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traceyjsmith v HSBC ** WON **


traceyjsmith
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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.

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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.

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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.

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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????

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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! :-D

 

Congratulations!

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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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.

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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

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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Nope.

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

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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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?

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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

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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.

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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 :D

If i've been helpful in any way....then tip my scales over there!

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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!

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