raxtyjaxter Vs. HSBC

[raxtyjaxter]

I received the Acknowledgement of Service this morning. It is signed by Deborah D'Aubany dated 15th December. Is this when the 28 days commences? All I need to do is write to DG Solicitors enclosing my charges breakdown!!! Not long till I get my money!!!!

[Michael Browne]

I received the Acknowledgement of Service this morning. It is signed by Deborah D'Aubany dated 15th December. Is this when the 28 days commences?

No, the 28 days is from the original deemed date of service, ie they have until Jan 15th to file a defence

[lateralus]

but now is when you send 3 copies of your breakdown to the court and 1 copy to ms.debs at dg. both with cover notes referencing your court claim number. - and for dg - give all your contact numbers. total it up for dg - on the cover note - charges + interest + court cost = total.

nearly there - hang in there a little longer.

[raxtyjaxter]

Right my letter to DG Solicitors will be in the post tonight. I've been reading Maria100 thread, she talks about filling in an AQ. At what point does this take place?

[lateralus]

after the 28 days, if they haven't filed defense - you press for judgment and you win, but mostly they file at the last minute. then you receive a couple of days later, a change to your local court, a copy of their defense and an aq to fill in. look for the aq deadline and mark it on the calendar - your aq must be in by that date - i don't see the point in sending it any earlier than it is required as it costs 100 (if your claim is over 1500), so just keep it in mind and don't let the date pass. chances are very good that they will settle before the aq is due - nearly all have.

[raxtyjaxter]

I received a letter today from HSBC. Saying (in brief)...

"Thank you for your letter dated 14th November (Prelim letter - a little over 14 days late of reply deadline) we are sorry to hear you are disappointed with the charges held against you. Please accept compensation of £703.48"

My total claim against HSBC is £918.00, so its over £200 short of the total charges placed against me. As you know, I am going thru MCOL now and have had acknowledgement from DG Solicitors.

I'm right in thinking that this letter is in no way connected to DG Solicitors?!?! and I should just wait a little longer to get my full settlement money (£1079.80 with interest and court fee). HSBC also said in the letter that if I do not respond within 10 days then they take it that I have declined - maybe I should wait near on a month before I respond like they did to me!!!!!

[lateralus]

yes, it has nothing to do with dg, it is a very, very belated offer from you earlier letters - and as such i don't think it even deserves a rejection letter. just sit tight - or for something to do - give dg a call and ask if they received your breakdown. just being proactive instead of just sitting and waiting - you might in all innocence ask if you need to respond to hsbc's very belated offer to you.

[Michael Browne]

I'm right in thinking that this letter is in no way connected to DG Solicitors?!?!

Yes, you can ignore it or if you want to reply:

 

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

[raxtyjaxter]

I have just read Daisy111's thread and I now feel that I shud reply to HSBC along the lines that Daisy111 used...

"Thank you for letter dated (blah). However I decline your offer of £703.48 as this is unsatisfactorily less than my original claim and the interest from my claim and my court fees have not been included in your offer"

What do you think?

[raxtyjaxter]

I was in mid-post before I read your reply's. I am thinking that by the time they give me partial settlement, it'll be close to when they will give me full settlement. I am torn to whether I should respond or not and to just ring DG Solicitors to see if they received my letter.

[lateralus]

has nothing to do with partial of full offer - that offer was from hsbc - and unless you accept if (don't!), everything marches on via dg. whether you respond to it is really no biggie one way or the other - it doesn't affect your dealings with dg at all.

[raxtyjaxter]

Thanks lateralus, I won't respond. But I will ring up DG like you said tomorrow.

[raxtyjaxter]

Just a thought - my MCOL was acknowledged on the 15th of Dec. They have 28 days from then dont they. That makes it the 12th Jan for them to defend by doesnt it, or is it the 15th Jan a full calender month??

[lateralus]

it's 28 days from the day of service - found on the first letter you got from the court. around the 12th jan.? on the 28th day - try to press the mcol judgment button - if it's the wrong day - it won't let you press and if they've defended (likely) it also won't let you. when you called dg before - did they say they had your breakdown?

