stringernicy v HSBC ***SETTLED IN FULL***

[stringernicy]

Thanks for that info Lateralus, put me right if im incorrect, since I recieved their response making an offer 1 day after the deadline date and since they have not actually acknowledged my N1 can I push for a judgement. Incidentally, I sent a simple rejection letter [posted today 4-1-07]. Think Ive finally got the hang of this thread business.

[lateralus]

the offer and the claim have nothing in common - the offer was from hsbc - the claim is now filed and their solicitors dg have the say now.

yes, check again, if the dates are correct and they have not acknowledged - you can press for judgment. i suspect they will have acknowledged but contact the court tomorrow and see - and ask for judgement - as crusher would say - send in the bailiffs, accept nothing less than your money - one lump sum as swift as possible.

[stringernicy]

Thanks for that, I shall be at the court tomorrow, only round corner from work.

[stringernicy]

Went to court today to check if any acknowledgement had been made.

Absolutely none, tomorrow im sending them a letter giving them 7 days to pay the full amount or I shall enter a judgement. Im trying to avoid a set aside so I hope this letter will help me with that.

[stringernicy]

Letter sent by special delivery yesterday so theyll have it monday morning.

Im commited now

The only problem is Im going on holiday abroad for a week tomorrow, wont be back til the 15th, so Im not going to know if theyve responded or not.

[stringernicy]

AHHHHHHHHHHHHH!!! As you may have guessed I have won. I was on holiday last week and while I was away HSBC sent me a letter saying they have debited my account with the full claim amount plus the 8% interest.

They filed no acknowledgement or any sort of defence, although I did receive a letter from their solicitors saying that they hope the matter is concluded and asked me to inform the court of the settlement.

This I have done as the money is in my account, and they made some excuse that their client paid me purely for commercial reasons. Thanks very much to all the people who helped me through the last 4 months of worrying. Time for a donation I think.

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

[lateralus]

i do hope you mean they credited your account -not debited.

did they include the court fee as well? if not - get it back!,

if they did and you got it all - well, i'm as happy as you are - and all because they didn't acknowledge - gives hope to the rest of the claimers.

good luck to you, and spend wisely. congratulations.

[stringernicy]

Er, credited, that was it. Sorry Im so happy Ive turned into an oaf.

No they didnt include the court fee, yes I know youre right but Im so happy to have got back the claim money plus the 8%int after 4 months of trying its very satisfying as Im sure you know. I couldnt be asked to push further for the court fee, Ive been lucky enough to avoid their solicitors intervening, and anyway Ive now informed the court that the claim is settled. I think that you were right in an earlier message you posted, they must be bogged down so much with claims that theyre making mistakes, which is good for us. by the way thanks for all the advice you have given me its most appreciated.

[lateralus]

now, i'm going to put my foot down - it's not often that we get a victory - without even having to have an offer - this is going to be a piece of cake - just ring (or fax, or email, or write dg and say this),

while i am very grateful for your speed in paying the judgment on claim xxxxx, i wish to inform you that you have omitted paying the court fee. please rectify this omission (check that spelling) immediately by putting a further xxx (£125?) into my account within the next 7 days. (and here is the best bit). sign it, date it and under your signature put copy sent: xxxxxxxx court and DO IT - one quick letter for 125 - you can't tell me you make that much in a quarter hour???????

do it for me!!!!!! please, and let me know what happens - you owe me!!!!

ok. 'nuf said - do it!

[stringernicy]

Thanks for your reply Lat, I dont have a problem doing this except that Ive already informed the court that the claim is settled and DG solicitors sent me a letter asking if I would inform the court that the case is concluded plus they sent me a form to sign & date confirming that the case is settled which I signed. There were no other conditions such as me agreeing not to go through this process again, this I would not have signed. Youre going to tell me Ive cocked up now arent you?

[lateralus]

i'm going to say - a phone call to one or both (dg first, then the court)

the court intended for you to get a full payout, say to them, i was supposed to receive the court fee as well, was i not? - so, no, i've changed my mind - i can't believe it's not there - it must have been in plain view on the n1 - i'm going to say ring the court first, no, i've changed it again (i do this a lot!), ring dg tomorrow: explain that your claim was paid as they missed the acknowledgment and you've just realised that the court fee was not included - you are sure it should have been included, can we rectify this today - if they say one little anything about you signing, blah, blah - just say, that's fine - i'll contact the court myself.

then,,,, you ring the court, or pop down as you are so cozy with them (LOL), and explain to them - same thing, it should have been included, but wasn't.. .. you are entitled to that 100(it's 100 for n1?) or whatever it is and i'd be damned if i'd let them get away with it - they didn't file the acknowledgment - you get the court costs returned - i don't care who signed what - i'd be starting with a phone call, then a letter, and then i'd threaten another claim to reclaim the claim costs - honestly - it's the principle and i wouldn't let them get away with it - i, deep in my heart, think it an oversite rather than a calculated move. ask to speak to debbie and use a softly-softly approach but takes no prisoners.

it would be worth it to me - i guess it's up to you and your circumstances both personal and financial but heck, i'd go get it....it's yours.

 

p.s. i'm going to get someone else to pop over and look at this and see what they think>

[lateralus]

also, can you pm blueskies vbmenu_register("postmenu_254163", true); to get your thread moved to success stories.

i pm'd crusher to take a look-see above.

[HSBCrusher]

You can try to get this extra money back, but I don't think you can force the issue too much. It's one of those "suck it and see" things, ask nicely you might get it. If they say no, then I think you are just going to have to chalk this one up to experience.

 

Don't worry too much about it though, you took on the bank, you won, you have your five grand, well done!

 

Excellent!

[lateralus]

oh, poop! i thought he'd have some brilliant strategy! well, i'd still try for it - i'm hoping cool heads will prevail and a nice chat with debs or the court people will do the trick.

[HSBCrusher]

Nah... of course it's worth a go!

 

Just don't get too upset if it doesn't work out. String has done really well:D

[stringernicy]

Thanks you guys, I couldnt have done it without you.

I decided not to push for the court fee, yes I know they owe me but over the four months this has taken to be settled Ive found it to be very stressful plus I became very depressed during the middle period as I convcinced myself that I was not going to get my money.

The overwhelming relief I experienced when they did pay up {my daughter let me know over the phone while me and my other half were in madeira, there was very loud cheering over the line} was fantastic I felt that Id acheived something almost impossible and was so happy that it was all over. Im pleased Ive done it as now I can advise other people I work and socialise with who wish to take this path. Im a bit stuck with transferring my thread to success stories???????? THANKS AGAIN YOU GUYS, YOURE BLOODY BRILLIANT!!!!

[lateralus]

so were you!!!!!

you did it, you stuck it out, you wrote, you worked out the charges, you filed in small claims court, you dictated the terms, you got council and advice where available, you pushed for settlement and YOU GOT YOUR MONEY BACK FROM HSBC! Even got your thread moved! So, there Colin and Debs - another super win!

Well done, you!

[HSBCrusher]

Thanks for the nice comments!

 

We were here to help, but as lattie says, it was you that did the work... well done. Enjoy your win!

 

ANOTHER SATISFIED CUSTOMER....

[stringernicy]

HELLO AGAIN, just a quick question. Is there a link I can go to such as the HSBC link which deals with people claiming back from MBNA? I cant seem to find one.

[lateralus]

, MBNA

under all the banks, with other institutions.