CC v HSBC

[cbrundle]

Hi guys pleased to say that I am doing this on behalf of the In-Laws.

 

right then a question if I may (I have searched the FAQs but couldn't find the answer!).

 

The statements were requested back in June, so obviously the statement dates are from June 2000 - June 2006, are we allowed to claim from then or should the claim be from November 2000 - November 2006?

 

The total is for £3060ish

 

that's it for now!

 

wish them luck

[sarah13]

its a grey area. you can try your luck, i am! there are some faqs regarding this,

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

consumeractiongroup Step by step Insructions

 

good luck!

[cbrundle]

thanks for the reply Sarah.

 

Here goes

[cbrundle]

another question if i may.

 

I have just found out that CC has a loan with HSBC for £20k with 7 years remaining, I appreciate they can close your account but they surely can't close down the loan and make you repay that straight away can they?

 

he doesn't mind them closing down his account and making him pay off his £400 overdraft, just worried that they will make him sort out the loan.

 

many thanks

[cbrundle]

anyone?

 

just need this last bit of info, before the prelim gets sent off.

[Guest bong]

hi cbrundle - the bank can't force early repayment of the loan because you are taking action to recover your charges. Its not the same as an overdraft which is repayable on demand. As long as CC sticks to the repayments they have no grounds for overturning the loan agreement.

[cbrundle]

hi bong thanks very much for the reassurance!

 

i didn't think they'd be able to enforce such a thing, many thanks

[cbrundle]

offer received and will be rejected

 

updated as per sig

[cbrundle]

can anyone tell me if the address for the bank I use on the MCOL is:

 

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

is this the correct address for the defendant?

[nettyg]

hi, yes the head office address is the correct one

good luck

[cbrundle]

cheers Netty

 

MCOL filed on 09/03/07

 

HSBC have acknowledged on 14/03/07

 

so is there anything I need to do now? or do i just sit it out?

 

do I send them the court bundle yet?

 

damn just realised am I'm supposed send an upated charges WITH interest letter to the bank as well?

 

if so would it be ok to send them something like this:

 

Further to my letter dated 03/03/07, please take note that a claim has been submitted to the courts for the full amount of £3,079.50 along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act (£626.04).

 

The interest in addition to the amount in charges equates to the total amount of my claim, namely £3705.54.

 

This claim was submitted on 09/03/07 (Case No: XXXXXXXX).

[givememymoney]

Your letter looks fine. You don't need to do anything else yet (your court bundle is a few steps down the road yet) The next thing is that you may get an offer or HSBC will defend. You will then be sent an AQ form to fill in so this is your next port of call for learning what to do next. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[cbrundle]

edit forgot to say thanks to givememymoney

 

right anyone help me out again?

 

they acknowledged on the 14th March, they got given 28 days which expired yesterday 11th April (if it's 28 days and not 28 WORKING days???).

 

the BANK have offered again 6 days ago for £3400, saying they don't agree with the first 4 items (these date back between june 06-dec 06) as we requested the statements back in june but only got round to starting the claim until Jan.

 

i thought the offer would've come from the solicitors, we have had no contact from them except for the details on the back of the acknowledgement, and it seems the bank have offered this new amount in response to my letter above.

 

so we're kind of unsure what to do?

do we ask for judgement as no defence has been put in (28 days is up), if so how long does it take, or can they extend it at this late stage?

 

many thanks

 

Chris

[cbrundle]

anyone?

[nettyg]

hiya, sounds like the bank are responding to previous correspondence. as you have already filed your claim with the courts and incurred further costs, you may wish to write to them explaining this. you'll receive paperwork from the courts soon (notice of acknowledgement) and this will probably state that hsbc intend to defend. then another 28 day wait i'm afraid until they do so. i'll send a link for rejecting offers. hope this helps.

 

Rejecting Offers

[cbrundle]

cheers Netty, we've had the acknowledgement but nothing else at all from solicitors???

 

it's just a bit wierd that DG have acknowledged the claim, got given 28 days to do something, but have done nothing, then a week ago we got a 2nd offer from the BANK & not from the solicitors

[nettyg]

you won't receive anything from the solicitors yet. did you send your breakdown of charges to the court (2 copies) and 1 to dg? if not, do that now, with a covering letter asking for them to be filed with your claim.

 

after a couple of days, ring dg and ask if they have received them.

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

0121 455 2111 (Debbie)

0121 455 2701 (Rachel)

0121 455 2196 (Kate)

0121 455 2206 (Alan)

Fax 0121 455 2150

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

Julie [email protected]

[cbrundle]

yep I faxed over all the charges to the solicitors as well as sent it via recorded delivery to them as well on 29/03 and was received.

 

edit just checked MCOL and it is now stating defence.

 

so no doubt we'll get the AQ through, etc.

[cbrundle]

DOUBLE EDIT

 

just realised royal mail have not delivered my SOC to the courts, so will send them in another copy today.

[givememymoney]

There are one of two things happening at this stage and here are the links:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

Or

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

[cbrundle]

thanks very much for the help, my father-in-law is a bit gutted cos he's been trying to get through to HSBC for about a week trying to accept their offer of £3400 out of £3800 cos he needed the cash sooner rather than later.

 

now he's worried he won't be able to accept the offer even though he has until Tuesday next week to accept it according to their letter (10 working days to accept or they'll take it as him rejecting)

 

I've told him to try and wait if he can to get full amount, but he's worried something may go wrong (to be honest I am a bit too as this is the first claim, but I tell him everything's going to be fine! lol)

[givememymoney]

Did he not get a letter that he could return to accept the offer? You really don't need to worry about getting your full amount everyone who has hung in their to get it has succeeded including me

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/58533-givememymoney-hsbc.html

[cbrundle]

Did he not get a letter that he could return to accept the offer? You really don't need to worry about getting your full amount everyone who has hung in their to get it has succeeded including me

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/58533-givememymoney-hsbc.html

 

thanks again (can't add to your rep, I "must spread out more reputation before giving anymore to you"! lol)

 

he got the letter, about 6 days ago and has been trying to phone them to discuss certain issues and to try and get them to write a cheque rather than straight into his account.

 

hasn't been able to get through, but the letter states he has 10 days from receipt (ends on Tuesday next week) but now the sols have filed defence online.

 

so the main question i suppose is, can he still accept this offer or is it now the long process of all the court malarky?

[givememymoney]

He can still accept the offer and write his own acceptance. This is what I did I wasn't happy with all the conditions in their letter so I wrote my own based on theirs and signed it saying that the money had to be paid within 7 days or no deal.

[cbrundle]

cheers gmmm

 

decided to go to court in the end

 

received these in the post anyone know what we do next then?

 

 

does this mean we do or don't fillout an AQ?

 

 

is their defence fine? in my particulars of claim I used the standard one in the templates section edited as per forum rules

 

I'll have another look tomorrow when I get more time, gotta leave in a min for home.

 

thanks in advanced

 

Chris