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Micheyboo vs HSBC ****WON****


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Hi Mich, have a read of this, it might make you feel a bit better:)

 

BBC NEWS | Business | Judge attacks 'time-wasting' bank

 

Don't forget you've also got post holiday blues at the moment!:)

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nudge dg every 10 days - it won't get to court - they will make an offer - a couple of peeps have called dg for various things and have been told (if we can believe them - and i think this is probably true) that there is a very long list of claims and they are being dealt with as quickly as possible in the order they are in(we don't quite know how it was put in any order - could be file date, defended date, court date, we don't know). but the upshot is they are dealing with claims - so, to that end - my suggestion is to keep sending nudge letters to dg once every 10 days - if it does nothing else - it keeps your file at their fingertips to file away the letter with breakdown, it is also evidence of your willingness to settle - they on the other hand have sent you nothing - so refer to this by your second or third nudge - i put a third example in post 1 of both aq threads a week or so ago - and by the fourth, fifth, etc. just take them and mix and match a bit to come up with another nudge. don't loose heart - it truly shouldn't be long now. one further thing you could do (although this won't hasten anything) is to ring the court to see if an aq fee will be payable - sometimes it is and sometimes it isn't - if it were payable and you paid it - you would add that to your claim. (maybe you filed an aq earlier - sorry i didn't check before i wrote this - but i'll leave it here as others read and learn)

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Thanks Lattie and everybody else for reassurances. I have sent a nudge letter yesterday and will send them an email tomorrow and call on Friday to check they have received both and hopefully bring my claim to their attention higher up on the pile. If Whatawoman and Kattah have had offers already then hopefully mine should be coming soon. Fingers crossed!!

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Hi Micheyboo, think im slightly behind you and also waiting for an offer.

It takes forever doesnt it !!

 

MCOL filed 28/02, what about you ?

(just seen its the 8th Feb on another thread)

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Hey All

 

I have just got my offer letter in from DG, FINALLY!!! I am so pleased and they have offered the full amount, not including interest though. But I am not so bothered about that.

 

Anybody have any ideas on how long it usually takes for them to pay up?

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Anybody have any ideas on how long it usually takes for them to pay up?

 

Ive heard it can take anywhere between 3-10 days, Congratulations MitcheyBoo, another victory for CAG.

 

Well done.

 

R

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Congrats......

Initial Letter 23/12/06

LBA 14/01/07

MCOL 1/3/07

Acknowledged 3/3/07

Defended 27/03/07

Transferred 3/4/07

Stay Ordered 27th April

Stay Set Aside 14th May

COURT DATE 5th JUNE 2007

 

Waiting on offer just under £5K

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No, it included the 8%, I meant the daily rate of interest....

 

I have sent my acceptance letter and signed their letter and sent them both off to DG. I used the letter from CAG so I can claim again and refusal of confidentiality. Although, I think perhaps I have shot myself in the foot by sending their letter back, have I done it wrong.

 

Should I now write to the courts and enclose a copy of my acceptance letter and DG's letter?

 

Anybody know which moderator I could PM to get my thread to say "Won"?

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the only reason to notify the courts at this stage is if there was something due this week (an aq, a court date, paperwork, etc)

barring any of that - wait until the money is in your hands before you write to the court and that would be to say you have reached a settlement and please consider it closed - but NOT UNTIL YOU HAVE THE MONEY!

 

and i think it is 7-10 working days and it probably will be closer to the 10 - watch your account - they just slip it in sometimes.

 

and as far as i'm concerned it is won - pm garyh, he's a star - just ask him for some stars and a won ****WON****.

 

well done!!!!!!

 

early feb filing - that was a long one - but you got there.

very, very pleased for you.

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Ummm, i'm a bit worried following on from that Lloyds case.... so I wont be celebrating yet until the money is in my account. I have asked that I get a cheque though so I hope they don't just slip it in my account.

 

I used the acceptance template you gave to Katteh and refused the whole confidentiality and that I reserve the right to claim again..... but following on from that Lloyds article maybe they'll get confident and let cases go through the courts.

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WELL DONE MICH

 

I got My offer at the start of May sent my acceptance letter 7 days ago DG will have got it on the Wednesday so I am getting close to the 10 Day mark

I will keep you posted then it arrives.

