Maangov V HSBC ***WON***

[maangov]

Any feedback please?

 

Will be filing tomorrow

 

MA

[lateralus]

i guess you'll be using the N1.

 

 

 

 

 

that's my way of saying - i don't really understand much of it but it looks great and it looks long - no way it's fitting on an mcol.

good luck! somebody smart take a look please!

[maangov]

Lol, yep it's gonna be an N1 job. It's a real pain in the bum having to take time of work to get down the court!

 

I'm half thinking up a case to claim costs!

 

Thanks

MA

[maangov]

Hey all,

 

Another chapter! Recieved this letter today. It's an offer for all the charges, but not the interest paid on those penalties, nor the contractual interest. Court forms were submitted last week so it's a bit late HSBC!

Dear Mr xxxx

Ref:

xxxxxxxxxxx

Thank you for your letter dated XX February 2007 requesting a refund of your bank charges of £xxx.xx passed during the last six years. Your request for a ref

u

nd of charges applied to your credit card will be dealt with under separate cover.

In circumstances where you would like us to make a payment that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are set out in our published price list. The circumstances in which the fee will apply are set out in our Personal Banking terms and conditions which you have already received. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

We are, however, mindful of the management time and irrecoverable legal costs that may be incurred in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, we are prepared to make a payment to you for the sum of £XXXX.XX in full and final settlement of this matter.

We are not however prepared to refund certain charges for the following reasons:

Overdraft Interest

Regarding your request to refund overdraft interest on your account,

HSBC's

interest rates are well publicised in respect to both formal and informal overdrafts. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt.

Interest

We note you have added

"

interest

"

to your request for a refund. We do not accept this is appropriate and therefore our offer of a refund does not include any interest.

If you accept this proposal please sign and return the enclosed acceptance form within ten working days and we will arrange for a refund to be made to you. Please allow seven working days for your account to be credited from receipt by ourselves. If we do not receive your signed acceptance within this

timescale,

we will take it that you have declined our offer.

I hope that this matter has now been addressed to your satisfaction. However, should this not be the case the attached guidance sheet explains the next steps available to you. Thank you again for taking the time to write.

Yours Sincerely

Colin

Langdale

Needless to say i'm holding out for it all! Especially now court forms are submitted! Any comments?

MA

[HSBCrusher]

Of course, the letter is utter piffle.

Accept as partial offer... which they will not accept.

They will acnowledge.

Defense will go in, at the last possible moment.

You will put in your AQ.

They will put in an AQ.

Late.

 

usual stuff.

which is good because the usual end to this is a payout in full!

 

normal games I expect.

[maangov]

Cheers Crusher,

 

Do i need to accept as partial or can i simply decline? I drafted this:

 

Response to settlement offer.

 

Dear Sir,

 

Thank you for your letter dated

05th March 2007

. I respectfully decline your offer of Full and Final settlement.

 

You may not have been aware that I commenced legal action against you for the full amount plus costs on

28th February 2007

and I would ask that you now refer this matter to your legal department for further instruction.

 

I trust this clarifies my position.

 

 

Yours faithfully,

[HSBCrusher]

you need to accept it, but only as a partial offer and you will be chasing the rest.

If it got to court you will have to show you have been reasonable. You have a duty to "mitigate your losses and continue with negotiations."

There is a letter in the library...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[maangov]

Oh dear! Above letter went in the post today!

 

I was a little unsure as we are not in negotiation anymore. I accepted a previous offer as partial payment while we were in the LBA stage. I continued with my LBA deadline, and they failed to reply in time. I therefore issued the court claim.

 

As it stands now, do i not wish their legal department to handle the claim?

 

Regards

MA

[HSBCrusher]

Ah, I see.

 

I missed that bit.... sorry me ol mukker.

skimming the thread again...

 

No problems, things should be fine, sorry to put the wind up you like that.

[maangov]

Update:

 

Nitice of acknowledgement recieved today. DG solicitors intend to defend all of the claim. Bring it on!

 

So is the 28 days from when they filed acknowledgement (8th March) or when i submitted claim (28th Feb)? Letter seems to suggest latter, which gives them another 12 days.

 

Regards

 

MA

[lateralus]

neither - it is from the date served (if no date shown - it is deemed served 5 days after you file)

[maangov]

Ah righteo,

 

Thanks for clarifying. Guess i'll just sit tight and await their defence!

 

Thanks

MA

[maangov]

Defence Recieved:

 

XXXX

Claimant

-and-

HSBC BANK PLC

Defendant

DEFENCE

• The Claimant's account is governed by the Defendant's personal and/or business banking terms and conditions,
  
• Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list, including an overdraft review fee for considering whether to provide and providing and overdraft.
  
• The Defendant denies that the charges applied to the Claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).
  
• The charges applied to the Claimant's account are reasonable and are properly and fully disclosed in the Defendant's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty.
  
• Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Anything abnormal here? Do i just submit AQ and wait?

 

Thanks

MA

[Castlebest]

Hiya Maangov, did you receive an AQ or has that been crossed out on the letter from Northampton MCOL ?

 

If it has check this thred of Latties out

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

pete

[maangov]

Sorry yes i did get an AQ.

 

MA

[Castlebest]

Hmm the plot thickens, your the first person ive seen for about a week to get an AQ with the defence notification and I was told today Northampton had stopped sending them out.

 

pete

[maangov]

I filed my claim via N1 as its contractual. Would this explain it?

 

MA

[lateralus]

ok, then it's back to the old wisdom for the aq.

and yes, i believe that is why you got one -

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

 

any questions, get back.

[maangov]

Cheers lateralus,

 

Will get onto this over the weekend. Will send DG a charges breakdown also.

 

I'm also after default removal. Does this need a mention on AQ?

 

Thanks Greatly,

Maangov

[nettyg]

lats has gone on her jolly's for a few days maan, i'm not sure whether default removal gets a mention on aq - i've seen something about it somewhere. i'll have a look around and see if i can spot it okay

[nettyg]

Can't Find What You're Looking For? Here's A Complete A-z Index

you look in here and i'll look somewhere else - see who comes up with the answer first lol

[maangov]

Thanks for your help nettyg,

 

I couldn't find anything relating to default removal, so i think it's good to go as you have advised. All printed out today, and will be filed tomorrow.

 

It's for more than £1500, so will require the £100 fee. It needs doing by the 19th So will have to be tomorrow (i can't get time off!)

 

Will contact DG today.

 

Thanks

MA

[maangov]

Ok Letter to DG:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: maangov- v - HSBC

Account No: xxxx xxxxx

Claim No: xxxx Served: 08/03/07

Dear Sir/Madam

Please find enclosed my completed Allocation Questionnaire, relating to the above case.

For your information, I am also enclosing a copy of the schedule of the charges which I am claiming.

Kind Regards

 

Hope this is ok. Please shout if not - i'm slowly getting nervous!

 

Ma

[givememymoney]

maangov presumably you are sending DG a copy of your AQ not the actual AQ in which case you can say:

 

"Please find enclosed a copy of my Allocation Questionnaire which was submitted to the county court on xx/xx/2007, relating to the above case."

 

[maangov]

Indeed i am! Good spot

 

Thanks

maangov