gordylar vs HSBC ****WON****

[gordylar]

Right then,

hi all have today completed my MCOL and submitted it ready for 9:00 am tomorrow.

Now if I have understood things right I allow a maximum of 5 days for the court to do their bit, then 14 days for HSBC to acknowledge my claim and enter their defence.

Then when the court has done their bit I send send 3 copies of my Charges list to the court and a further copy to Debbie d Aubney at D&G solicitors.

 

Hope i'm right in what i'm saying.

 

Incidentally I wonder if the banks or solicitors have anyone watching these threads.

Gordy

[lateralus]

i thought that a long time - ago - even suggesting people shouldn't use their real names - but i don't think it makes one iota of diffenence. the claim marches to its own tune. nearly right in above schedule, from the court, in about 3-5 days you will get the notice of isse - which shows the date used to count from - the service date, then probably within the next 14 days from that date (usually quite soon) dg acknowledges with a tick in the box - "intend" to defend. then send your copies as above, then they have a further 14 days to issue their defense. about the only thing you can do during this time is send your copies and then ring dg a few days later to see if they have been received. lately, the offers have been coming after they file defense but before the aq is due for the most part - we had a bumper weekend of offers - hope yours isn't too far away.

[gordylar]

Hi Lattie,

I was thinking I shouldnt have put the amount in my thread title as they could probably identify me. Although I can't see that making any difference (I hope).

I'll keep checking my mcol status, ready for the final leg.

Can't wait to see the end of this claim, then I have one more scalp to aim for, a van loan with the AA and their unfair late repayment charges.

Thanks Gordy.

[gordylar]

WOWEEE!!

Getting closer

 

Received an offer today from Colin Langdale for £2,765.00 which I will accept as a part payment but I will still continue with my MCOL submitted on monday.

[nettyg]

excellent gordy

that seemed to happen quite fast!! what status was mcol showing when you received your offer??

netty

[lateralus]

that's fine gordy but don't get too excited - it's getting to be par for the course - i think it is intended for people to say (well, it's not bad, and i know i won't end up in court, and it's a bird in the hand, etc....).

you say you are accepting it as a partial - just be aware - you send the template rejection letter telling them you accept it as partial but you have now filed a claim and it will require xxxx.xx to halt the court process.

you never actually see the partial - it just goes away. that was from hsbc, you have filed and as such you are now dealing with dg. so, my advice - do the letter and send it and just continue with the schedule of your claim. it was a little apple from eve (colin)......

[gordylar]

WOWEEE!!

Getting closer

 

Received an offer today from Colin Langdale, however this letter is the follow up to my first letter asking for my dosh back, and not the LBA. and I am now at the mcol stage.

Seems he is a bit behind on the schedule must be all the claims he has to deal with. Still about time he did some decent work for a change and earnt his money.

 

THE LETTER

 

22nd Janurary 2007

 

Without prejudice

 

Dear Mr Gordylar

 

Our Ref:xxxxx

Your Ref:xxxx

 

Thank you for your letter dated 21st Dec 2006 requesting a refund of your

bank charges of £3,340 passed during the 6 last years. Whilst we were reviewing your complaint we realised some of the charges you were trying to claim have been previously refunded. Accordingly £75.00 has been deducted from your claim. Regarding your request to refund overdraft interest on your account, HSBCs interest rates are well publicised in respect of both formal and informal overdrafts. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt.

 

In circumstances where you would like us to make a payment from your acccount that would if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which, blah blah blah, and they would sucessfully resist any legal challange if the claim went to court, blah blah blah.

 

We are, however, mindful of the management time and irrecoverable legal costs that it may incure in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, we are prepared to make a payment to you for the sum of £2,765.00 in full and final settlement of this matter. This represents our offer in respect of the charges applie dup to and including 22 Janurary 2007.

 

Then the usual, if you accept blah blah blah.

 

yours sincerely

 

Colin Langdale

 

In the letter He said that I had charges of £75.00 already refunded to me therefore I have 2 questions:

 

1. Can I add on £75 charges due to be taken from my account at the end of this month to cancel the £75 they deducted from my claim?

 

2. If I cant add on these charges do I then have to change my MCOL claim to exclude the £75 they have deducted from my claim?

 

What I think I shall do is write back and state that I will leave the claim as it stands due to the charges applied to my account which are due to be taken on the 29th of Jan 2007.

 

Anyone know of a good reply letter.

 

Gordy.

[gordylar]

This is my reply letter to my previous post.

 

Any comments or improvements?

