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

[lateralus]

hi andy, read this:

Sticky: Charges description on statements - Please Read

then try my post to honey on this thread HONEYGIE sees you HSBC!

honeygie

 

 

as for the address, local is fine for now. remember to send all post recorded delivery.

so, give it a go and if you still don't get it - get back to us. really, we've all been there.

[lateralus]

hope you found the hsbc main address at the bottom of all your statement - head office, canada sq. is the address to use.

if you used the spreadsheet (simple) one, it will have figured the 8% for you.

go ahead and include that first charge - it may get through -or dg may strike it - but go ahead and include it.

and yes. tick, yes.

the particulars is the hardest part - simply because of the limited amount of space they allow you - try looking at the template just below the library section above. if you still have probs, i'm happy to pm mine to you as another example. we aren't supposed to just put them on here - but i'll pm mine to you gladly.

anything else? (most important part - don't laugh - get yourself as claimant and hsbc as defendant - some get it the other way around!

[lateralus]

you will shortly (a couple of days) receive a notice of issue from the court - use the date on that to count your days, they have 14 to acknowledge - which they most likely will, you will then receive a notice of acknowledgment (by the way, this gives them another 14 days, so that's 28 in total), but on the ackn., pg 2 they tick their intention to defend in full, at that point - send the court 3 copies and dg solicitors (acting for the bank) 1 copy of your breakdown - on both: reference your claim number. use the addresses in the acknow. the court in nottingham and dg's address. that's all you need to do for the moment.

[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!)

[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!"

[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.

[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.

[lateralus]

you're welcome. nighty, night!

[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.

[lateralus]

it's about 10 days ago i first read those words - i know of at least two off the top of my headand i'm sure i've seen others with this wording and one of those has taken the offer but for personal reasons - needed a quick finish. the other, just sent a rejection letter, that was last week, but as for yours- i didn't want to just tell you what i thought - so i have pm'd a question about that - whether to just reject or to try to explain the reasoning behind claiming for the o/d interest - (which isn't difficult: the portion of overdraft interest which was incurred due to the applying of unlawful charges is also reclaimable - it's not rocket science) but what to do about the offer just reject or send some wording about the o/d interest? - as i started to say - i've pm'd 5 of the brightest sparks around and will get back to you with what i get as soon as.....

[lateralus]

ok, 2 out of 5 back to me so far and it is as i thought - IF, you used vampiress' spreadsheet to figure the overdraft interest - you will only have been claiming for the portion of o/d interest which was applicable to the unlawful charges and as such - the advice would be it is reclaimable just as the 8% is reclaimable, so, send the rejection letter and sit tight.

now, i'll try to clear up whether to tell them or just send the template letter tweaked to your case. i'll get back to you.

conversely, if you didn't use vampiress' s/s and/or claimed all the overdraft interest that had been debited - think you'd better take the offer. ok so far?

[lateralus]

that's 3 out of 5 now - saying the same thing - that those charges done properly are reclaimable. still toying with what to write back - a total rejection or accept it as partial and state you are confident in what you've asked for and the clock is ticking.....

if you read all the threads - you'll see another one tonight where i've had to explain that you can't just total up the o/d charges and reclaim them.

i'm confident you've done it correctly and i think were it my claim - i'd put a little something in there like, "you will be aware of the fact that overdraft interest which was caused solely by the application of the bank's unlawful charges is reclaimable and it is that portion of the overdraft interest which I am claiming in this action." or something like that. you seem a clever chappy - you get the drift. (always polite, but firm in your resolve - take that approach),

hang on another day if you want my final verdict - but i think we see where this is going.

[lateralus]

back later today - don't stress - although i don't think you are the stressing sort!

[lateralus]

well, that's it then - the definitive answer - thanks, you guys.

 

one more thing, andy, in my haste.

ring the court, tell them bank has made an offer, you are negotiating and are hoping for a quick resolution so could you please have an extension on the aq deadline - they may want it in writing, but they will do it - that's important, to keep that side going until you have the money - the extension in the way to go.

nearly there!

 

i'm having a rethink and wondering if you should press dg on your aq deadline. yes, i think put a line or two about how your aq is due imminently and if you haven't heard from them by Friday, you will be filing and it will then require another £100 to settle your claim.

 

hold off ringing the court until frid - and if they say yes, to the delay, ok , if they say no, then you will have to file and worm another 100 out of dg.

also, your letter won't get there before friday - could you do it and fax it and ring dg. i think it's a very close call, is your aq ready? i totally believe you'll be settled very soon but you can't hold off on the aq (they seem to get a break of one week or more by the courts but i wouldn't chance it,) pm a mod quickly if you want a firmer opinion. but i'm pretty sure - dg tend to act pretty quickly on the second offer - i think a weeks ext. would cover it. so ring the court friday before 4pm.

[lateralus]

and just so you know andy, that's all 5 of the bright sparks i asked back now with same response.

good letter! are you going to ring the court friday and ask for ext. or go ahead and file and then worm the extra 100 out of them?

[lateralus]

still got it on the computer - just amend and send (by e-mail or fax perhaps?) with a quick, note of explanation. no harm done - but fix it.

 

[email protected]

Fax 0121 455 2150

[lateralus]

i've seen your post and i'm not sure, so i'm bumping it.

HELP, PLEASE!

[lateralus]

i'd pm phoenix, crusher, bong and a couple of others to get around and take a look if i were you. gary h, lively lad and hagenuk are also good for getting an opinion. any of the mods and site helpers - you need some feedback - send a pm with a link to your thread and ask for their advice.

[lateralus]

i think to scare you off. personal opinion here - make no mistake - they know by the letters who is getting their info on this site - it may not make a big difference to the coffers if they can get you to take a bit less - but they KNOW that it has a knock on effect (oooooh, did you see that - that's scary i don't think i'll bother after all, ooooh , i better take the first offer they come back with no matter what - i couldn't be doing with all that), i'm not trying to put any pressure on - but i think at least in part - it's to scare off every person reading your thread - look at your thread today - 637 views to date. how many of those are going to back off if they see dg being stubborn - conversely - how many will see it through if they see you go on to stick it to them. you've got some power behind you here - think if you were going it alone - unless you thought you were some frustrated lawyer - you'd have caved by now, right? you had that first letter and i asked 5 people to take a look and give a thought - how many did - 5! (i got pm's back from all 5). i'm just trying to tell you, i think you can do this - and aceades too - hope you are watching!

use who you need to to get what you need to stick to it. me, i'm in charge of the prayer circle!

[lateralus]

with all this offer action - i haven't asked for a bit - is your aq ready to go - it's due 25 feb? will need to get it in. have you filled it out? seen all the threads with the new strategy and all? i think it's important for you to do it - as you've not accepted an offer - ask if you have questions regarding filling it out - or have you already done it?

[lateralus]

andy, any word? did you file the aq? i've been thinking about you and wondering how it's going..........even if you decided to take the offer that was on the table - will you let me know how you are doing either on here or a pm.