Kopella v HSBC ***SETTLED IN FULL***

[Clare1981]

Good luck!! Keep us posted!!!

[Kopella]

thank you ,i will, am starting to feel very nervous now lol

[nettyg]

Hi Emma

 

I wish you all the very best - fingers x'd eh

 

Netty:cool:

[Kopella]

ok can someone please give me a second opinion on this letter, the deadline is wednesday & i need to send this today so am nervous & worried & excited & confused lol

 

the letter i have drafted (which is pinched from Crusher & edited... hope thats ok :o) is below & am almost about to fax it, will this be ok or are there any major flaws which i am unaware of??

 

 

Dear Sirs,

 

I thank you for your letter dated 7th December 2006.

 

I wish to accept your offer of £1701.63 as an instalment towards the full amount owing. Only when the total claim of £1814.63 is paid in full will I cease my court action against HSBC. Also I am fully aware that I am under no obligation to accept any conditions imposed by HSBC in relation to this claim, and request that if a further offer is made previous to the court deadline, these conditions are withdrawn.

 

I am entirely confident that the charges imposed by HSBC are completely unreasonable, and that a court would agree with this statement.

 

I trust this clarifies my position.

 

Kopella

 

 

 

Will that be ok???

[Kopella]

Hi Emma

 

I wish you all the very best - fingers x'd eh

 

Netty:cool:

 

Thank you very much, mine are crossed too . If all goes well over the next few days now I will be soo happy, the feeling that I have finally got payback for the horrid financial state they put me in years ago, I cried for weeks on end because of the state their charges put me into financially & thought there was no way out, this feels sooo good. Am still very scared though lol

[nettyg]

Emma, i only got the ball rolling on my charges after my a tax credit of £50 which i was very very dependent on, went in to my bank on the same day as they decided to take yet another £125 out!!

 

Stick with it... we can all do this PAYBACK TIME!!

 

Netty

[Kopella]

Emma, i only got the ball rolling on my charges after my a tax credit of £50 which i was very very dependent on, went in to my bank on the same day as they decided to take yet another £125 out!!

 

Stick with it... we can all do this PAYBACK TIME!!

 

Netty

 

Isn't that so upsetting, is exactly why i'm being pedantic. Thank you, I will

[Kopella]

Please can someone double check this with me, please please lol, i want to send it today if poss

ok can someone please give me a second opinion on this letter, the deadline is wednesday & i need to send this today so am nervous & worried & excited & confused lol

 

the letter i have drafted (which is pinched from Crusher & edited... hope thats ok :o) is below & am almost about to fax it, will this be ok or are there any major flaws which i am unaware of??

 

 

Dear Sirs,

 

I thank you for your letter dated 7th December 2006.

 

I wish to accept your offer of £1701.63 as an instalment towards the full amount owing. Only when the total claim of £1814.63 is paid in full will I cease my court action against HSBC. Also I am fully aware that I am under no obligation to accept any conditions imposed by HSBC in relation to this claim, and request that if a further offer is made previous to the court deadline, these conditions are withdrawn.

 

I am entirely confident that the charges imposed by HSBC are completely unreasonable, and that a court would agree with this statement.

 

I trust this clarifies my position.

 

Kopella

 

 

 

Will that be ok???

 

Any changes i should make??????or should i just accept the offer they made without the conditions

[steve_n]

Looks fine - personally I wouldn't bother with teh "withdraw the conditions part" just cross them out and counter sign, they can't ever use them in any way against you if you do that.

 

My guess is it's a 'standard' template they print and send out and they may actually not be able to 'delete' that paragraph - it may just make things easier in the long run.

[Kopella]

Looks fine - personally I wouldn't bother with teh "withdraw the conditions part" just cross them out and counter sign, they can't ever use them in any way against you if you do that.

 

My guess is it's a 'standard' template they print and send out and they may actually not be able to 'delete' that paragraph - it may just make things easier in the long run.

 

Yeah, I guess you're right. Was unsure whether to put that, I think i'll go fax it now .

 

Thank you xx

[steve_n]

You're welcome - we're all in this together

 

Steve x

[lateralus]

i just read your thread - and as it is only basically the court fee missing - i think that would be worth a phone call to dg first thing in the morning - asking for whomever sent you that letter - my approach would be,

a cheerful "hi", this is ..... and i was just wondering whether you had realised that you have sent me an offer which is for the full amount but just not including the court charges - i thought perhaps it was an oversite on your part. I'm very happy to accept your offer with the court charge added on - I was just wondering was it maybe overlooked - that particular part of my claim? i have already sent you a fax accepting your offer as a partial payment but i just felt maybe it was an oversite and we could wrap this up rather quickly.

see what they say - i'm going out on a limb here - but i think they might offer it to you then and there - - if they say, oh, yes, it was an oversite (whether it was or not), have a fax number handy - they could fax you a new offer and you could fax it back within literally seconds.

 

i'm basing this on the fact that it's very unusual for them to have offered everything but the court charge - it may well have been overlooked.

you won't hurt anybody's feeling by making a call - and it might do a world of good - if they don't bite, you'll still have a new offer in about 1 week if history holds. good luck, call.....

