Here Goes

[owdoo]

reply saying that i want the full amount and am prepared to go tocourt to get it so to avoid legal fees pay up! or something to that effect?

[lateralus]

ok, then here's a template - tweak it to your taste.Rejection of settlement offer

no law says you have to file right away - in fact - some people in your place have held off filing and have found that the bank actually comes through (not many), so, hold off filing until you have the money and send the letter and who knows.... you may get lucky and get a full offer,

if not and you get the money to file, then you can.

good luck - let us know what happens.

[owdoo]

Thanks Lateralus

 

I have tweaked the letter as i am now claiming for mre than origionally stated along with the calculated interest is this ok to do so or are we only aloud to claim interest once we get the MCOL stage, please advise.

 

xxxxxx

xx

xx

xxxxx

08/01/2007

HSBC

Service Quality Team

xxxxxx

xxxx

xxx

xxxxxxxx

Ref: CIN: xxxxxxxxxx

Account number xxxxxxxSort Code xxxxxxxx

 

Response to settlement offer.

 

Dear Mr. xxxxxx

 

Thank you for your letter dated 02/01/07

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £1665.40.

 

Furthermore after more investigation into recent statements the charges have now risen to £1853.82 levied by the Bank in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.

I also intend to claim interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 24/09/01 to 24/11/06 of £190.71 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.37

Therefore the final amount due is £2,044.53

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I require repayment in full of this money; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

Name

[lateralus]

up until you claim - you can add further charges. haven't got time to read this t hrough just now - will later.

[Michael Browne]

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £1665.40.(Delete this old figure, since you are now claiming more, it just confuses the issue)

 

Furthermore after more investigation into my recent bank statements the charges have now risen to £1853.82 levied by the Bank in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. I enclose an amended schedule of charges to reflect these additinal charges

 

I also intend to claim interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 24/09/01 to 24/11/06 of £190.71 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.37 (Delete this para. You can't cllaim this until you file at court)

 

Therefore the final amount due is £1853.82

[lateralus]

do as michael says, he's the man!

[owdoo]

Cheers lads I am sending out the following.

 

Dear Mr. Langdale

 

Thank you for your letter dated 02/01/07

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

Furthermore after more investigation into my recent bank statements the charges have now risen to £1853.82 levied by the Bank in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. I enclose an amended schedule of charges to reflect these additional charges

Therefore the final amount due is £1853.82

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I require repayment in full of this money; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

I trust this clarifies my position.

 

 

Yours faithfully

[lateralus]

yes, i think that is fine now. and as it's more be sure to include an revised schedule of charges.

[owdoo]

Ok got the followinf back from the bank this morning......

 

Dear Mr xxxx

REF: xxxxxxx x x x xxx

 

Thank you for your letter dated 8th january

 

I can confirm that the bans position has been clearly stated in our letter dated 2nd january 2007. This lette constitutes our final response with regard to this matter and advised that should you remain unsatisfied, you have the option to refer to the financial Ombudsman Service as detailed in the leaflet provided.

 

Your sincerely

 

 

starting to worry a bit should I have accepted the offer? do I now proceed to court?

[hannah8686]

As they have stated this is their final offer, you now need to file you moneyclaim.

 

Dont worry about not accepting their original offer, in my previous claims i have always refused their offers and have been paid out in full everytime.

[owdoo]

Thanks for that Hannah, Feel a little better!

 

 

Right I am about to start MCOL I have filled in all the details and am due to process does anyone have any idea how long it takes fom this point?

[hannah8686]

it varies, when i claimed against HSBC they paid me within 2 weeks, but that was august last year.

 

From reading the other threads they seem too acknowledge, then file a defence then wait right up until a few days before the allocation question needs to be handed in by.

 

So realistically you could be looking at 6-8 weeks to have the cash in your pocket. If you prepare yourself for a wait this long at least if they do pay out sooner it will be a bonus.

 

I think the main reason they are taking longer to pay out now is because they are getting alot more claims now also.

 

When it does get acknowledged their will be a name of the contact at DG solicitors. I would either Fax or post you charges scheldule to that person directly at that point as it may speed things along.

 

Good Luck;-)

[owdoo]

Aaaagh I am going throug MCOL and have replied wth the following but it is apparently more than 24 lines over what I am allowed what can I take out to shorten it?

 

The Claimant had a contract with the

Defendant 2xxxxxxx from September 2001

which was conducted on their standard

terms and conditions. The Claimant claims

the return of £1853.82 levied by the

defendant in the way of charges. The

charges are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act

1977s.4 and under the Unfair Terms in

Consumer Contracts Regs 1999, Para 8 and

sch.2(1)(e). In the event that the charges

are not a penalty, they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. The defendant

has been asked to justify the charges but

they have declined to do so. The Claimant

claims interest under s.69 of the County

Courts Act 1984 at the rate of 8% a year

from 24/09/01 to 24/11/06 of £190.71 and

also interest at the same rate up to the

date of judgement or earlier payment at a

daily rate of £0.37

 

[nettyg]

hi

try taking out spaces after fullstops - and fullstops out before s.69 for example and see how you go.

netty

[lateralus]

i'll pm you mine as an example.

[owdoo]

Ok got a letter back from the courts acknowloging my claim all fine.

 

Got one back yesterday "A NOTICE THAT ACKNOWLEDGMENT OF SERICE HAS BEEN FILED"

 

A tick in the box stating that they intend to defend all of this claim!!!

 

How can they defend? Is this normal? I am starting to worry!!!:o

[nettyg]

perfectly normal. you'll receive your notice of ackn. in the post in a couple of days. on page 2 will be dg solicitor who's dealing with your case. send a breakdown of charges to dg and 2/3 to northampton court, then ring dg in a few days to make sure they have received it.

 

meanwhile, read as many threads as you can ok

[owdoo]

Ok by my calculations HSBC have untill Thursday to supply the defence through MCOL. They have akowledged the claim and are defending it but no sign of anything yet, what happens after thursday?

 

Should I contact the solicitor? or just wait or enter judgment online?

[nettyg]

no... don't ring the solicitors. they will defend right at the last minute.

[owdoo]

AFter re looking at my sums it is now 30 days and nothing? After looking on my claim through MCOL it states that the HSBC intend to defend the full amount owed!! I am a bit at a loss do i just wait now? and for how long? ANy advice is greatly appreciated!

[nettyg]

have you tried the judgement button on line yet. it may you push it but no doubt the courts will give hsbc extra time to submit their defense. at this stage i would ring the courts and find out what's happening with your claim. don't worry too much, i think they are absolutely bogged down with claims at the mo, which can only be to your advantage should they not submit their defence.

[owdoo]

I will try both cheers netty your a star!

[owdoo]

aaaagh !! his was on my mcol form You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

does this mean they have submitted defence? should I be worried?

[lateralus]

not at all, everyone has been there - you'll get a packet of stuff in about 2 days - transfer to local court, their defence and the aq - let us know the aq deadline - we will help if you need it.

[owdoo]

Ok serious stuff now, got the pack through from the court and filled in the questionnaire along with another £100 in court fees!!!!! (Really need for this to work or I am going to be mega skint!)

Also got a from DG solicitors requesting the breakdown of charges of which I have also just sent!!

Does everyone get to this stage!?? I know I keep asking and sound impatient but any idea how long it takes from this point? Depending on if I win!!!!