[raxtyjaxter]

I have looked at MCOL this morning and it tells me that they are defending the claim in full. Last minute job. I was getting ready to pass judgement on the the claim and win by default.....nevermind. I have yet to receive documentation of the claim being passed on to my local court. What happens now?

[lateralus]

just that...you will get paper notice of their defense, transfer to local court and your aq. check the aq and note the deadline. you sent dg a copy of your breakdown already? i think, anyway - it's a good time to ring them and say have they received your breakdown, and that you will be needing to file your aq shortly (not really - just saying it for now) and you were hoping to avoid further costs all around, would you be hearing from them soon? just feel them out - no hard stuff. generally, making sure they have your paperwork to hand. like a bump!

[raxtyjaxter]

Ok, I received the paperwork this morning in the post. I will briefly jot down what their defence says:

 

1)Claimant account is governed by the Defendants personal banking t/c's

2) Defendant is entitled to make a charge for its services, set out in defendants price list

3) Defendant denies unfair charges applied to account to penalties at common law and/or unfair contract terms of purpose of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR's)

4) Charges applied are reasonable and are fully disclosed in the defendants t/c's. Charges represent the contractually agreed price and the UTCCR's are not applicable to them; alternatively, they are not unfair contrary to the UTCCR's. These are default charges and not a penalty.

5) Each and every allagation by the claimant is denied. It is denied that the Claimant is entitled to the relief claimed or any relief.

 

Does this sound like the normal schpeel they send out?

[nettyg]

hi raxtyjaxter

hope you don't mind me jumping on your thread but i'll be interested to know if this is the usual goggins that they put in their defense.

have you looked at the link for aq? i think its at the beginning of the cag and is in stickys thread... not sure how to paste a link, but have a look.

netty

[lateralus]

look here for some of the aq links:Bex v HSBC ***WON*** (1 2 3 4 5

page 4, near the bottom - posts 72, then 75,76,77

 

raxty, what is your aq deadline?

[raxtyjaxter]

My AQ deadline is the 30th Jan. A Tuesday. I am going to ring up DG Sol tomorrow and ask them if they have my breakdown. They will probably say no, so I'll have to fax it to them. Hopefully its not long till I see my money!

[deev]

It's always a last minute job - probably because they have seen increasing numbers of claims being pursued! It's a waiting game now - the AQ papers and details of the claim being passed to your local court should arrive soon. Take note of what lateralus said about being aware of the deadline for the AQ papers to be back at the local court though and try and wait as long as possible before sending them back. My offer from DG only came 3 days before the deadline for the AQ papers needed to be back at the court so just hang in there - you should hear from DG soon enough!

[raxtyjaxter]

Ok. I am wondering what to say to DG tomorrow. Obviously I will say have you received my breakdown and what not, but I am on about the matter of them making an offer. Surely they will say "What makes you think we will make an offer to you...." My claim is for less than £1500, so I can't use the excuse that when I fill in the AQ it will add a cost of £100 to my claim, so it's in your interest to make an offer. Just a little worried at the moment.

[lateralus]

how about after have you received my breakdown, just something like, can you tell me if i will be hearing anything from your office anytime soon, i'd like to think we could get this wrapped up pretty soon. (just polite but inquiring). anything i can do to help move things along? (the attitude here is polite but firm - like let's get this done!) think of the banks calls you've had!

[raxtyjaxter]

I tried ringing Deborah yesturday, but to no avail. It kept on clicking to answer machine. Does anyone know if she is away temporarily, or is there another number I could ring? Failing that should I just fax through my breakdown anyway? Trouble is, I want to speak to them to try and move it along....

[flunky]

I spoke to Deborah and she was very busy on Monday.

 

I left my number and she said some one would call.

 

They did in the PM and lady was very nice.

 

I have had no issue with them phoning me.

 

They have been very helpful. To be honest not at all as I expected.