HSBC plc

Service Quality Team,

Arlington Business Centre,

Millshaw Park Lane,

Leeds,

LS11-OPP

 

 

23 Janurary 2007

 

Dear Mr Langdale

 

My Reference ---------------

Your Reference ------------

 

Thank you for your letter dated 22 Janurary 2007.

In the abscence of a response to my previous letters within the time specified I have filed a claim in the County Court and have therefore incurred further costs. I am prepared to accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, to include interest and costs incurred. I would however be willing to withdraw my claim upon receipt of a full settlement of my claim of £3,340.00 + £749.26 + £120.00 costs totalling £4,209.26 .

 

As you point out about charges totalling £75.00 already being refunded, I would like to point out that there are charges on my account due to debited on the 29th of Janurary 2007, and on this basis I will leave the amount claimed unchanged to cover these. I await your response within the next 7 days, and no further correspondence will be sent regarding this matter.

 

Yours sincerely

 

Gordylar

[nettyg]

sounds good to me gordy

but if they're offering anything... they know they're gonna pay the lot eventually!!

stick wth it... you're gonna get ur money real soon - you lucky hound u lol

netty

[gordylar]

Been getting so excited keep pressing submit reply button by mistake before post is completed.

 

netty,

the mcol status is issued as of 22/01/2007 so must just wait now for dg to get their skates on, have a bit of a feel good factor going on just now.

 

 

lattie,

I used a template letter but just tweaked it a bit to suit, any thoughts on the refunded £75 charge and the extra £75 charges that I have replaced them with?

 

Thanks all Gordy

[lateralus]

nothing better, letter looks ok to me - you have to try these things - you could ask lively lad or bong by pm if you really want an informed opinion.

[gordylar]

Thanks lattie

all this is addictive isn't it, wifey probably thinks she's a cag widow just now.

 

Although when she opened the offer letter today it made her smile, face cracked though:eek: (only joking just in case you read this darling).

[gordylar]

Just a quick progress report,

Received Notice Of Issue letter today from Northampton County Court. The issue date is 22/01/07, it will be deemed served on the 27/01/07, they now have until the 10/02/07 to reply.

 

ONE STEP NEARER

[HSBCrusher]

Thanks lattie

all this is addictive isn't it, wifey probably thinks she's a cag widow just now.

 

(only joking just in case you read this darling).

Mine does!

[gordylar]

Crusher

mine normally goes to bed with a grunt and a face like this

(do love her though)

[lateralus]

hey guys, other way around in my house - he's got the remote for the telly permanently glued to his hand - so, i'm here doing this - does that make him a cag widowererererer?

[gordylar]

lattie,

I had to hide the remote from wifey, otherwise she would get confused as to her role if I left it lying around. (S**t that sounds sexist doesn't it?).

If he's anything like me he probably hasn't even noticed your on the cag site.

[gordylar]

Hi,

Just been on mcol and my claim is now acknowleged do I send the copys of charges to dg and court now or wait until I receive the letter from Northampton?

 

NEARLY THERE

[lateralus]

either, addresses in the contact details above or you notice of issue or wait and they are in the paperwork - you'll have it by monday.

[gordylar]

Hi,

Received the 'claim acknowleged' papers from Northampton today,so will send copys of charges tomorrow to dg and court.

Then its the waiting game, think I may bombard dg with faxes of copys of charges everyday, or phone calls, see if I can make a nuisance of myself. Maybe they'll settle quicker. Any thoughts on this? Be nice to be the one doing the bombarding of phone calls this time

[honeygie]

hiya! that seems to be the general suggestion here, to bombard them with calls and fax and all that jazz... goodluck to you.. hope you've saved a lot of patience for the waiting.. teehee...

[gordylar]

Hi Honey,

let the blitz begin, not too sure about the patience thing though.

[gordylar]

S**T, S**T, S**T,

Think I may have f****d up.

The 8% statutory interest that you can claim, does that go back to the start of when they took that charge

e.g.

charge recall so/dd, 29 aug 2002 £30.00, 8% interest £10.06

total claimed back £40.06

 

need to know asap

 

ANYONE thanks

[lateralus]

i don't know how to figure it - i just used the spreadsheet and it did it for me - the simple s/s figures each item from the date the charge was incurred, depending on the date you put at the top. hope that helps, sorry, gordy.

[nettyg]

gordy, if that's how the spreadsheet worked it out i would go for it. sometimes the charges + interest do seem high - but then they were for 4/5 years ago. i wouldn't worry if i were u