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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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PrivateOrtheris v HSBC


privateortheris
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Sending my initial letter. I have most of my statements and have already requested the ones I am missing. I am altering the first paragraph to save a tree thus . . .

 

"Could you please supply me with a complete list of transactions and charges relating to my banking history with your organisation. I have already requested the statements I am missing for the past six years, so there is no need to re-send these, but any other information you could furnish me with would be most welcome."

 

. . . and left the rest unaltered. Any comments before I press the button?

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The only other thing they can send you which is more out of interest is the notes on your account and any manual intervention. But that letter edit looks fine.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Flippin' 'ell. All statements gone through and it doesn't half mount up - a bit over £6k!!

 

Getting ready to launch Prelim approach letter - should I send this to my branch, or still to:

 

Group Data Protection Manager

HSBC Bank plc

8 Canada Square

London

E14 5HQ

 

Also, how detailed should the schedule of charges be - each charge with the date, or total per year for instance?

 

Six grand - dirty b****rs!!

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LOL isn't is suprising how it adds up, I was flabberghasted at my 5k!

 

I used the Cananda Square addy for everything but some people have hand delivered to their branch, don't forget to do recorded delivery if you do post.

 

And as for the charges, listing each one is better I think. At any rate with the track record as it is at the moment you prob won't hear anything 'till you file your court claim!

 

At any rate, good luck and don't hesitate to ask, there are a lot of us here going through exactly the same thing!

 

Good luck

Babs xx

 

PS if I give you only one piece of advice....read the FAQ's 'till you are blue in the face, won't do you any harm!

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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Prelim letter sent - must have crossed with a charming letter from the bank to this effect;

 

Statement copies will begin to arrive shortly (already had them). Please provide us with a full and comprehensive list etc. Also, please find enclosed your cheque as we are happy to cover any fees for producing this information.

 

This comes from:

 

Ian Shepherd

Centre Manager

HSBC Bank plc

Harry Weston Road

Binley

Coventry

CV3 2TQ

 

To whom I have forwarded a copy of my prelim and schedule for his information.

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  • 2 months later...

Bank have kindly pointed out that they do not agree with my contention that they owe a bundle and have pointed me to the ombudsman. Am filing my claim form in the morning - having gone through all the letters in the recommended fashion (and saved up the £250 court fee) - but have a small query. Should my Amount claimed in the box in the bottom right corner include the S.69 interest?

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  • 4 weeks later...

my money says that they'll defend at the last minute, then you'll receive your aq and you'll have to file that too!!! oh, and they probably won't file theirs in time!!

maybe they will, mine was a large claim too, and they sent me a full offer the same day as i filed my aq...

good luck with it anyway

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

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Thanks Netty,

 

Just looked back through your thread (crikey, and many congrats) and am starting getting material for the AQ together. Looks like I will be making a few copies of my bank statements (270 pages!!) or come to think of it (D'oh!) the pages which have charges on them (50 or so). I have my schedule listing all the individual charges, but this doesn't state the reason for the charge being made. The statements do however. Between these do they satisfy items

 

-a) A schedule setting out each charge repayment ... and

-b) Copies of any statement or other document...

 

If I get myself totally preparred well in advance maybe I won't actually need any of this stuff (joking).

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i wouldn't start photocopying anything yet!! the bundle woudln't be needed for a good while yet and hopefully you'll get your dosh back well before then. all you're saying in your aq, when you file it is, that you have the documentation as proof and that you'd be willing to show it as evidence.

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

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there's full list of what you need - when you get to that stage here:

When you have filed your AQ................ (multipage.gif1 2 3 4)

but i'm with netty, don't do any of that until much further down the line - they will defend, you'll get an aq to fill in, and later - it may be necessary to gather the papers and copy it all - but that's a long ways down the line - lots can happen and hopefully you'll get an offer before you get to that point. read up, by all means, just don't do any busy work yet.

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OK - now I have the Notice that a Defence Has Been Filed and a copy of the Defence from DG.

 

I have until 10th April to file my AQ with the court. Presumably I can complete the form and send a copy to DG now.

 

My claim is for c£6450.00 plus court costs and interest (total £8k+). From the notes with the AQ I should choose fast track, but Nettyg indicated that small claims might be allowed - am I pushing the envelope too much if I go for the small claims option.

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it certainly doesn't hurt to ask - go back into netty's thread when she was filing her aq and look at what she put as to why it should be in small claims - emphasize that the pre-interest and costs figure is only marginally over the 5k limit - just look and see how she put it.

also, are you happy with the new strategy info - it's on here a lot how to do it - have you seen it or do you need it?

the step by step guide to filling out the 150 is around to -

let us know if you need any of it.

 

my advice as to when to file is - leave it until the thurs before (that's easter weekend - watch for court closures) reasoning - they could offer - so why pay the extra 100 which you will want back from them as well, also, dg has been making offers just before the aq is due, this is my personal take on it - others may differ.

 

robbie ship's aq is due the 10th also - always nice to have a buddy at the same point. he was just asking same stuff.

 

get back if you need those links.

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  • 3 weeks later...

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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General Form of Judgement recieved today, upshot of which is;

 

Unless the defendant files an AQ by 4.00pm on 24/04/07 the defence shall stand struck out and judgement be entered for the claimant without further order.

 

This is headed "NO AQ OR PTCL FROM ONE PARTY - ORDER OF THE COURT'S OWN INITIATIVE"

 

Concerning note at the bottom, to wit; A party affected by this order may apply, not more than 7 days after it is served on him, to have it set aside, varied or stayed.

 

I take it that there will be no AQ coming from DG as this means parting with actual dosh - any observations welcome.

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Courts have tended to be a bit lenient with DG when it comes to filing so I would expect them to file any day now OR they may offer, which is preferable. Either way you win as they will never step foot inside the courtroom.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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PO... THAT'S FANTASTIC - CONGRATULATIONS AND YOU FEEL LIKE YAHOOO'ING, YOU YAHOO AS MUCH AS YOU LIKE - YOU DESERVE IT:D :D :D

MINE'S A WHITE RUM & COKE

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

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