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Court proceedingswith HSBC taking a twist


blackambermay
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Hsbc for those wondering who is behind this one.

My account was closed in june without me being informed which has resulted in a complaint to FA.

On seperate issue I have requested, been denied and now issued court proceedings against HSBC for £1900 worth of charges and interest.

I have received a letter stating that they are prepared to pay me £1410 which quite frankly is a decent offer but to accept this I would need to be paid via cheque. I have written and sent a letter to state this.

 

I got a phonecall from FA today stating that HSBC had made a higher offer and that it wont be paid by cheque but towards a debt I have because HSBC would not take a payment for a flxi loan from another bank so trying to swap money from one a/c to another on pay day resulted in me being overdrawn.

I am already paying this to their debt collection and I have a default, which they will not remove even though I tried several times over the last year to arrange alternative payment.

 

The advisor that phoned me has said that I will not get any money from them via cheque and that if I go to court then as far as the judge will be concerned is that they made an offer and I turned it down which is not true.

Now I havent gone to the FA regarding these court proceedings so I am curious as to why they have contacted me over it.

 

Any thoughts?

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Well firstly it's not down to them to decide how you spend your money. Secondly, you are perfectly entitled to decline their offer, so quite what they are getting at there is beyond me. You only have to accept full settlement and even then you can specify how you want it paid. Do not be intimidated by them, I would reject their offer in writing on the basis that it is not the full amount and not paid in a cheque. Tell them that these are the needs that will need to be met in order for you to withdraw legal procedings, and then stick by your guns. I'm sure they will give you what you want.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Thanks for that. I was inclined to tell them where to go anyway, they seem to be using the Financial Ombudsman to try and frighten me. I am really disappointed in the FA for allowing themselves to be used like this.

Apparently I am going to get a letter tomorrow I shall post the contents on here.

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Financial Ombudsman are not on the banks side unless they tell the FO a break down of there overprices service fee lol

 

Exactly, you should find that the FO are currently offering the banks two options - tell us your real costs or settle in full. This is according to the guy in charge ;)

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Hi, Thanks to you two for your support, I am still waiting for the post should be any time now, and will def post on here contents of letter especially since the complaint to FO was actually over HSBC not giving us the the stat 30 days notice before closing account. I really want to know why he has got involved in the legal proceedings. I suspect its HSBC using him to try and frighten us into submission, but the way I see it we have already paid the £120 court fees so we dont really have much to lose by carrying on.

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Darn it, Post has just been and a letter from Fo hasn't arrived. However according to the conversation yesterday HSBC sent 4 letters. Now I could understand one going missing but four? I don't think so!

I could sit here now and write a letter and put any date I like on it. I seriously question HSBC's integrity.

And also if these letters of notification existed why didn't they send them when I made my first complaint?! None of this is sitting right with me and in case HSBC forgot fraud is illegal!

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Update*** Letter received today from Fo gave no indication of the call placed on tuesday.

I contacted the adjudicator at the FO who stated that HSBC gave their offer to Fo instead of replying to us.

HSBC have raised their offer to the full amount originally asked for not the amount sued (ie minus 8%) On the condition that that it is paid to the original debt.

Tempting offer, but they have refused to remove the default notice so damage has already been done. I have already been paying into a repayment arangement that was arranged with the debt collection who were pretty good towards me I have to say. So I have nothing to lose by paying the £65.20 per month until debt is clear. Default will not be removed either way.

They are indicating that we asked for the charges back and by them returning the money if we had it by cheque then it would be classed as a loan, I am not sure what they are getting at!

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No, it would be classified as them repaying the money they unlawfully took from you!

 

I suggest a letter to HSBC on the following lines:

 

Dear Sir/Madam,

 

Please note that I will withdraw my claim against you on full unconditional settlement of £xxx + court fee of £xxx + 8% interest of £xxx. at date of xxx.

 

Unconditional in this instance, means that it is not your decision as to how and where this money will get paid. Since you have chosen to close my account in June, the only way I will deem this claim settled is when you send me a cheque for the full amount, and that is has cleared into the new bank account I now use.

 

If this is not to your liking, I suggest you ask the judge to decide how and where the monies should be paid into on the day of the court hearing, and let him decide whether it is in fact lawful for you to decide how MY claim should be settled.

 

Yours etc...

 

...

The cheek of them. :mad:

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did you ask for default removal in your POC?

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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If you have asked for it in you POC I would strongly suggest you don't settle. If you do, even if you continue the claim for the default removal there is a chance it will be defended in court. This is just my opinion but pretty much the only way you will get a default removed is by submitted a claim for charges AND removal of default caused by the charges together. They will really fight the default, but they will have to give in unless they want to be in court based on the charges. Accepting the charges gives them a way out. They may try to tell you that you have to accept the charges only - you don't, you only have to accept a full settlement, ie everything you have claimed for. You can do something about this, don't be taken inby their assertions that you can't.

 

I would refuse their settlement and remind them that it also includes removal of default, then stick by your guns.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Adding to what has already been said, the default should be removed if it relates to the charges and you think you can demonstrate this to a court should it be necessary.

 

To make sure that the default is removed you need to make sure that you dont disassociate the charges from the default otherwise it could make it impossible for you to argue aboiut the default effectivley in court (read j2B thread for reasons why).

 

IMHO I would suggest that you accept their offer as partial payment upon the conditon they confirm in writing that they agree this is a payment on account whilst you pursue the balance of your claim and default removal.

 

As a claimant you have a duty to mitigate your losses so if they offer something then you have to be careful about rejecting it outright i believe.

 

This could be important if they offer the full amount of charges plus court costs and interest if they do.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Adding to what has already been said, the default should be removed if it relates to the charges and you think you can demonstrate this to a court should it be necessary.

 

To make sure that the default is removed you need to make sure that you dont disassociate the charges from the default otherwise it could make it impossible for you to argue aboiut the default effectivley in court (read j2B thread for reasons why).

 

IMHO I would suggest that you accept their offer as partial payment upon the conditon they confirm in writing that they agree this is a payment on account whilst you pursue the balance of your claim and default removal.

 

As a claimant you have a duty to mitigate your losses so if they offer something then you have to be careful about rejecting it outright i believe.

 

This could be important if they offer the full amount of charges plus court costs and interest if they do.

 

JMHO

 

Glenn

 

Is this not what happened with J2b though? I havent read the thread recently but I thought he accepted partial payment and this could not then be discussed in court, hence he couldn't argue for the default removal. Please correct me if I'm wrong.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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no I believe he had accepted a full payment of the charges and costs.

 

The important part of what i posted is that you aks the defendant to confirm in writing that they agree that it is a partial payment on account or similar wording.

 

Its extremly unlikley they will agree to a partial settlement on that basis especially not in writing, therefore there will be no partial payment/settlement.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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