Andy B v's hsbc About Ready to go.....(ish)

[lateralus]

whatever shows the charges plus any interest that you are claiming for plus the 8% interest plus the court fee. the 8% should have everything on it, right? so, that one, with a little cover note referencing your claim number. so, sentence ok except add claim no. xxxxx against hsbc.

i like to include a little equation on dg's charges + interest+ court fee = total claim (insert numbers!)

[andrewjb2]

Today I have received a letter from HSBC, not DG offering to settle my claim, The letter is in response to my prelim letter of the 27th November 2006.

 

The letter doesn’t mention my court claim or DG Solicitors

 

The value of the offer amounts to 83% of my original claim excluding interest on charges as the bank ‘does not accept this is appropriate and therefore our offer of a refund does not include any interest.

 

My court claim was issued on 9/1/07 and acknowledged on the 11/1/07. I have heard nothing from DG or the court since acknowledgement.

 

What should I do now? The total value of my claim with fees and 8% interest is now around £4500.

[Mertmorris]

Hiya I'm in exactlt the same position as you and "Hairymary" has recieved a partial offer from HSBC this morning too, I claimed for £3480 originally but is £4124 with mcol fee and interest. Not sure what to do, always said I'd go for the whole lot but they've offered £2967 and my baby's due in a few weeks.

[andrewjb2]

I want the lot! Just a little confused about the letter, Its almost like the right hand doesn't know what the left is doing. It is almost like they are unaware that I have taken court action. If they are just trying to confuse me, there doing a pretty good job!!!!!

[Mertmorris]

As far as I can gather, I think that's exactly what it is - I think these letters are replying to our LBA's. I'm gonna go for the lot - just scared.

[hairymary]

At same point as you andrew but also recieved letter from MCOL on fri transferring to a local court. From trawling the threads i decided to write back to langdon saying yes pls but no thanks in that i will accept the money but not full and final settlement and am proceeding with court claim and will only stop claim when cheque in hand also sent off AQ and letter to DG with what i am proposing and requesting the courts to do as set out in the reclaiming thread. Good luck.

Tis funny though as you said right hand aint got a clue! with a bit of luck they will both pay out

[nettyg]

i think you'll find that it's the sheer volume of claims that hsbc are receiving that they can't keep up with us - so no, the left hand aint got a clue what the right hand's doing lol... shame

good luck you guys

stick with it

netty

[lateralus]

i know i'm a bit of a sceptic but i think several things happen - and one of them is you file your mcol and it triggers a response from an old letter offering what you would have accepted a week earlier - now, i think you file your aq and get a letter - what - you are telling me they are just now responding to a letter from november! bolxxxks! they are playing with your mind - you think omg! i better take it - it might be all i'm ever going to get. it is working then, isn't it???? send the rejection template letter with a little, "as you well know, I have filed a claim against your bank (claim no.xxxxxxxx) on xx/xx/xx and as such it will require xxxx.xx to settle this claim. i will halt the court action when i receive that amount!"

[andrewjb2]

Cheers, Haven't even filed an aq, heard nothing since the acknowledgement. I I sent the copies of my schedule to DG and Northampton Court as advised and nothing until this letter this morning. Also by my reconing the 28 days is up on Friday....

[andrewjb2]

LOL.

 

Just checked MCOL. The status has changed to 'defense' at some point between 14.00 and now.

 

Funny how its changed today, me thinks the right hand actually does know what the left hand is doing!

 

Funny thing is the letter I received today is post marked glasgow.....

[lateralus]

see what i mean - it's a little too coincidental for my liking - methinks they are trying to scare you off - same thing they have been doing since day 1 - get you to go away without your money - but,,,,,,you've been watching and you are on to them and you will go away - with your money as soon as they see fit to give it back to you!.....offer good for 10 days - but, if we are correct that it's a domino effect - send the template - rejection letter and add something like - as you well know, i have filed a claim against the bank, claim no. xxxxxxx and will gladly halt the court action when a cheque for £xxxx.xx is in my hand.

