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    • I think it is only fair to make a suggestion - which can be freely disregarded and perhaps this is splitting hairs.   13. Furthermore, as per another letter dated 30th July 2021, the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’ I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in accordance with CPR 45.2 (Table 1). The fact the Claimant made no reference or justification for seeking legal costs above this cap - despite being legally trained - leads me to believe the letter was instead a deceitful attempt to intimidate the Defendant into payment rather than a justified claim for costs. I believe this omission, be it negligent or deliberate is evidence the Claimant has acted unreasonably towards the Defendant and the Defendant is therefore justified to make their own request to the court in accordance with CPR 27.14 (2) (g) to award their full costs outlined below to be paid by the Claimant.
    • Hi!   One point I forgot to mention in my first post, I was sent home after the first anniversary of the "First Written Warning" over the "soldering iron accident" that occured April 2020, and at the time I was sent home on enforced sick leave, the "two–shift coronavirus" shift system had ended and we were all back to being employed normal daytime working hours with everyone in attendance!   I did ask my manager/H.R. during the meeting of 26th May 2021 at which I was sent home, was this being considered a disciplinary matter again and I was assured, both verbally and subsequently in writing, that it was NOT, they called it "safeguarding!"   I have sent regular fit notes to my manager by way of my colleague Steve, who as mentioned, works at the same employer doing identical work to me, and will be collecting another note from the surgery tomorrow!   (As regards the c.v., I have had both vaccinations and during a recent admission to Walsall Manor Hospital about two months ago for mild pancreatitis, was tested again for c.v., which I assume came back negative as nobody came running about after me!)
    • Yes I see that under CPR 45.2 Table 1. While the court has the authority to cap the costs, I'm not sure that means the claimant is obliged to claim in accordance with table 1. It is simply that whatever they seek is likely to be capped except in the circumstances you state. VCS likely see it as a free bite of the cherry to claim £220, after all the defendant may - although probably not - act unreasonably and their claimed costs may - although probably not - get awarded. Anyway minor point and unlikely to affect the outcome - good luck.
    • Yes, legal costs are capped at £50 for the amount VCS are claiming.   They could only be awarded further costs if the judge decided the OP had behaved unreasonably in litigation.
    • Hi!   I work in Aldridge repairing industrial electronics PCB's.   In November 2019 I found I was starting to have difficulty with the vision in my right eye, that started off as distortion of vertical lines, and over the next three months this gradually got worse, until, February 2020, the vision in my right eye had got hazy to the point where I felt it was no longer safe to drive my car and I gave the car key to my friend Steve whom I live with and who works for the same employer as I do, doing an identical job to me.   I went to see my optician in March 2020 who examined my eye, she said she couldn't examine it properly and referred me to the Opthalmology Department of Walsall Manor Hospital.   By then the c.v. nonsense had set in and it was September 2020 before I got an appointment to be seen and after a detailed slit–lamp examination, it was decided to attempt to treat my right eye with YAG Laser Capsulotomy on the December 15th 2020.   This procedure was unsuccessful and I was advised at a further Appointment on 7th May 2021 that Walsall Manor were unable to treat my eye and were referring me to New Cross Hospital for a more major consultation, which I am still waiting for.   On 26th May 2021 I was called to a meeting upstairs at work with my immediate manager and HR via video, and told I was being sent home on enforced sick leave until after my eye was operated on with the more major operation.   I have been off work since 27th May 2021 and my manager and H.R. are refusing to allow me to return to work and I have exhausted my company sick pay.   At the meeting upstairs at work I stated that I felt I had adequate vision in my left eye to be able to do my usual duties and there was no need for me to be off work, but this was brushed aside!   How do I stand when, as in a case like this, where the manager/employer forces me to take a long and continuing sickness absence with no idea of how long it will go on for?   I do not know when New Cross Hospital will write to me regarding a consultation for the more major surgery my right eye will need!                
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Clare vs HSBC for £4,900- ** WON **


Clare1981
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Thanks Mike, I hope everything goes smoothly for you too! When did you get your offer and when did you fax it back? Your prob right about being in the same boat. When I rang she said 'the requests for payments' were being sent over that afternoon and she would put mine at the top of the pile so guess their were quite a few being sent over, chances are yours was in the same pile!! xxxxx

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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i sent the fax baxk on the 27th, but i dont think anyone it bacn till the 3dr now anyway, so will call then and see what happens.

