Gemz Vs HSBC

[Gemz]

Thanks Jason

 

Have noticed from your signature that I'm claiming a very similar amount to you, as you'll see when I add more to the signature.

 

I hope it goes smoothly!

[Jason1975]

Hi Gemz.

 

If you want to see my thread then it is here. It does seem a bit nervy at first but always ask even if you think you know the answer and just want to confirm it or if you just think its a bit of a dumb question, the only dumb question is the one that never got asked!

 

Keep us posted and good luck!!

 

J.

[Gemz]

Tomorrow is the day, let's see if we get anything

[Gemz]

No news, but they have just defaulted us because of their credit card. I think I might have to let it lie for now. Until the DMP is sorted

[lateralus]

gemz, i'm no expert at this but i'd say go ahead with your little project here as per your schedule. at the end, which will be a good few weeks down the line - you ask for a cheque as it is up to you who you pay what. my point here - is your credit card prob. doesn't mean you can't continue with this claim -

if this isn't the right advice i'm sure someone else will tell you - i did only a minimal amount of searching and found this thread (very short) Have a DMP with 6 creditors about to claim back bank charges read it, then you'll see, you just carry on. there are loads of these in the debt section.

so, see what you think - but i say keep to your schedule and go for it! no need to wait any longer.

[Gemz]

Very surprised, got an offer this morning of £508 - now having the to continue or not debate.

 

It's about 73% of the original amount I think

[lateralus]

and as always i ask the same question - if they really, truly believed their charges were legit. and they would win in court - why would they offer you the time of day, let alone 73%. they are weeding out those not willing to follow it through. no pressure - honestly - you do what's right for you (and dad), we'll support you. you know where we are if you need us.

[Gemz]

It's the time factor that makes me think twice, and the fact that if my father does have to go to court he'll lose a day's pay which is approx £100 as he is self employed.

 

How long might it take and is there anything that can be done about loss of earnings?

[nettyg]

hi gemz

i don't think your dad woud have to go to court - they would settle before then. lattie's absolutely right, if they thought it was legit, they wouldnt offer you conkers so please try and endure just a couple of weeks more to claw the lot back. you've got all the support in here that you could possibly want. i'm claiming over 6k (incl interest) and still positive that i won't have to go to court - if that helps any!!??

netty

[Gemz]

Okay, we are going for it. What's the next stage?

[lateralus]

i think you've just sent the one letter, right? so now it's the lba (letter before action), 3. Letter before action - Consumer version - asking for it back read this all through then also, use this Rejection of settlement offer

and kind of put them both together.

you could say like: thank you for your offer of xx/xx/07, and use the reject/partial payment stuff, then continue with the lba, as you have not responded positively to my initial letter... then give in with the lba stuff.

 

so, basically you are rejecting their offer and telling them you will give them 14 days more before you will be filing a claim.

 

it's all there in those two links. and the notes below the lba letter (like leaving off the data protection stuff).

 

good luck, hang in there - you will get it all and remember not to add the 8% interest yet. that's for when you file the claim.

[Gemz]

Oh I see, they responded while I was thinking so I'm combining two letters.

[lateralus]

well, they responded - but it wasn't enough so you are plowing on, saying thanks but no thanks, now you have 14 days to improve it or we are filing.

[Gemz]

14 days... is that working days? Just thinking about my next step, and when it'll be

[nettyg]

hi gemz

that's 14 days from the date of your letter

good luck with your claim

netty

[Gemz]

That's Monday then, what's next?

[lateralus]

go back to the step by step instructions - next you file your claim either at your local court using the N1 form or by using the on-line systerm MCOL. links are in the steps.

[Gemz]

How odd, I posted is it MCOL, must have been rushing before dinner

 

Thanks lateralus, will do that Monday morning if need be

[nettyg]

gemz - when you say you posted mcol do you mean you have filed a claim with mcol? bit confused - let me know what stage you're at

[Gemz]

No, this is the next stage that I'm due to carry out if I don't get a reply by Monday.

 

Trying to be prepared

[lateralus]

you might as well check out the mcol website - register and get familiar with it - work your way through to the particulars of claim and try to follow the template in the library and get your stuff into the small space. if you need another example - i'll pm mine to you. if you get a look at it and work your way through it - it's not hard at all - you will be ready to pay and submit when monday comes. i'll go ahead and send my partics so you have them if you want to take a look.

[Gemz]

Thanks lateralus, that would be really helpful. I'll have a look round in the morning

[Gemz]

Which address is the best one to use and who should the claim be addressed to?

[lateralus]

use the main office, canada sq, london - the address is on all your statements. not sure what you mean addresses to - you are claimant and defendant is HSBC Bank, Plc.

just follow the steps, you'll get there.

[Gemz]

I can't find that address on any statements we have