HSBC_Destroyed_My_Life vs HSBC

[HSBC_Destroyed_My_Life]

Thanks Lat,

 

I will definately get a nicely printed letter sent off tomorow. Im going to include ''I am willing to accept the sum of £xxxx VIA CHEQUE'' as I mentioned in this thread a few times - I can only take payment via cheque. Does that sound ok?

 

I understand that it wont hurt to send a letter but to your knowledge has anyone had a successful offer from DG following a letter at this stage?

 

Everytime I keep trying to add to your reputation lat I get a window saying I should spread some around first. Grrrr!

[lateralus]

yes, it's been helping - i think they get innundated and a letter brings yours to their attention - and with some success - even though it's quite new -

via cheque is fine.

 

thanks for the thought - appreciate it! not bothered by the actually points. just like helping people, especially nice ones!

 

 

oh, i've already been here!

[HSBC_Destroyed_My_Life]

Hi, ok - yesterday I got a letter through from the county court confirming my court date;

 

''To the Claimant

 

TAKE NOTICE that the Preliminary Hearing will take place on

 

2 May 2007 at 11:15 A.M

 

at Stoke on Trent County Court, Bethesda Street, Hanley, Stoke-on-Trent, ST1 3BP

 

When you should attend

 

10 Minutes has been allowed for the Hearing

 

Please Note: This case may be released to another judge, possibly at a different court.''

 

 

Unfortunately I havent got round to writing that letter to DG saying that I would accept a full offer via cheque to save them going to court again. I've been pre-occupied with trying to find a new place to live - as my house mate wants me to leave.

 

In light of the court date now being issued how should I play this;

Still write the letter?

Write a different letter?

Or wait for the court date?

 

Please let me know Thanks

[lateralus]

phil, get that letter off now - put paid by cheque into it - can't remember and can't see it quickly - does 942 include you aq filing and court fee and interest and charges? if so put 942 in that xxx place and just get it sent.

let's make this go away. fill in the dates, amounts and enclose a breakdown and get it sent.

 

ok, no aq fee - i see that - so:

 

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

It has come to my attention that as of xx/xx/07, (latest date you've talked to the court) you have now filed the Allocation Questionaire in this case which was originally due on xx/xx/07. Please find enclosed a copy of my Allocation Questionaire and also another copy of my schedule of charges relating to this claim.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (rounded down to nearest pound) paid by cheque. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality. I will then cease my claim against HSBC.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without further intervention from them. Why purposely delay; wasting your's, mine and the court's time - why not settle before further court action is required. I look forward to hearing from you.

 

Sincerely,

[lateralus]

did you get that letter off, phil?

that's 900+ pounds just waiting there with your name on it.

they need a bit of prodding.

[HSBC_Destroyed_My_Life]

Ok, hands up - I never managed to post that letter off to DG I Really wanted to do it but just couldnt find time with moving house and stuff. I set a bit of time aside to do it today however this morning in the post I received A SETTLEMENT OFFER OF £1008 !!!!

 

Here's the letter:

 

'' Dear Sir

 

Yourself-v-HSBC Bank plc

Stoke on Trent County Court Claim Number .........

 

We are instructed by HSBC Bank plc in respect of the claim you have recently issued in relation to charges levied on your account in the period 8 November 2001 to 18 December 2006.

 

HSBC is entirely confident that its charges are reasonable, are properly and fully disclosed in its terms and conditions and published price list and you must have been aware that you would incur such charges depending upon how you managed your financial affairs. HSBC is confident that it was entitled to apply these charges and that it would successfully resist your claim in the Courts.

 

We have been unable to reconcile the interest claimed on your breakdown with the interes claimed as per S.69 County Courts ACT 1984 at 8% in the Particulars of claim on your claim form. Therefore interest has not been included in any subsequent offer.

 

HSBC is, however, mindful of the management time and irreoverable legal costs associated with litigation in the small claims regime. For those commercial reasons alone, and without any admision of liability whatsoever, HSBC is prepared to make an ex gratia payment to you in the sum of £1008.00. That payment is made in full and final settlement of your claims arising from the charges applied to your account in the period reffered to above and by accepting this payment you agree not to make any other claims relating to these charges. HSBC also, reasonably, requires your confirmation that you will treat this payment as confidential.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us and we will arrange for a refund to be made to you.

 

Yours faithfully

DG

DG Solicitors

 

I accept the sum of £1008.00 in full and final settlement of my claim against HSBC for the charges applied to my account in the period 8 November 2001 to 18 December 2006. I agree not to make any other claims relating to these charges. I also agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential.

 

Signed....................... Dated:.......................''

 

 

 

Just to clarify I wish to accept their offer but ONLY BY CHEQUE!

 

now the question is...

 

How do I get them to refund me the money, promptly by cheque?

