we wrote -)

then routinely a few days later they came back with a full offer. so, i think this is that same routine - only now they are throwing around words making you doubt your claim. just follow the lead - use bong's as a template or this one i'm about to put here - it just means you'll get a full offer in a couple of days and you are in exactly the place we were - as we got our full offer and the aq paperwork (which you will be getting shortly) on the same day. ok, looking up my letter to them:

 

18 September 2006

 

xxxxxxxxxxxx

Hull

xxx xxx

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Attn: Julie Kyle

 

Dear Ms Kyle

 

Re: xxxxxxx–v- HSBC Bank plc

 

Thank you for your letter of 14 September 2006.

 

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 £22xx.xx.

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

has added £13 to my claim. This brings the total of my claim to £22xx.xx as of today’s date (18 September 2006).

 

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

 

 

 

x.xxxxxxxx

 

looking back i didn't even say, something like this -

Should i not hear from you shortly i will be required to file my allocation questionaire and will then be requiring a further £100 to settle this claim.

 

which i think i would have added if i had known better.

 

so, ok - you have an offer and i always look at it like this - would they offer so much as a peanut if they didn't think they would loose if it got to court? no,

so, my advice - you've gone this far - stick with it and get the lot - now, honeygie, i know what a worrier you are - so, if we are talking lots of money here (i really don't have any idea if it's 500 or 5000), and it is - what 186 short. if you can live with that - then take it - bird in the hand -vs- 2 in the bush theory. it depends on you. ok, let me know what you decide - if you consider 186 less than your full amount as a damn good victory - then ok.

pm me if you need to.

p.s. i never did get the daily interest rate as i had failed to put it into the claim.,, sent that letter back and about 3 days later got a full offer.

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Thank you girls ( i am presuming your girls soz) just recieved my letter from court today to say they have filed a defence. was packing it and nearly sacked it trawlled the site (or so i thought and no-one in same boat) but you have come out the other side. WELL DONE !!!!!!! :p Just about to fill in my AQ is there anything specific i should be writing on it all appears clear but not sure if i should write something in the other information section ??? please help :-D

:-?

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hairymary, as your other post is in a different forum i'll answer you here - but it would be good if you could pm a moderator and ask for your thread to be put into this forum so we can find you again easily and we won't be hijacking honey's thread - lord knows - she's in a state already!!! but she's nearly there!!!

ok, here's the deal:Allocation Questionnaires - A guide to completion

this is your step by step completion guide - which you've probably already found. and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g, use the wording on post #3 of new strategy link,

and then attach draft order for directions - use wording on post #2 of new strategy link making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

so, good luck and pm a moderator about moving your thread to here.

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to be deleted.

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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thanks for looking into my predicament.. will definitely digest all suggestions.. cant stay long on pc as having problems with baby honey at the moment... hope all goes well.. thanks again.. promise to come back with my actions... happy weekend everyone.

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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  • 2 weeks later...

finally able to send letter to dg yesterday.. i just hope it is not too late to accept their offer... have a nice weekend everyone.

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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:) thank you me dear mammies... am feeling a bit better now.. and i got a voicemessage from a marge in dg, returning my call to say they have received the settlement letter i sent them.

what am i gonna do now? i did advise them that aq is due monday... so. do i post the aq tomorrow? or just post the extension letter to county court..

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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hiya honey... so glad you're feeling a little better. i'd ring dg again tomorrow and if you don't get an offer from them, i'd post the aq on saturday for next day delivery, £4 but at least it will get there monday morning if you have to file it. oh i do hope they come up with the offer for you - fingers crossed darlin

If i've been helpful in any way....then tip my scales over there!

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a little update... ( and i thought when i get the offer letter that things will get quicker.. and what do you know? am still here posting about the wait.. ugghhh!) i went to county court today to ask how to go about things. one nice lady there told me the court wont take action til next week so i got the whole week to try chase things up with dg re my moolah... i was advised to keep aq ready... oh well.. time to chase up then.. any other number to ring? rachel tomlinson is always not at her desk...

thanks guys.... i know this thread is getting boring now...

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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you want numbers - we've got numbers:

0121 455 2111 (Debbie)

0121 455 2701 (Rachael)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

 

Fax 0121 455 2150

 

don't know marge - why don't you ask for her as you spoke to her before - or any of them really. just call - and ask when you will be getting your money. or even leave a voicemail.

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thanks lattie.. will do that first thing tomorrow...

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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how about that?! i got through to debbie! but... she passed me on to rachel's voicemail as usual.. mammie lattie all other numbers are voicemails as well.. oh well.. i dont know hwat to do now.. i think i may have to submit the aq after all.. i was really jsut avoiding to have to pay another £100... ughhh.

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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i guess in all the fuss i may have forgotten to tell you this - when they have offered and you have accepted - it is perfectly ok to ring the court (i'd wait til friday) and tell them you have accepted an offer and are awaiting payment and would they please delay the deadline on the aq - they very well may want it is writing - but that's easily done - quick note to the courts saying same thing and they will grant a delay - usually a week and surely that will be enough time for you to get your money from dg. sorry, honey, i should have told you that - don't know where my head is sometimes. do not stress over this - by the way - i'd send an email as their voicemails aren't working for you - saying " please can you tell me when my money will be forthcoming as my allocation questionaire is due on Monday". (don't mention the deadline extention to them)

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and don't forget......

 

 

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

 

fingers crossed honey.... it's about time!!

If i've been helpful in any way....then tip my scales over there!

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