traceyjsmith v HSBC ** WON **

[lateralus]

if you want wording for unless letter - try bong's t hread last post or two.

still trying to get answer on when - but can't hurt.

also, try ringing dg again today - i still think you can bug them into action.

 

i feel like they are all just sitting there watching them all go to aq - having nervous breakdowns or whatever - maybe they'd like to clear a few out - try it.

[Guest bong]

hi there

 

I've pasted guidot's letter in here from my thread so its easier for you to find

 

I think you are after a letter to send to the court

'The last date for filing the Allocation Questionnaires was the x, the Claimant filed this document on the x, however it is understood that the Defendant has yet to file the same.

 

Accordingly, it is requested that the court issues directions to the effect that the Defence is struck out without further order and judgement entered for the Claimant, unless the Defendant issues the Allocation Questionnaire within 7 days.'

 

no need to wait I'd say, but if the court's snowed under it might not get it done any faster.

[traceyjsmith]

Thanks guys I will phone DG again today & my husband is going to fax the SOC twice a day so that they take some notice!

[traceyjsmith]

Just phoned DG and actually spoke to Kate Eaves. She wanted to know where I got her phone number from so I informed her it was from the very helpful people on this website HeeHee! She said that an offer letter was sent on thursday 1st feb HOOOOORAAAY only problem is I have not had it. She said she will look into it and if necessary send another. Fingers crossed I might get it today, just a shame that the postman doesn't get here until lunchtime. Will keep you posted.

[Guest bong]

great! keep passing the phone numbers around everyone.

[traceyjsmith]

Just got home and found an offer letter on the mat. Not the full amonut though, they say that I claimed for 2 monthes too many which is not true I went back to october 2000 as that is when i sent the data protection letter, which I think is wrong but my initial request for payment was sent 14 nov but DG have said that I can not claim from before dec 00 is this right or are they taking the mick?? They also will not pay up for stopped cheques & spec presentation, so all in all they have dropped £117.80 off my claim. I don't know what to do, I am tempted to take it but am a bit annoyed about the nov 00 charges any advice????

[HSBCrusher]

The 6 years counts from when you put in the court claim (a tad annoying I know), and stopped cheques are a fee that are not a reclaimable penalty charge, so I think you have just had an offer for the full amount!

 

Congratulations!

[Guest bong]

you aint gonna like this tracey...

 

stopped cheques and specials are valid fees.

 

they are also right in saying that the charges for oct and nov fall outside the statutory 6 year period as the relevant date is 6 years back from issue of court claim. there are arguments for challenging the limitation period as you probably have noticed around the forum. but this will require work and you would have to wait quite a while longer to resolve it and there is no guarantee you would win your case for that bit of the claim. they may even go to court over that issue in which case you would have to be prepared to wait until the hearing to get your money, and only then if the court agrees with your case.

 

then again for £100 odd they may not bother to go to court over it and one extra letter saying you don't agree might result in a payment. Its a tough decision but if you don't fancy going to court then I'd say accept the offer.

[flunky]

this is ahppening a lot see last few posts on bongs thread and mine.

 

It is looking as though you can only claim 6 years back from submission of MCOL. They did the same to me. Not sure what I am going to do but case is still proceeding in court.

 

Only you can decide whether it is enough.

 

Just get in a cheque if you have debts to them

[traceyjsmith]

Bong if I sent my initial request letter in nov 06 am I not entitled to claim for nov 00?

[HSBCrusher]

Nope.

It counts from the date when your COURT claim goes in.

[traceyjsmith]

Oh bugger looks like I will have to accept then. One last thing on the pre-written bit of paper I have to sign it accept it has a confidentiality bit on it saying that I promise to keep their payment a secret! I am really loathed to sign it, can I just write my own acceptance letter possibly with a bit about wanting the money within 14 days or else court?

[Guest bong]

he's not just a spinning tardis u know:D

[traceyjsmith]

did any of you guys sign the confidentiality thing?

[Michael Browne]

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[Guest bong]

Oh bugger looks like I will have to accept then. One last thing on the pre-written bit of paper I have to sign it accept it has a confidentiality bit on it saying that I promise to keep their payment a secret! I am really loathed to sign it, can I just write my own acceptance letter possibly with a bit about wanting the money within 14 days or else court?

 

you can cross out the confidentiality bit and initial it. even if you didn't it isn't binding on you anyway - under contract law they would have had to have made you a separate offer just to keep it quiet, like £50 or something. you could say you want it in 14 days but if it doesn't happen what would you then do? I think accept, and then if the money hasn't been received before any future court deadlines appear, like filing your court bundle, make sure you comlpy with what you have to do, in case you end up having to go to court. don't withdraw your claim until the money has cleared.

[traceyjsmith]

Nice one Micheal I am not sure Hsbc would consider it worth their while trying to buy my silence! But it's a nice thought.

[Michael Browne]

I am not sure Hsbc would consider it worth their while trying to buy my silence!

No, of course they won't. The last bit of that paragraph is just a bit of sport

[traceyjsmith]

I wonder if DG regret representing HSBC??? (laughs heartily)

[Guest bong]

they are in-house solicitors tracey

[traceyjsmith]

Bong you are v clever at all this legal stuff are you a solicitor?

[Guest bong]

nah, I wish!! then I would be rich

[nettyg]

i used to work on the floor above dg when i worked for Forward Trust - part of HSBC. gosh if i knew then what i know now - i could have hand delivered everybodies breakdowns haha - perhaps breakdowns is not such a good word to use, they seem to be heading for one big massive one

[lateralus]

gee, go away for a couple of hours and see what happens!

you've had them all here today trace - crusher, bong and a mb letter. - you've had it all. so, ok with all of it - write your own acceptance letter - only dates from the beginning of claim and i guess you got it all - mcol fee? good on ya, i think you're there!

[lateralus]

how about asking for the amount they aren't paying up on as the fee for the confidentiality bit????????? good try!!!!!!!