Jenner v's HSBC

[carl_jenner]

Help!

Hi Everyone. I have recently filed against HSBC for £1977 in charges, in which they replied 2 days before deadline day. I have now received a letter from them ref: Account Charges with an offer of £1379.88 as there full and final settlement amount. Does anyone know what I do from here? Do i take that offer or hang out for it all?? If i go for it all, what do i do from here, just ignore the letter or do i have to reply with a decline?

 

many thanks to all on this site, i have used all the info to get to this stage!

[lateralus]

we need a little more info: you are saying you filed - so you filed a court claim - probably with mcol. were you acknowledged? i'm betting here - the offer was from the bank - a very belated offer from your lba. you could take it - but you are so close to the finish line it seems a shame to stop now. once you file the claim, you are dealing with their solicitors - dg. We need to know if you have been acknowledged which bought them an extra 14 days before they need to defend. you are very close to the real offer - just need to know - you've had a notice of service from the court plus what else? notice of acknowledgment, notice of defense, what is your date of service? have you had any contact with dg.

if you are in for the whole thing - you don't even need to respond to the offer but here is the link if you want to do it that way.Rejection of settlement offer.

give us that other info soon as - so we can advise you.

[Rooster-UK]

Hi Carl.

 

£1977..... that sounds like a very good year.

 

If you don't object to them keeping £600 of your money, then accept.

 

Otherwise, write to them, accepting with thanks, their offer which you will be pleased to accept as part settlement only, and you will be pursuing the balance in the county court.

 

Go for it, Carl. Get the lot, it's your money. It will only delay settlement by a few weeks.

 

Good luck.

Regards, Rooster.

[carl_jenner]

sorry for the lack of info, i have my paperwork filed in my office at work.

I filed online with MCOL and received aknowledgement, and that HSBC had until the 24th December. The letter I have received seems to be a belated reply to my first letter i sent to them on 31/10/06, as you pointed out lateralus. So do you feel this is delaying tactics? I haven't received anything directly from DG as of yet.

 

shall i just wait now for more correspondance and ignore there offer? I am going for the FULL amount after doing some more research!!!

 

thanks all on this site - i shall be donating once i have received my FULL amount!!

[lateralus]

well, as we don't know for sure which you've received - let's assume for the minute that they have acknowledged which gives them another 14 days to respond (28 days in total from the service date). you should, if you haven't already - send 3 copies of your breakdown to the court - address on acknowledgment - referencing your claim number. also, and this is important - send dg - the bank's solicitors a copy of the breakdown also referencing your claim number their address on pg 2 of the acknowl.

do this as soon as possible - if you have the claim number (or you can get it off mcol) and have a fax - go ahead and fax it to them. if not - get it off to them as soon as you can.

i really don't think you are far from an offer - but they need that breakdown and your claim number before they can move on - if you don't send it - they will just ask for it - taking a couple of days longer.

glad you are going all the way!

if in fact, you haven't received an acknowledgment - (check on mcol, it will tell you what's going on) you should be able to quietly press for judgment - do it - if it let's you and the dates are ok - that's it - you, win, i think you will probably find it says acknowledged - which give them 14 days more. check it out.

[carl_jenner]

thanks very much for the info lateralus - will check it out now!!

[carl_jenner]

Hi lateralus

 

after checking my paperwork over, I have received a Notice of Issue from the court, and after checking MCOL it was acknowledged 08/12/2006. I have now sent off 3 copies of breakdown of charges to the court today, so fingers crossed. I have received no correspondance from DG as of yet though, so should i wait before sending them the breakdown as well?

 

thanks for your help.....

[lateralus]

no, send it now!

what was the issue date?

[carl_jenner]

ok - will do now!

issued on 5th December 2006, is that the date to take the 28 days from?

[lateralus]

yes.

by my reckoning that's today -

try pressing the judgment button on mcol - i'm guessing they will have filed a defense this afternoon -

if not, try pressing the button, if it won't let you - try again at midnight.

it may say they have filed a defense and no further action can be taken on mcol - but if it still says judgment - or you actually get to press the judgment button - great!

let us know what happens.

either way - go ahead and send dg the breakdown - i think it's probable they will have filed their defense.

[carl_jenner]

after sending all breakdowns off to the courts and also DG, I have now received a letter today, 'Notice of Transfer of Proceedings' informing that they have now entered a defence, and require the AQ to be completed by the 22nd Jan. Is this the point where I hang on right till the last chance before returning the questionnaire? I'm worried it will be taken to court, so is there any help on filling in the AQ?

 

thanks to all!!!

[diddypony]

Hi Carl ...Looks like we are at the same point, on the same day. Got my transfer today. There is some where amongst this lot, a link, on how to fill in the AQ and it looks quite simple to do. Would like to know about the "hanging on" question though if you get one....Good Luck !!

[carl_jenner]

keep me posted on your progress.......good luck!

[lateralus]

Allocation Questionnaires - A guide to completion

this link is getting a good workout today.

plenty of time to take a look - no rush to send it off.

my advice at this point - you've sent your breakdown to dg. wait for monday's post - because just before the holidays it was getting very regular to see an offer just about the same time as the defense was issued. so, monday - ring dg "just to see if they have received your breakdown" this serves to bump you to the top of somebody's paperwork. then, say - i see you have filed your defense, i will be sending my aq off shortly - i was hoping to avoid further costs both to yourself and to me (that 100 aq cost will need to be added to the claim once you file it - that's why i say hold off until it is necessary).

just see what they say - they sometimes say "there is a letter on its w ay to you" but whatever - they will know you are there and waiting to file your aq and if, by some chance, the breakdown isn't there in front of them - they will ask you to send it (if they do - fax it). ok with all this???

don't worry - you are nearly there! much closer than you were before they filed - this is when it all happens!

[carl_jenner]

Spoke to DG on the phone today, to confirm that breakdown had been received, wasn't very keen on speaking to me at all, she said that she wasn't dealing with it herself and would pass my name on (sounded more like she wouldn't bother at all with the message) Didnt manage to engage into informing about the AQ, so think I will ring again tomorrow if I hear nothing back.

[carl_jenner]

DG have actually rang me back, nice lady called Julie, I mentioned that I have received the AQ and was hoping to avoid any further costs, and she said that they would be contacting me by post this week??? I have my fingers crossed that will be the FULL settlement.

[lateralus]

job nearly done!

[diddypony]

Rang DG today..They say, ( Ms D'Aubney herself no less !),that someone will ring me back. Hope they do soon, my cars just packed up this morning...B******s !!

[carl_jenner]

i originally spoke to Ms D'Aubney yesterday who passed message on, then i did get a call back from a julie a couple of hours later, who said that she would be contacting me by post this week. :D

[diddypony]

....still waiting.....

[carl_jenner]

me too!! haven't heard a thing since. Do we just hang on and wait?

[lateralus]

wait until tomorrow's post - that's a week - then ring again.

[carl_jenner]

Will do - shall i just say the same thing to them again as last week?

[lateralus]

say anything that gets a reaction i think!!!!

[carl_jenner]

Nothing in the post again today. I have completed the AQ now, it needs to be in by Monday 22nd, so I guess it needs to be in the post by Friday 19th to make sure it gets there in time. Getting worried now that I will not get the offer before then!! Help.