 

Mich - out of interest when did you file your MCOL

 

RHS - I submitted my MCOL on the 28/02 hopefully your offer won't be long now.

 

 

Keep the court action going until you have the money in your hand !!!!

Oyster

 

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

Start of May Full Offer:grin:

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Oyster - I filed my MCOL on the 8th Feb.... it has taken ages!

 

Lattie - my lawyer mate said as my acceptance letter was a counter offer they now have the opportunity to refuse it. What is the usual procedure after I have sent my acceptance letter? Will they write back and say "ok, we'll pay the money by cheque and we note your position in your letter, etc...."

 

Or should I follow up my letter with an email or phone call just to confirm what they plan to do and confirm I can have a cheque, wont hurt I guess.

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My Lloyds thread has been pulled from this forum...... I guess it was just unnerving to have it on here. But I think people are gonna wanna discuss it right?

 

I saw GMTV this morning and it had Martin Lewis on it discussing this whole issue.

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RHS - I submitted my MCOL on the 28/02...............

MCOL Filed 26th Feb 07:-)

 

So which one is it ? the one on your sig or the one in the post !!

 

Lol, it doesnt matter Oyster :D

 

I too filed on 28th Feb, and after a phone call to DG yesterday (and a voicemail obviously) I was called back by Rachel who told me ' they are swamped with claims, but they are aware i have a court date, and will be sending me a full 'without prejudice' letter in due course'

 

So im almost there !!!

 

I think 10 days from offer letter to actually having the cash seems fairly standard in the HSBC forum, but i dont know of anyone getting a cheque so far.....id love someone to prove me wrong though !!

 

What do you mean 'pulled from the forum' Michey ? They just deleted it, or has it been moved ?

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RHS - looks like another thread has been started in the Lloyds forum by Bankfodder regards the matter and deleted mine off HSBC. I can't find my original thread anymore, it has disappeared.

 

No matter anyways.....

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I've found my earlier thread, it has been merged into the Lloyds thread........

 

I sought some informal legal advice from a mate, take it as you will regards the whole matter :

 

What you've done is a counter offer. They are not bound by your offer, they do not have to accept it. They may not now, but you never know... they may still consider it a bad tactic to proceed cos they wont want to risk a negative decision in the Mercantile Court. (Its High Court therefore binding on lower courts). Note my case is with the Mercantile Court now, waiting for Court Date.

 

The issue of district v higher court decisions goes to whether (and which) court are bound by the judgment (ie. must follow it). A lower court decision will still have weight in a higher court - the court will consider it, but doesn't have to follow it.

 

Re: the status of the Mercantile Court, it is a division of the Queen's Bench Division of the High Court - a specialist division for "business disputes, both national and international. It is designed to deal with claims of lesser value and complexity than the Commercial Court.".

As it is High Court, there is still a real chance the banks wont want to risk your case going to the court cos they're risking a binding decision not coming down in their favour.

 

If I were the banks, I'd wait & see how a few more lower court decisions turn out just to test the water, then risk the high court test case. This is for a number of reasons:

 

In the district court action (Lloyds case) it looks like the claimant was unrepresented and the Defendant didn't even appear to make argument - relied upon written argument. This means the claim has not really been vigorously tested. This goes against it as a precedent - its not exactly a good authority to rely on.

 

If the banks take it to the high court, they risk someone lawyering up & making a proper legal ding dong over this.

 

However, on the other hand, the banks may consider that this win in their favour gives them enough of a boost to go ahead & try run it now. I'd say they'll probably only pick one case tho - a test case - I don't imagine they'll run with a bunch of them initially, its too costly.

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RHS - opps it was the 26th

Got my offer at the start of May Sent the Acceptence letter (template from the site)

 

and

 

GOT MY CHEQUE TODAY

(I Hope it Dont Bounce !!!)

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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GOT MY CHEQUE TODAY

 

Thats great Oyster, did you just ask for a cheque in your acceptance letter ? Ive seen horror stories of people having their loans or overdrafts paid off with their claims and a cheque is the only way to get round this i think.

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i wouldn't think they would appropriate any of your money to other accounts unless you are in arrears - they would make noises about you paying up other products if you are in arrears.

you can ask for a cheque, my son did and got one.

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