Some advice please - ** WON **

[Pants]

Hi all,

 

Happy new year. Please can anyone offer any advice on this - I have tried Citizens Advice but just cannot get through, I have read the bumph you get from the small claims court but its covered there either......

 

I started my claim back in April (ish) 05, all going well, got to the point where HBOS offered me 50% of my claim ( £900-odd in total).

 

I then sent the letter stating fine as part payment but if I don't get the full amount within 14 days I will start court proceedings ( this letter dated 18th July 05).

 

Then recieved another letter from HBOS on 11th August 05 offering £432 and if they don't hear from me within 8 weeks they will assume I am happy.

 

I then rang them on the the number supplied but was told that was final so I stated I would go to court.

 

However, I didn't have the £80 to stump up up front to pay to the small claims court so have had to wait, and wait and wait.

 

My question is:- now I have the money (thanks to xmas !!) can I go ahead and start proceedings or do I have to start from square 1 as it is a good 6 months since ?

 

Any help appreciated - I don't want to pay the £80 to start, just to be told it's too late and to start again !!

 

Many thanks and happy hunting

 

Pantalonas

[hagenuk]

Personally, as it's been so long I'd be inclined to start again from the preliminary letter stage. Just don't spend the £80 in between!

 

(And do you mean 05 or 06?)

[PKea]

Sorry to but in.

How long would the maximum gap be, do you think?

I have had a couple on hold for a few months and i was planning to just resend them the LBA.

Any Thoughts

Thanks, and sorry again for hijacking.

[hagenuk]

It's unclear how long the OP has left it, but in your case, if it's only been a couple of months then resending the LBA would be sufficient.

[Pants]

!!!SORRY!!! Got my years wrong!

 

Started last year around April (2006). Everything went according to plan. HBOS finally offered me roughly 50% - I sent a letter stating happy to receive that as part payment and if I do not receive the full amount within 14 days i shall start court proceedings ( this brings us to early August 2006). i received another letter again offering 50% with a paragraph stating if they do not hear from me they will assume I am happy. Included in this letter was a form to sign and return stating I am happy with that - which I never signed or returned.

 

I last called HBOS in August 06 but since then have not had the £80 to pay to the courts to start the claim.

 

So, given it is now early January 07 it's a good 5 or 6 months since we have been in contact with each other regarding this, hence me asking if anyone knew of a time limit.

[hillards]

From what you've said, they gave you 8 weeks to respond, otherwise they would assume you were happy with what they had said ?

 

In effect, you threatened to take action, then didn't, so they have probably dismissed your action. I'm guessing you would have to start again, although I don't know how that would stand up legally - I would hope that you have not blown it by your own admission of leaving this so long.

 

Don't know if anyone has seen any other cases like this. I've read loads of threads and this is the first where someone has gone past a time limit without doing something.

[hagenuk]

Pants, nothing is blown. Just restart from the Prelim and go from there.

[hillards]

Oops - sorry, re-reading my own post I can see why you thought I was suggesting the case was 'blown' - I did put I was hoping it wasn't... I also said I wasn't sure of how this would stand. Apologies to anyone thinking I was doubting the validity of the claim itself.

[Pants]

thanks guys, think i'll start again from the prelim as suggested. I'll be sure to keep you all posted.

 

Just to clarify - I had to delay as I couldn't spare £80 to start the court proceedings ( which is highly annoying ).

 

cheers

 

Pantalonas

[Pants]

Update -

 

Spoke with a couple of lovely Irish girls at HBOS today. My claim with them was classed as 'complete', on probing i was told it was not finished, just kind of sidelined ( due to the delay as per below).

 

However i was then put through to cust' serv' who then rang back to complaints (?) and have been advised that my claim is still open and that someone from the complaints team will call me back within 48 hours as quote 'they are re-evaluating alot of the claims so may be able to offer you a better deal'. I also took their direct number, just in case.

 

I have read several other threads where people have settled on the phone for nearly all if not the full amount, which is what i will do if offered to me.

 

The clock is ticking.......

 

Cheers again

 

Pantalonas

[Pants]

update 2,

 

Spoke to a 'Redress Assessor' today who has agreed to refund the full amount of £762.00. Even though my case was closed then re-opened (due to the delay as mentioned above). I am awaiting the forms to sign the acceptance, then the money will hit my account 7-10 days later.

 

I realise it may be a little premature, but........WH-HOOOOOO!!!

 

I will be donating to this site as is this would not happening without it/them/you.

 

Thanks for your help and a very happy and prosperous new year to all.

 

Power to the people !! - I/we fought the law and I/we won !!

[hagenuk]

Well done Pants! Good for you (but wait for the money though!)

[Pants]

Cheers, have got my acceptance form today.

 

One question - on the acceptance form it states :

 

'As a gesture off goodwill I would like to offer you £767.00. Future charges will stand and we reserve the right to close your account if you do not manage it correctly. To accept my offer in full and final settlement of your complaint.....'

 

(£767 is the full amount).

 

So any future charges will still be applied at £39 or whatever it goes up to? And I won't be able to claim those back?

 

Actually that's two questions !

 

Cheers

 

P

[Michael Browne]

Don't sign their acceptance form, send your own:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that 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 my claim.

 

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 myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[Pants]

many thanks Michael, I will.

 

I love this site

[Pants]

well - the 7-10 days quoted (for the money to hit my account) came and went, I rang up and was advised because of my 'non-standard' letter of acceptance a supervisor is now looking at it.

'Fine' I said, 'you have had 10 working days for this find of thing...'

 

I have now been quoted 48 hrs for a callback from said supervisor:-x - bring on tomorrow!

[Pants]

!!!! SUCCESS !!!!

 

The money hit my account Friday afternoon so it's all over and done with - finally !!

 

Once again many thanks to this site and especially those who helped me.

 

Good luck to all those still at it - keep going - I had one of the finest tasting beers on Friday night !!

 

I think I'm supposed to contact a moderator to let them know I won - can anybody point me in their direction?

 

Cheers

 

Pantalonas

[hagenuk]

Pants, I'll arrange that for you - WELL DONE!

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!