Echoblack vs HSBC

[Echoblack]

Okay so I started off the reclaim process a couple of months back.

 

I went through all of my statements and worked out that the HSBC had taken £2,192.50 off me in charges OW!

 

So I sent off my prelim letter recorded delivery. Waited 14 days from the date of deliverythen sent my LBA. A couple of days after that I recieved a letter asking me to send in list of all the dates and charges. Hmm that'll be the papery thing stapelled to the letter that your responding to Mr HSBC, but don't worry I attached another copy to the LBA. I recieved no response to the LBA, so I registered with MCOL then hit a snag.

 

I couldn't afford the court fee:(

 

That was 6 weeks ago. Now I have the cash to hit the big red button on MCOL. I still haven't recieved a response to the LBA. Because of the delay on my part should I send another letter, or just hit the big red sue button?

[claire78]

Your claim, your timetable-HIT THE BUTTON

[Echoblack]

Button pushed at 07:00 this morning!

 

Why couldn't they be a good little doggy and just roll over like MBNA did? They'd have saved themselves £340 in interest:rolleyes:

 

I'll post as developments err develope.

[Echoblack]

So I recieved written acknowledgment yesterday that my claim has been served and that HSBC/DG 'intend to defend all of this claim'.

 

I'll whack 2 copies of schedule of charges into the post (recorded delivery) to DG tomorrow, remembering to add on court costs:grin:

 

On the letter I got from the court there's nothing noted about shifting it from Northampton to my local court. I take it that'll happen when DG actually file there defence?

[Echoblack]

On the letter I got from the court there's nothing noted about shifting it from Northampton to my local court. I take it that'll happen when DG actually file there defence?

 

Okay I've just read somebody else's thread and now know that will happen when they file defence. Looks like I'll be posting 3 copies of my schedule of charges to the court as well tomorrow.

[Echoblack]

Just a quick thourght. I don't want DG or HSBC to pay any money into my account, as I'm on a dmp and want to spread the love equally between my creditors. When is the best time to mention that I want any settlement as a cheque? Should I put that in a covering letter with the schedule of charges, or wait until they make me an offer?

[nettyg]

personally, i'd wait until i'd been offered the dosh before i requeste that it be paid by cheqe... but that's me! lol

[Echoblack]

HSBC acknowledged my claim on the 12th, it's now the 27th. There's no note on MCOL other than claim acknowledged. Am I'm right in thinking I can press the judgement button?

[Echoblack]

HSBC acknowledged my claim on the 12th, it's now the 27th. MCOL says nothing other than claim acknowledged. Am I right in thinking I can hit the judgement button?

[Echoblack]

Doh double post:confused:

[lateralus]

go back and look at the notice of issue - check date served - add 28 days to that date and that's when you can press the button - but have no fear - it won't let you press if it's too soon and it won't let you press if they've defended - so when it's due - press a way............

[Echoblack]

Wow Haven't updated this thread in a long time so it's probably overdue.

 

As if by magic HSBC did indeed file a last minute defence. I won't bore you all with the details, it reads very much like everybody elses.

 

I bothered them over the next few weeks with a number of phone calls to try and get an offer but to no avail.

 

My AQ went in on on Wednesday, funnily enough the day of the AQ deadline, with the proposed 28 days direction thing attached.

 

HSBC so far hasn't bothered to hand in their's (6 days late now).

 

I spoke to a sweet old dear at the court just half an hour ago. She told me it's 'all' been sent off to the district judge and I need to await directions. Hopefully those will tell me he's throwing out HSBC's defence and I've won. Hopefully.

[lateralus]

nice to hear from you again - although it would have been nicer to hear you had had an offer: nevermind - it will come. i've just written this:

 

When you have filed your AQ................ (1 2) because so many are filing aq's lately. it may tell you something or maybe not.

 

as for contacting dg - the site helpers and mods are concerned that too much of this could be construed as harassment - so i'm going to start advising a more laid back approach.

once you know they have your breakdown - how about just a weekly approach - might give them more time to make offers, you never know!

sometimes i think they let the aq go by on purpose and then offer not long after - they are just postponing the inevitable as long as possible.

keep in touch.

[Echoblack]

From my own experience and reading a number of other threads, it does appear that not fillingthe AG is becoming a standard DG tactic.

 

It generally takes at least a week for the judge to order the them to file or defult, and then he gives them a week to do that.

 

Net gain 2 weeks for no work. Fingers crossed eventually the judges will wise up and just start telling them they've defulted.

 

Maybe then we can get some hot Balife action:D

[Echoblack]

Phoned the court again today. Still no word from the district judge. It'll be 2 weeks on Wednesday since I submitted my AQ:(

 

And still not a single offer from DG, they could at least have the courtesy to send me an insultingly low first offer

 

Meh!

[lateralus]

this weekend i have added a new "nudging letter" to my first post in my thread:

When you have filed your AQ................ (1 2 3 4)

take a look - see what you think.

[Echoblack]

Ok Yesterday, exactly 2 weeks after the original AQ deadline, a I got a letter from the judge saying that HSBC had a further 2 weeks to file their AQ or he'd throw out their defence.

 

Bah:mad:

 

Me thinks a letter to HSBC will be going in the post tomorrow then. Something alongthe lines of.

 

You now have to pay for my AQ. If you settle before the 27th you won't have to pay for your own

 

Course I'll probaby need to pretty it up a bit:rolleyes:

[Echoblack]

Got home from work to day to find a full offer from HSBC

 

It ain't over yet, they want to off set the amount against my debt. I want a cheque so I can spread the amount fairly between my creditors, nearly all of whom I got in to trouble with cause HSBC kept taking my wages as bank charges so I couldn't pay them in the first place. Which obviously lead to them charging me which... well you get the idea. HSBC will get their fair share of the money I claim back from my other creditors, so they can't complain.

 

So now I need to write a new letter:rolleyes:

 

I'll keep ya all informed

[lateralus]

do you need a template for accepting it on your terms - there are a few around - did they include the aq fee? well done you, you should be able to smell the money - it's very, very close. michael browne has written several - i think the one on gordylar's thread is similar - just say you will only accept a cheque and no conditions - and don't forget to say thank you for the offer.............but, unfortunately!

nearly there.

keep focused!

[Echoblack]

Yet again I've been slack, but I'm posting cause I have positive news

 

I sent off my thanks for the offer, but I really don't like your conditions letter.

 

On wednesday HSBC Replied with the most bizarre undecipherable bit of legalise I've ever read, but the last couple of lines seemed to indicate a check was on it's way. Imagine my surprise when I got home last night (Thursday) and found the check waiting for me on the door mat:)

 

Anyway I'll be paying it in this lunch time and as soon as it clears I'll post here and get the thread updated to a WIN.

 

Although if the check bounces I will have to add £25 pounds to my claim, just to cover costs you understand:rolleyes:

[nettyg]

Congratulations echoblack, well done!

[Echoblack]

Thanks.

 

Not calling it a win until the cheque clears mind.

 

I'm to pesamistic for that;)