[andrewjb2]

Letter will be typed first thing in the morning! just the aquistion to get my head around now as im sure that it will be popping through the door shortly.

 

Time to start trawling the boards again for my next lesson.

[lateralus]

Rejecting Offers letter number 4.

 

in a couple of days you will receive transfer to local court, a copy of their defense and allocation questionaire. let us know your aq deadline. that's the most important part. we'll put all the aq stuff here for your to look at. the aq itself is pretty straight forward.

i personally think this is the time to start hounding dg - with "did you receive my breakdown","i see you have filed your defense, is there anything i can do to help you when you are looking at my claim", "you know i will be filing my aq shortly", "can you tell me how far you are with looking into my claim" anything to bump you up and get them to look at your stuff. ring, e -mail, fax, skywrite, whatever it takes. a lot get their offers just before the aq would be due - that's the goal now - if it goes passed that - ok, we deal with it - but try to weasel an offer out of them at this point. (a full offer!)

don't jump in with the aq - i think that's a mistake - it gives them no incentive to do anything with your claim - keep the aq until it is almost due - gives you tiny leverage to bring to bear - others say file it straight away - but i don't see the point. ok, nuf for tonight.

[andrewjb2]

Thanks Lateralus, a great help as ever.

[lateralus]

you're welcome. nighty, night!

[andrewjb2]

Does this reply look ok:

 

Response to settlement offer

 

Dear Mr Langdale

 

Thank you for your letter dated 29/01/07. Your letter was received 06/02/07 postmarked in Glasgow on 05/02/07. I respectfully decline your offer of Full and Final settlement.

 

As i'm sure you well know, I have filed a claim against the bank, claim no. Q****** and will gladly halt the court action when a cheque for £****.** is in my hand.

 

A further schedule of my claim was sent to DG Solicitors on 25/01/07 using the Royal Mail Recorded Delivery service. I will also copy this letter to DG Solicitors.

 

 

 

I trust this clarifies my position.

 

[nettyg]

sounds fine andy.....

[andrewjb2]

letters sent and received allocation questionnaire which has to be returned before or on the 25th February.

 

Any advise on filling it in?

[nettyg]

hi andy

 

sending you a link....

 

Allocation Questionnaires - A guide to completion

 

New strategy for Allocation Questionaires

 

happy reading!!

[lateralus]

first link is a step by step guide to fillng out the aq and second link - it's posts 2 and 3 you need, specifically. for section g on the aq, use the wording on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link making sure to add your name and court claim number to all pages.

simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

so, good luck and all this prodding is towards dg - the bank is out of the picture at this point - you deal with dg.

[andrewjb2]

I have received a letter today from DG offering settlement. The have struck off a couple of charges prior to 9th January this year, which I expected.

 

My total claim with court fees interest etc was around £4.5K they have offered £4k. I'm not sure what to do. below is what they have written:

 

"We are at a loss to understand why you have sought to recover, what appears to be, overdraft interest from out client and, in addition , 8% interest per annum upon the interest. Please confirm to us the legal basis of your claim in relation to your claim from our client of what would seem to be overdraft interest applied to your account.

 

Our Client's interest rates are well publicised in respect to both formal and informal overdrafts. You appear to be seeking a refund overdraft interest. It is of course, a condition of your borrowing with our client that you will pay interest at the agreed rates on that borrowing. As such there is no question of our client refunding the interest applied when your account was overdrawn."

 

Is this a new tactic of a tried and tested formula from DG?

 

It goes without saying that the usual 'without admission,' 'strictly confidential' text is included.

[nettyg]

andy, have they included the court costs in the offer?

[andrewjb2]

They have yes.

 

from letter:

 

"This offer is in relation to all charges, for the period claimed, interest at 8% per annum in accordance with the courts statutory rate, and court fee in the sum on £120."

[nettyg]

not sure then... i'd think that this was going to be their final settlement figure. pm a mod see what they say.

 

mods names in red at the bottom of the CAG page where it shows who's online

[andrewjb2]

haven't seen this approach on other threads, done a search and couldnt find anything. not sure what to do now.