 

 

just look at this: any chance that happened???? you didn't actually put the court charge on the breakdown? if not, don't worry, as it is a part of your claim -you would just need to send them a revised breakdown. just wondering if that was at the bottom of why they didn't add it.

lateralus vbmenu_register("postmenu_425365", true);

Classic Account Customer

 

Join Date: Jun 2006

Location: hull

Posts: 302

 

 

Re: LoveTheDam v HSBC- mcol acknowledged

i've just read a couple of threads where dg has offered the claim but without the court costs - i think this may be because at this point - where you are now - you need to actually send a letter - pointing out that you have filed, here is your claim, and you look forward to hearing from them and you are enclosing your breakdown of charges - on the letter then: put a little summation:

charges xxxx.xx

plus 8% interest added to the claim: xxx.xx

plus court costs: xxx.xx

TOTAL: xxxx.xx

 

i'm thinking these other couple of cases may have just sent the breakdown and not put the court costs on.

vbrep_register("425365")

 

 

sorry to keep adding to this - i see i said on the 6th you should send your breakdown to them, i'm curious to know if you did send it and that has precipitated the offer. and did you include the court costs on it?

[Kopella]

Thanks for the reply, I didn't actually send a breakdown last week as i thought i'd give it til the end of the week & the letter offering payment arrived on the friday, I tried faxing DG this morning but the fax wasn't picking up earlier, may have been out of paper so i called instead. Was no answer there either, only a voicemail. I outlined the situation on the voicemail and left my number for her to call me back. I have an exam now til 12.30 so have got to go to that but if i haven't heard anything when I get back i will do that breakdown letter instead as that seems like a better idea. Can I just check, in the particulars of my claim, i stated that contractual interest would be charged up until the date of a settlement or judgement, and so in the breakdown, that would be with the interest total up until todays date right???

 

Emma x

[babsp2000]

Emma, she's out of the office 'till friday... I just called, try Alan Burden on 0121 455 2206

[Kopella]

I rang Alan Burden & asked him but the girl I have as a contact is apparently in so I tried her again, still got voicemail so i've faxed my revised letter across & left a voicemail confirming that the fax has been sent & leaving a contact number.

 

I went to make myself a brew & had a missed call with no number whilst I was away which I think may have been the solicitors, I tried returning the call but there was still no answer so I shall leave it now, The reply has been faxed outlining what offer I require to settle out of court & so either they respond or I wait until tomorrow. Why do I feel very nervous, should I be afraid?? I've seen deal or no deal & it worries me lol :o

[Kopella]

Well they didn't respond today, I'm quite scared now... what if they decide to defend because i didn't accept. & I am fully aware that I may have to go to court & am prepared to but it's still scaring me, what if they urm decide i'm the one person they're gonna stand up too & make an example of , surely if they were gonna do that they wouldn't have made an offer right??

[lateralus]

this isn't deal or no deal. look at it this way - if they really and truly felt they would win in court, blah, blah as their letter undoubtedly says (they all say that), then why would they be offering you that amount? i still feel that the omission of the 120 was an oversite, if you don't get any joy from them by phone - go ahead and send the accepting the offer as partial letter you wrote - if nothing else it will serve to bump you up again - i think this sticking patch will be over shortly and you will soon have your money in full. try to get an actual person again tomorrow - calmly explaining again that you feel that the exclusion of the court costs was probably an oversite, and if you get no joy - send the letter. nearly there!

[Kopella]

yeah, I do believe you, but I have a horrible feeling... i'll try with them again tomorrow

[lateralus]

stop reading other posts if you are getting a horrible feeling- yours is the only one that counts. you've been made an offer - weeks ago we were saying if you get an offer during this stage - you are only one week and one letter away from the full offer. so, i'd say what i said above, try again tomorrow, then send that letter. we've said all along - when that date arrives - they will send in a defense because that's how they work - if they do, they do, but it isn't relevant at the moment - you are in direct negotiations with them (the offer!).

[Clare1981]

Keep going, you'll be fine!! What Lats says is spot on!!

[babsp2000]

She does speak the truth and in a very calming way.....again Lattie, thankyou. Babs

[fatboydukey]

Good Luck kopella we are all rooting for you! Its in the bag!!!

 

Fatboy xx

[Clare1981]

Keep us updated, Im waiting on tender hooks to see what happens!! xx

[Kopella]

ok, well still got no answer on the phones, they seem to be on constant voicemail at the moment, I faxed the letter yesterday so they have the breakdown & are aware that to settle out of court simply requires them to offer the court costs also, which is £120 difference. I've just checked on MCOL & they have now entered a defence so do I just wait now? I know you say i'm in direct negotiations & yes, they have offered, but they seem impossible to contact & have not called back after I left 2 voicemails so do I just leave it now & assume they have received my letter? & go along with procedure??

[steve_n]

Keep the 'negotiations going and also keep going with the claim until you are either happy with any 'offer' OR you receive full settlement