Offer Received....but HELP!!!

[r_bath]

Hi, today I received an offer from HSBC (YAY!).......but I have a couple of problems I hope someone can help me with.......

 

1. I filed a Court Claim which they acknowledged on the 14th Dec, but they have replied to my LBA letter with an offer and therefore the offer is for a partial amount before interest etc was added, so do I need to reply saying the standard I accept partial payment but expect the rest etc?

 

2. In my charges I got charged £100 for an unpaid cheque and £10 for an unpaid item. The bank are now saying that they are not charges and that they will be deducted from my requested amount, is this right? I thought we could claim for unpaid cheque/item? Eeek!!

 

I could only find the template of refusing charges at the LBA stage, not after the Court stage, can anyone help and give me a template? And also let me know if I can claim the upaid cheque/item that they are refusing?

Thanks!! Nearly there!!!!

[r_bath]

Hi

 

It just says on the statement: 24/06/02 DR UNPAID CHEQUE £100.00

 

So I'm not sure what it was for...?!?!

 

Also one other thing, £10 that I claimed for a stopped cheque they have said that I was told and agreed to the fee, which is right, so can I not claim for this? I don't mind letting it go, but worried they might think I'm a pushover though I think they're right on this score, ooops!!

[Allyxia]

Yes Rbath HSBC do do that and no they dont appear to break down their charges. My statement shows £100 overdraft charges (what per month -scary) so I know what you are referring too.

 

I dont think it matters that you agreed to the fee at the time because at the time you agreed you were not aware that the charges were unlawful - I used this very arguement when I went to court (I won by the way) for charges applied nearly 4 years ago, so they can stick that arguement cant they!!

 

Hope that makes sense for you let me know if you need any further help!

[Guest ian cognito]

Are you sure this debit for a cheque paid into your account which subsequently bounced? I had a similar entry on my statement this morning and was ready to phone them thinking it was a charge, then the cheque I had paid in came in the post having been declined by the payee branch.

[r_bath]

I have no idea what the unpaid cheque means....whether it's a cheque I wrote that bounced or what, or whether the cheque was for £100 or that is the charge for it.....

 

I'm tempted to just cut my losses and accept but I know that I deserve my full amount!!

 

So I should say on my letter back to them that when I agreed to the charge I did not realise I was agreeing to an unlawful charge, therefore I am still claiming for it?

 

Oh gosh, this is going to make them mad isn't it!!!

 

Thanks guys!

[Allyxia]

Yes I would!

 

Honestly these banks and their cheekiness!!!!

[r_bath]

Ha ha!! Then it is just a stalling tactic to not pay as much money? Here is my letter back, can anyone tell me what they think?

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear Mr Langdale

Thank you for your letter dated 28/12/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

With regard to the unpaid cheque and unpaid item of £110 these are unlawful charges to my account, as well as the £10 for stopping the cheque. I agreed to the £10 fee at the time but as I wasn't aware that the fee is unlawful my agreement is not an issue. I would not have agreed had I known these facts. Therefore I will still be seeking these charges back and the full amount of £XXX.

 

Your acknowledgement of my Court Claim indicates that you have until 12/01/07 to respond. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

What do you think?!?! So do I send this off along with the letter and just cross out the 'full and final settlement' part? And also cross out the bit about my account being credited if I want a cheque??

I am quite scared now, I know they will make an example of me!!! Maybe I should just accept that they wont pay me the charges they stated and go for the amount less that?!?!

Help!

[Guest ian cognito]

If the £10 fee is for a cheque you have cancelled then it is a service, this is not an automated process therefore the £10 is not a penalty. Service fees cannot be claimed back.

 

In relation to the second amount of £100 for an unpaid cheque, I think you need to query this with the bank and ask them if it is an accumulation of fees or whether it is indeed just a returned cheque.

 

Reading through the forums, when the banks single out amounts from claims and dismiss them as not being charges, they are usually correct.

 

I think you need to be sure your claim is correct before progressing any further.

[r_bath]

Thanks so much! I have checked with the bank and it is indeed a returned cheque that someone had paid into my account.

 

Sooo.......I have taken those off my schedule of charges, but do I have to start again? Or can I reply with the part payment letter and include the new schedule of charges, plus the £50 court fee, and say that I will claim that back? Like this:

 

YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear Mr Langdale

Thank you for your letter dated 28/12/06.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will accept, however, that you remove the sum of £120 from my claim due to services rather than charges. Therefore I request the sum of £ (including 8% interest and £50 court fees) to be refunded to me. I have enclosed an updated schedule of charges to show these amendments.

 

Your acknowledgement of Court Action indicates that you have until 14/01/07. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

And then I send this letter, with the offer letter and a new schedule of charges?

What do you think?

 

 

[Allyxia]

Sounds fine to me.

 

Well done.

 

 

Let us know how you get on!

[r_bath]

Ok, today I am sending off, by recorded delivery, 2 things:

 

1. A letter to HSBC refusing their settlement offer (yay!). I have said I will accept part payment, but I have a question....If I want them to send me a cheque do I just cross through the line that says "Please allow 7 working days from receipt by ourselves for your account to be credited"? And then they will send me a cheque? I crossed out the 'full and final' line and wrote 'partial' instead

 

2. Sending off a copy of the letter and a revised schedule of charges off to DG solicitors so they are up to date with the process, is this ok?

 

Thanks!! Nearly there I hope!!!

[Allyxia]

Sounds ok - but be warned I doubt if they will send you the cheque in part settlement - they probably say you have seven days to accept or they will withdraw the offer completely.

 

Dont panic this is standard practice and you will just have to proceed as normal.

[r_bath]

Hi!

 

Just a quick update....i sent through the letter turning down the offer etc. Haven't heard anything on that score since.

 

Well, now I am a bit confused. I did the court thing and they acknowledged saying they will file a defence and they have until the 12th Jan to do this.......2 days away!!! Hopefully either and offer will come or nothing at all in the next couple of days, but what do I do? If they defend I'll go from there, but if they don't respond do I fill in the Request for Judgement?

 

Nearly there!!!

[r_bath]

Well their time is up!!! Waited today and nothing has arrived from HSBC or DG Solicitors since I sent the revised schedule and rejection of offer letter. It doesn't matter that I had to revise the schedule des it? I still use the same timeframe?

 

Anyway, so I have the letter from the court, do I just fill in the Request for Judgement and file it? And that will go to DG Solicitors?

 

He he!! They are so rubbish!!!