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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Think the bloke said they were back on the 2nd, not that a day would make much difference! I bet yours was in the same pile as mine, they prob wait till they've got at least a few then they send them to the bank.

 

Mine was sent back on the Friday the 22nd and then came the weekend, xmas and boxing day so would have been no different to sending it on the 27th to be honest!!

 

Anyway, Im hoping for Tuesday or Wednesday so good luck for then!

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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This is amazing !!

 

I have been considering doing this for a while, but your story has completely inspired me to get started.

 

My only concern is they will try to close my bank account, any advice ?

 

Thanks

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and, so we can all jump in and help you along the way, perhaps start your own thread. that way, you can keep track of what you've done, like a diary and we will know where to find you when you need us.

first and foremost read the faqs and step by step instructions until you are very familiar with them. they will guide your every step: Newcomer? Here's A User Guide

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Think the bloke said they were back on the 2nd, not that a day would make much difference! I bet yours was in the same pile as mine, they prob wait till they've got at least a few then they send them to the bank.

 

Mine was sent back on the Friday the 22nd and then came the weekend, xmas and boxing day so would have been no different to sending it on the 27th to be honest!!

 

Anyway, Im hoping for Tuesday or Wednesday so good luck for then!

 

You are on EXACTLY the same time frame as me then. mine was sent 22nd and delivered 27th. I am desperate for my money, you tried calling them? i can never get hold of anyone!

23rd oct - sent data protection letter to halifax

08th jan - mcol issued.

13th jan - halifax served.

29th jan - halifax acknowledged claim.

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No money today either... if its not there by tomorow ill be ringing the bank!

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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Just rang HSBC, she said there were no 'pending' payments going into my account at the moment but the system can still update... this is unnbearable now... I NEED that money, I cannot go another day without a car!! LOL

 

If I want to speak to someone at HSBC regarding the payment who should I phone?!!

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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Hi It's Kathryn again, I have just read your reply, the court paperwork says that they put in their defence on the 28th November although it only appeared on line on the 28th December, the post was not there this morning when I left so I have got my fingers crossed that something will be there when I get home, like you I am really impatient, I could really do with this money at the moment. Do I need to send tham a copy of my statement of charges, will this help?

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Money in the bank today!! Wooo hooo!! New car here I come!!!!!! :D

 

Kathryn, hang tight, your soooo close now!! have you already sent DG the breakdown of charges? Im not sure how it works with the courts as I never got further than them entering a defence! But I think ive heard of people sending the BOC to the courts, hopefully someone else can answer this? Good luck for todays post!! xx

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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clare, i'm so glad you finally got your money - had visions of you walking or bussing everywhere with kids in tow and all. now, spend wisely girl and buy that cute kid a little treat! got there in the end.....a bit of a rocky road at times but you are there now. have a very healthy, happy 2007!

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WELL DONE YOU!! i faxed back my acceptance on the 27th, so hopefully i might get mine soon too. How long did it take for u?

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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that's why a lot of people want a cheque, so they can determine where it goes. i don't think they would call in the overdraft - not without notice - but it might be a good idea to get it down to a manageable level or else you might find yourself in the same boat again?! hope it comes tomorrow.

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Thanks Lats! The treat is that we now have a car and get to go out!! Woo hoo!!! ;)

 

Thank you EVERYONE for your help and support (and laughs!) Esp Lats and Steve who sadly isnt here to accept my huge thank you's!!

 

And good luck all!! Ill be around to see how your going!! xxx

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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Sorry boxxer, mine took from the 22nd so wont be long for you now I doubt!! xx

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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This my first post, and well done.

 

Started on the long road to get my money back about 2 weeks ago. Don't know what im gonna claim for yet because im still waiting for the 2nd batch of staments covering the first 3 years of the 6 that you can claim for. But im guessing the total amount will around £1000. Is it worth it?

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Yes definitely do it!! On top of your charges when you get to the court claim bit you can add 8% interest, it all adds up! You may be surprised to see how much your charges total, I was looking at about 3 grand and it was over 5 in the end!

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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