declfc vs HSBC Help please!

[declfc]

Hi, I sent my two letters asking for my money back and had no reply within the aloted time scale. I am claiming for £1787 in charges and £176 in interest over the last 6 years totaling £1963. As i didnt get a relpy i went to the money claim web site and made my claim costing me £120, The total for the claim was £1963 + £542.98 at 8% interest, total £2505.98 + £120 court fees = £2625.98. The same day as claim was issued to HSBC i recievied an offer form my bank. The offer was £1500. They said they wouldnt pay any interest and thet they wouldnt be paying one of my charges as they had alreday refunded it to me in the past which i forgot about. Am in in trouble as my cliam is wrong as i have included a refunded amount in my claim, can i amend this? Should i take the offer? Should i write to HSBC declining the offer and ask for more money?

[steve_n]

Hi,

I think your worrying too much - firstly, they have in not so many words admitted liability by making an offer, so thet is good.

You could accept their claim that you have made an error and do one of two things-

Accept their current offer, saying you intend to claim for the full amount, but will amaned the claim with the court (this I 'think' will cost you £35) and continue as before, or you could say to the bank that you are prepared to deduct £30 + interest from your claim and now will accept the revised amount of £2595.98 so on this babsis £1500 is NOT acceptable

 

In a nut shell why should you accept over £1000 less for a simple mistake (assuming they are actually correct) we are all human afterall !!

 

I'm sure others will post and advise but that's the stand I think I would take !

 

Steve

[declfc]

Thanks for your reply, The bank have given me ten days to reply with and answer so you think i should write and tell them that this offer is not any good and ask for more money. Thanks again for your help steve. Any other views would be great thanks before i send letter tomorrow Thanks all. Cheers. When at the court stages is it right that i can claim both the standard interest in my charges + a further 8% interest on top of that or just one or the other?

[steve_n]

You need to accept their offer withinthe time limit, but point out that you are still continuing with your claim for the full amount - if you wish to 'slightly' amend this, that should be ok, but you will need to bear this in mind if it goes all the way to court (which it won't)

 

Have a trawl around as many threads as you can there is bound to a be copy of suitable treid and tested wording for a response to them.

 

remember as they have already made an offer it is highly UNLIKELY to go to court, it would be a brave bank that stands in court trying to defend having already 'admitted guilt' by offering to settle

 

Banks seem to follow no logic whatsoever !!!!

[lateralus]

here's the link: just tweak it to your needs Rejection of settlement offer

i agree with steve - put in a paragraph about that charge and how you are prepared to accept 2625.90-the charge =

you are dealing with hsbc at this point - now that your claim is filed - any dealings will in future come from their solicitors: DG.

 

just change that third paragraph to tell them that you have already filed and would be prepared to halt your claim when you have received the full amount has been refunded to you.

[declfc]

Ok gonna post letter tomorrow morning, anymore thoughts from anyone bofore i do?

[steve_n]

Nope, thinks pretty much covered it . . send recorded obviously, umm, and join the que waiting for your money back LOL

 

Oh, almost forgot, GOOD LUCK

[Clare1981]

Good luck!!

[steve_n]

Oh yeah, the very BEST of luck declfc !!

[declfc]

OK HSBC have entered a defence!!! What do i do now? Could some have a look over my defence for me to make sure i havnt made any big mistakes befor it goes to court!

[lateralus]

what is the deadline for your aq?

also, did you ever send dg a copy of your breakdown? if not, send it - today if possible - or fax it but get it there asap. when you know it's there - call them and ask politely if they have received it. so, now you have received a notice of transfer to a local court?/ also a copy of their defense and your aq.

depending on when you aq is due - hold off - but don't miss the deadline.

so, firstly - have you sent dg a breakdown, and what is your aq deadline?

when we get that far - you can post your defense and someone will take a look at it

this may help:Allocation Questionnaires - A guide to completion

get back to us.

[declfc]

Ok the deadline for my aq is the 24th of Jan.

I am sending D+G a copy of my breakdown today. In my breakdown i have claimed for my £120 MCOL fee do i also claim for my £100 pounds court fees? Can you please get back asap as i need to send off the letter to D+G. cheers.

[lateralus]

deadline 24th, leave the aq for the moment. just get that breakdown to dg pronto, then call and see if they got it.

[declfc]

In my breakdown i have claimed for my £120 MCOL fee do i also claim for my £100 pounds court fees? Can you please get back asap as i need to send off the letter to D+G. cheers.

[Meff]

By "£100 Court Fees" what do you mean? The £120 MCOL is the court fees, the £100 you mention is that for the Allocation Questionnaire? If so, if you've paid it then include it, if not then not. There are some threads around that cover using this as a tactic to speed up D&G - "Pay me now or I'll file my AQ and you'll owe me another £100".

 

Was this what you meant?

[declfc]

I havnt paid it yet but i will have to pay it. It says 'where the calim is over £1.500, the court fee of £100 is to payed to Yeovil County court.' I dont understand what you mean?

[lateralus]

you can't claim until you've actually paid it.

the claim is as it stands right now - charges plus interest plus court fee.

if (and i should say IF) you need to file the aq - we are holding off for the moment - you will need to pay 100 and then we will put it onto the claim - not until then - so the claim stands as it is for now. hopefully they will pay up before the aq so you can't include it - if you end up paying it - we will then send a little note to dg and add it on, but not now - clear????

[declfc]

Yes clear, breakdown was sent off yesterday to D+G. Do I have to do anything at the moment apart form ring them in a couple of days?

[declfc]

Oh one last thing in my breakdown to D+G was i ment to include Compound interest as it has not yet gone to court?

[declfc]

I mean the contractual interest at 8% taken from s69 county courts act 1984

[lateralus]

that's all added into your claim once you file the mcol if i get what you are saying - just sit tight for the moment. in one or two days - ring dg to see if they received your breakdown. just see what they say. they need the breakdown before they can make an offer.

[declfc]

I have already filed the mcol? Should i include the contractual interest in my breakdown to D+G??

[declfc]

I have already filed the mcol? Should i include the contractual interest in my breakdown to D+G?? could you reply asap?

[lateralus]

you are saying contractual interest - but it isn't ci as that is around 16%. some did claim that - but it takes a good bit of looking into before it is attempted. let's just call this the 8% court interest. presumably you ticked the interest box on the mcol and also put it into your particulars if you followed the template - so no need to tell dg. it is a part of your claim.

when i advise people to send their breakdown to dg i often say put in a little equation for them charges + court interest + court fee = total.

this is a quote from your very first post on this thread:

£1963 + £542.98 at 8% interest, total £2505.98 + £120 court fees = £2625.98. put that and reference your court claim number to dg. then get back to them shortly and make sure they have it. so it's a copy of your breakdown with a little cover note, ok. get it to them asap.

[declfc]

I got offered £2300 for DG solicitors today and im taking, how do i now stop court procedings? Id like tp thank everyone who helped with my claim and the people who run this site, you made life much easier. how do i make a donation?