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Hsbc Disputes Court Claim On Line


LAURA.FILDES
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Good Afternoon,

 

I am at the court stage with my dispute with hsbc, I filed a claim using hmcs on line on the 27th Nov, and had till the 2nd to win by default, but recieved a letter of dispute the day before. I am now paying an extra £100 to see them at my local court, but am worried I might not have a case or there might be some mitigating circumstances in my case?

I ran my account very badly, and they eventually closed the account, I have over £1700 worth of charges and interest over the six years I was with them.

Does anyone know of any mitigating circumtances?

Do you still have to bank with them?

Has anyone had any similar experiences with HSBC?

Please help and advise, I feel rather confused and lost...:o

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Laura, don't worry about this, it is just a stalling tactic they use.

the extar £100 is for your allocation questionnaire, don't send it just yet, hang on until the last minute as you will find that HSBC will pay you.

Send an updated copy of your charges including the 8% interest and your costs to date to DG solicitors, there should be a name on your court papers, along with the court reference, this speeds the process up and you will get all of your money back without the need to go to court.

 

Don't panic, it's what they want you to do

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Thanks mate. that was very reassuring. What did you mean by DG though? I dont have any solicitors involved at this stage, I have only have the form and a print out of the summary of my charges and interest, and the cheque?

If the last day to reply to the claim and submit my form and extra £100 is the 16th should I post on the 12th do you think as if I miss it they could throw the whole claim out?

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Can someone please confirm that a claim still stands even if the account as run really badly by the customer as I have heard a rumor that banks are defending any accounts that look abused?

My argument being that the charges are still too high and often and cause an account to topple over into the red causing this snowball effect?

Really not sure but don't want to go any further until I have a better idea? :confused:

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Laura, this is your money, if the account has been run badly it matters not, after all we are only human and why should we be penalised for making mistakes?

DG are HSBC in house solicitors, their details are in the contacts section for the bank.

 

As I understand it, you have filed your claim against them and they have responded by saying that they intend to defend.

 

This is what they do, it buys them more time in the hope that you will get scared and pull out.

 

DON'T

 

This is just one more of their tactics, fax a copy of your charges to DG solicitors advise them that they have until the 12th to ensure that the monies are cleared in your bank account, otherwise you will be sending the allocation questionnaire at which point your claim will increase by a further £100 to include the costs incurred in sending the AQ.

 

You should receive a full offer from them before that time, when you do, make sure that you state that the money must be cleared in your account prior to the 12th otherwise you will be sending the AQ.

 

That should be good enough to get you your money back by next week

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This is good advice Laura, remember HSBC will hang this out as long as they can to try and discourage you.

also remember that nobody has lost yet, the banks have no case against you. Stick with it and once you have your money kick this bunch of guttersnipe losers into touch. POWER TO YOU.!!!!!!!

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on your acknowledgment from the courts, pg 2 is the address and possibly a name from dg - send them a breakdown of charges and a reference to your claim number asap!!!!!!, then 2 days later - ring dg to make sure they have received your breakdown - they will not send an offer without the breakdown - even though one came from the court to them - it's just their way - so send it tomorrow without fail and call them monday to see if it arrived - that serves to bump you up to the top of the pile - explain you need to file your aq shortly and this often opens a short dialogue with them - not meaning you should do anything by phone - but it often ends with them saying an offer is in the post - take the bull by the perverbial horns and call them monday after you've posted breakdown tomorrow - could even fax it tomorrow a.m. and ring tomorrow afternoon- fax no. is on the acknow. or in the hsbc contact details above these posts.

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Guest NATTIE

Laura- If you were the worst person in the world running your account, it does not give any bank the right to charge you more than it costs to return any item on your account. You should read through some of the successes because you will gain confidence in the fact that you will be the WINNER in this one. The charges are unlawful the bank has acted unlawfully and you are usual contract law to right that wrong. Good Luck and keep calm.

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Hi Guys, all of what you have said has spuured me on to finish this off now, I will actioning today what you have advised and am very grateful for you help. I will keep you posted to let you know how I get on. So the contact details for the DG solicitors is above? I am trying to find it now. So a copy of the breakdown and reference number for the claim, should I include a covering letter?

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Good Afternoon,

Today I recieved an offer for the full amount from HSBC!!!!!!

However ony to put toward a debt I have with them. This debt has been passed to a collection agency to chase, I am up to date with all of my payments and have a monthly direct debit set up with them. Obviously I would rather have a cheque than the money go to pay off the debt which is under control. Do I have any case in requesting that the money comes to me? I have not been asked to make any lump sum payments to clear this debt, I am not behind with payments, I have been paying intersest on my debt?

Please advise me? I am at the last stages and have found your advice so sound!!!

Laura

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Also forgot to add that if I decline the offer to pay pff my debt, can I still take them to small claims court? They wrote in their letter that the £100 to take this further would not be claimable back?? is this correct?

If they make an offer to pay off the debt does that mean that I cannot take this further as they have offered to pay me?

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