Alan vs HSBC

[axbreck]

Could anyone help ? I have started MCOL action against HSBC and they have acknowledged the claim and ticked the box 'I intend to defend all of this claim'

Their solictitors are DG solicitors.

Is it worth sending DG a copy of the Prelim letter and the LBA with a copy of the list of bank charges ?

[lateralus]

no, not the letters. but yes, by all means send the a copy of your breakdown with a little: "please find enclosed a copy of my breakdown of charges relating to claim no.xxxxxxxx. then, put a little summary:

charges xxxxxx

interest xxxxx

court costs xxx

Total: xxxxxxx

 

you should also at this point send 3 copies of your breakdown to the court listed on your service papers. just refence your claim number.

then just sit back and wait. and read more threads so you see how other people's claims are progressing.

[steve_n]

Hi Alan,

 

The wait will equal to 28 days + upto 5 days from when you submitted your MCOL actually if DG are true to form they will acknowledge quite quickly (you will see this within MCOL) then the 28 day clock starts counting (calendar days btw)

They will then do one of a couple of things

1, Ignore you completely

2, Write with a possible offer

3, Submit a defence - usually on the 28th day

 

But whatever happens you just have to put that kettle on and WAIT, do some painting, mow the lawn, go down the pub etc

[axbreck]

Thanks for your help I have wrote to DG and also sent the court 3 copies of the charges summary.

[steve_n]

Ok great . . now you have to play the waiting game !!!

 

Keep us posted on your progress !!

[axbreck]

I have finally got a response from HSBC they wrote referencing my prelim letter which claimed £584.43 they have offered £501.50 and saying they have already refunded £51.00 (which I deducted already from the claim)

The letter gives blurb about terms and conditions and then says 'If your claim for a refund proceeded to court, we therfore believe we would successfully resist any legal challenge in relation to these fees'

I started MCOL action on the 5/12/06 for £802 which includes 8% interest and £80 court fees.

Does anyone think I should carry on or accept their offer ?

Any help appreciated.

[lateralus]

certainly not - (accept their offer) why would you go this far and cave in now. would they let you off for £300, absolutely not. you aren't far from getting your money. this offer was from the bank on your first letter - very shoddy customer relations. you have already claimed, just hang in there - you don't even need to reply to their offer but should you want to, just tell them it's too later, you have filed a claim and it will now cost £802 to halt the claim. as you are now in the mcol stage - you are dealing with their solicitors now - they are hoping for a quick, low offer fix - don't let them have it. in for a penny.....

have you seen this - the ombudsman is actually telling banks to settle before it gets to court. have a look (while you are waiting). i hope you don't decide to take it - you wouldn't have it before xmas anyway - so...might as well hold on a little longer.Banks Rake In 1,200% On Overdrafts

[axbreck]

Thanks for the moral support, I did not really start this for the money but because I was so angry with the bank charging me £125 without even writing to me, I thought they may have taken £200 in charges over the last 6 years, but when I went through my statements it was £550 !!

Does the bank holidays count on the count day for the 28 day MCOL action ?

[lateralus]

yes, if it is in the middle of your counting period - if the date something is due lands on a holiday - i think it moves it back. but you are ok -

the button to press for judgment - won't let you press before it is ok to do so and then usually you can't press because dg will have filed their defense. just keep an eye on things.

[axbreck]

I have had a partial refund offer from the bank, which I'm not going to accept they only have to the 2/1/07 before I win by default from MCOL.

They have said in their letter that their offer is only valid for 10 working days from the 18/12/06 which is the 4/1/07.

Is it best to write declining their offer or just wait for the MCOL to finish ? Also I have not had an allocation questionare is this just for claims over £1500 ?

[axbreck]

I've made a mistake the it is 28 days since they submitted their defence which expires on the 2/1/07.

[steve_n]

You should hear something from DG very soon then (tho the xmas hols may put a spanner in the timings a little) BUT the clock still ticks . . so if you don't get anything positive you have to sumit your AQ, although you get 7 days after the 28 day deadline expires, so it's up you, you can string it a little if you wish !!

[axbreck]

Thanks for the advice, I have not received an AQ yet does one come automatically from the court or do you have to apply for one ?

[lateralus]

that will come in the post a few days after they file their defense.

so, keep a look on mcol, you could try to press the judgment button just after midnight tonight. as i said earlier - if the date isn't right it won't let you and if it says - defense filed - it also won't let you. but, with the holidays and all - you may quietly get to press the judgment button and win. 99.9% of the time - they file a defense on the last day about 15 min. before the court closes. the aq and more paperwork will follow if they defend. you have about 2 weeks before the aq will be due. you sent dg a breakdown around the 15th right? if they do defend - worth a phone call to them asking if they received your breakdown and telling them you will be submitting you aq shortly and were hoping to avoid more costs for the both of you - just see what they say. but not until you know they are defending - just keep an eye on that button, try after midnight - in case it's this date - check paperwork again service date plus 28 = judgment date. let us know what's happening.

[axbreck]

Thanks for the advice, I double checked with the court the service date was 9/12/06 so 28 days later makes the 5/1/07.

So I will wait up thursday night with my cursor waiting over the start button, ready to win by default

[axbreck]

I have checked on MCOL, DG have defended the claim on the last of the 28 days.

Is it best just to wait for the AQ now ?

[lateralus]

now, as you've already sent a copy of your breakdown to dg weeks ago - call them - and ask politely if they received your breakdown. this serves to bump you up to the top of someone's pile of papers. just before xmas, the offers were coming at almost the same post as the paperwork for the defense - can't say just now what's happening - hopefully - they may respond with - there's a letter winging it's way towards you at this very moment - or whatever!!!!! anyway - doesn't hurt to bump you up by calling -

as for the defense - you'll get the courts paperwork in a couple of days - with a change to your local court, their defense and the aq - just take note of the deadline for the aq and keep that as your next date to work towards - hopefully you'll have your offer and money before then but if not, you may need to file. just hang on when it comes - check the deadline and let us know. also, let us know if you hear anything from dg - but my advice: call them.

[axbreck]

I received the paperwork from the court today,

It is interesting that the defence information is just cut and pasted they have not even bothered taking the question marks out were they decide wether it is a single or multiple defendants.

I phoned them today to ask if they have received my breakdown, they said they would ring me back and thet did not bother.

Do I have to pay the £100 fee if the claim is under £1500 it is not clear ?

[lateralus]

no, if the claim is under 1500, you don't pay. they may still call you on monday - of those i've seen calling them lately - they do return the call - if not, i'd call again and ask if they have been received. what is your aq deadline?

[axbreck]

my aq deadline is the 21st jan

[lateralus]

loads of time - just see if you can find out if dg has your breakdown.

[axbreck]

I received a letter today from DG solictors offering a full settlement,

I don't think I could I have claimed bank fom the bank without this web-site, it has been a real pleasure having a small victory against the greedy bank.

Thank you everybody for your help

[Lisa-19]

Congrats axbreck!!!

 

Love reading these 'I received full settlement' posts. They spur me on and keep my spirits up!!!!

 

Well done!!!!

[lateralus]

well done, don't halt the claim until the money arrives.

here's a useful thread. When You Get Your Refund

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[axbreck]

Hi Lateralus

 

Should I cross out the confidential phrase on the offer and could it slow down the refund ?