 

Thanks for all of your help it truly has paid off. I'm so happy right now!

[calconnor66]

Well done you. The letter they sent you is nearly identical to the one I got. I did not want it going into my hsbc account as I had an overdraft and basically was not using it. They told me that they could only pay it into my HSBC account (god only knows why). I protested and said I had a new bank and they said tough. But hen they paid it into the HSBC and transferred tit over to my new account .

I would basically send them the letter back signed saying you will accept but on the understanding it is paid by cheque to you within 10 working days . It did not take them that long to process. :) :)

[givememymoney]

Excellent news you could try something like this:

 

xxxxxxxx –v- HSBC Bank plc

xxxxxxx County Court

Claim No: xxxxxxxxxx

Your Ref: xxxxxxxxxxxx

I acknowledge receipt of your letter dated xx/xx/xxxx and your settlement offer of £xxxxxx

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account xxxxxxxx in the period xx/xx/xxxx to xx/xx/xxxx. I agree not to make any other claims relating to these charges.

 

I accept this offer without prejudice and reserve the right to make any further claims should they be brought to my attention and may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of this claim within 7 days. The settlement monies should be sent to me in the form of a cheque made payable to xxxxxxxx. Failure to adhere to these conditions will result in me continuing my claim with the county court. I will also inform the judge regarding your actions and that consideration of your request for a one month stay as indicated in your allocation questionnaire should be ignored as an attempt to stall the court process. I will also request that the judge adopt my draft order of directions issued with my allocation questionnaire in order to bring a swift conclusion to this matter.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by me.

 

I trust that you will find these arrangements acceptable.

 

Yours faithfully,

 

[calconnor66]

well givememymoney I think your response will probably scare the pants off them but it is more straight to the point , cut and paste it Phill you may be able to wangle yourself a few extra quid for your silence ha ha

[givememymoney]

you can put whatever figure you like for your silence but obviously you won't be able to tell us if they agree (which they won't) a bit cheeky but after all the hassle they have given if they don't want you to tell people it must be worth something and they have no right to ask you for it anyhow.

[HSBC_Destroyed_My_Life]

Cheers Carolyn and givememymoney- your letter sounds great. If I send that do I still have to sign, date and return their settlement offer letter to them?

[givememymoney]

No you don't but you should have your name printed at the bottom of the letter and sign and date it. In the same way that the letter they wanted you to sign is. I used pretty much the exact same letter and did not have any problems. (Although I can't guarantee they will send you the money in 7 days!!! might take a few more but you will get it!!!)

[HSBC_Destroyed_My_Life]

ok, so you are saying at the bottom of the letter I am writing I should have this:

 

Signed................... .... Dated:................... ....

 

I take there is no need to attach a copy of their last letter to my new letter?

[givememymoney]

You don't need to attach a copy of their letter.

 

The sign off should look like this:

 

[your name printed]

 

Signed................... .... Dated:................... ....

[HSBC_Destroyed_My_Life]

nice. Thanks

 

Im thinking about putting £100 to silence me. If they ever agreed to that would I have to delete this entire thread?

[givememymoney]

No but you wouldn't be able to tell us that they had settled in full £100 is a bit cheap they might actually pay that!!! I asked for £6000

[Castlebest]

Well done... another settlement

 

I asked for £250.00 which would round the claim up to a nice even £4000.00 settlement, we will see

 

pete

[pinkduchess]

£6,000?!!

[Castlebest]

PD, what do you expect now hes gone platinum

 

pete

[pinkduchess]

well £250 is a bit cheap then Spandeau

[givememymoney]

PD, what do you expect now hes gone platinum

 

pete

 

Hey I have didn't even notice I thought that was at about 1000 posts or something!!!

[nettyg]

congratulations on your settlement hsbcdml, well done!!!

[lateralus]

phil, just got back from seeing the tulips for a couple of days - so, just got your pm. looks like you've got all the advice you need -

hope you manage to get this letter sent!!!!! bet you will!!!! - also hope you managed to find some place to live..... maybe this will be a turning point for you and things will start going your way -

well deserved, well done, very pleased for you.............

congratulations.

mama lattie

[HSBC_Destroyed_My_Life]

Thanks everyone for your support.

 

About to post my letter off in a minute...

 

Just a thought - is it worth underlining the part on the letter about The settlement monies should be sent to me in the form of a cheque. Just to draw their attention to it?

On the other hand they are solicitors and would have thought they read all letters with a fine tooth comb.

What do you think?

[HSBC_Destroyed_My_Life]

Too late, I underlined that part about the cheque and asked for the sum of £3000 to buy my silence.

 

Do I just sit back and wait for the money now, is it likely that I'll receive a cheque in 7 days?

 

How long should I leave it before I contact them again, providing they dont contact me first?