Jump to content


  • Tweets

  • Posts

    • I would also take this opportunity to add that I don't really understand why you purchased an insurance policy for this watch – unless it offered you something like new for old, accidental damage or that the policy was transferable to a new owner in the event you decided to sell the watch. If there is not the features that interested you then you are perfectly adequately covered by your consumer rights contained in the Consumer Rights Act 2015 and of course it would be unlawful for John Lewis to attempt to exclude or limit liability in case something happened to the watch and it ceased to be of satisfactory quality for a reasonable period of time. By and large these extended warranties are a waste of money
    • Sunak to new MPs at the Kings Speech debate. Rishi Sunak, in the king's speech debate, tells new MPs that "life comes at you fast" on the government benches. "Before you know it you end up with a bright future behind you and are left wondering whether you can credibly be an elder statesman at the age of 44," he adds.
    • Properly declared means that you declared the exact value of the item that you sent and by and large you are limited in the value that you can claim to that declared value.  It seems that you didn't declare the value of the accompanying insurance and so if you want, you can go ahead and claim it and we will help you but by and large although your chances of recovering the value of the watch are much better than 95%, The chances of you claiming the value of the lost insurance are much less.  It's up to you if you want to try . Please do the reading that we have advised and start preparing your letter of claim and post the draft here. I suggest that you think about posting up a draft letter of claim on about Sunday which will give you lots of time to do necessary reading  
    • The dealership is not the issue, the technician who I have known for a long time explained where the fault lies, the other garage for lack of a better word did a p**s  poor job of putting the brake pad on where the piston was not lined up correctly which caused uneven pressure on inner pad, the peg on rear of pad not sat ingrove of piston.
    • I Received a writ today from the sherif court there is form form 07 if intention to defend the solicitors are shoosmiths llp for Lowell portfolio    thanks please let me know your thoughts also much appreciated 
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Nikki vs HSBC ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6263 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

Just started on the epic journey to getting my money back and am raring to go! I sent my first letter to HSBC today asking for a grand total of £3644.24. I have two accounts with HSBC and decided to include both of them on one request rather than two separate ones - is this is ok? Is it possible to do that?

 

I also wanted to say a big thank you to everyone here - if it wasn't for all the information and support on here, I wouldn't have known WHAT to do! I have spent the last 4 hours reading and reading and r e a d i n g and I'd never have guessed there were so many people doing EXACTLY the same thing!

 

I'm so happy that finally we are all standing up to the big boys!

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Hi Nikki.

 

Welcome to the family.

No problem claiming both accounts. Just remember to include both account numbers where you normally put one.

 

Four hours reading? You've only scratched the surface.

This is a self-help forum and reading is the key. There is virtually every bit of information that you could possibly need, here. The more you understand, the easier your claim willl be.

 

If you have any questions and progress reports, post them in this thread.

 

Good luck with your claim.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Thanks both of you. Yes they are both personal accounts... Phew! I panicked a little about that - was trying to save a bit of money if it got to the court stage!

 

And yes, I know I have loads more reading to do! It'll give me something to pass the time - I am not the most patient person in the world! :rolleyes:

 

I'll keep you updated.

 

Nikki

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Oops, just thought of another question. I didn't send off for my statements as I did all calculations through my internet banking. If this does go to court, will printed statements off internet banking do? Or will I have to send off for 'proper' statements from HSBC.

 

I know I'm jumping the gun a bit, as there may be a chance it won't go to court, but I want to be ready if the time comes!

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Hi everyone,

 

Well... I have just been trawling through more information on the site - it's fantastic information, but there's SO much of it!!

 

I have just read that it's not the right thing to do to send a prelim letter mentioning the 8% stat interest... oops, already sent! The template was from the MoneySavingExpert site and I just sent it without reading on here as thoroughly as perhaps I should have!

 

I've also read that you can claim contractual interest on the charges you have specified (and I understand you can only choose either contractual or the statutory). As I have already sent my prelim, do I send an updated prelim to them, or wait until the 14 days are up and update the LBA? Am I being too greedy, or have a lot of people done this?

 

Also the big question is "Have they been successful??"

 

One last question for today (I promise!!) does anyone know what EAR stands for? My overdraft interest is charged at 15.9% EAR variable - not sure what it means! Was thinking of using this as the rate.

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Revised prelim has now been sent, hand delivered to my HSBC Branch Manager and he knew what it was before he even opened it!

 

He said that it would be forwarded to a special department who deals with all of this (I'm guessing Mr L then) and that they are inundated at the moment and I shouldn't expect a quick reply.

 

Secondly, I wanted to congratulate the huge amount of people that have had wins recently - there's been loads - keep it up! :D

 

Hopefully I'll be posting a win soon too....

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Well, received a response, not bad timing actually - 5 days after my revised letter. Usual bumpf - "we are looking into it... will get back to you... yada yada yada...".

 

I know I've got a long way to go, but it's comforting to get an acknowledgement. It's just the 14 days in between that seem so LOOOOONG!!

 

Wouldn't it be nice if they just started changing tack and paying out on the first letter?? Well... it's ok to dream eh....?

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

hi nikki

you'd think that as they were going to pay out in anycase...that they would pay out after the first letter - yeah it's nice to dream though lol

good luck with your claim

netty

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

Link to post
Share on other sites

Thanks Netty.

 

And yes you would think they would save money/hassle/time for themselves and pay up. But I'm guessing their tactics work well for them. A lot of people still lose their nerve before going for that full settlement. Which i fully intend to do!

 

I'm thinking of adding something to my next letter (or phoning Colin) to the tune of:

 

"I would like to point out that I am following the proper protocol for this type of claim and I would appreciate it if you would extend me the courtesy of doing the same. I absolutely intend to follow this through into court so please do not use the court system as a stalling tactic, or to scare me off. Many cases before mine have been acknowledged and defended by yourselves, only for you to offer settlement at the eleventh hour. If this goes to court, I will be adding the court fees to the settlement figure, plus contractual interest per day. I would ask that you save yourself both time and money and settle for the full amount now."

 

Or something to that effect. What does everyone think - am I asking for trouble - has anyone done this before?

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Also, how do I get my signature to show? Sorry if I'm being thick, but I read it only appears on longer posts - is this right? How long do they have to be??

 

Edit: Ha ha - I've seen it!! I think maybe I got up a little too early this morning - I'm still asleep... :oops:

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

  • 2 weeks later...

Hi everyone,

 

Just an update. Have have no more from Colin, so sent LBA a week ago today. Am chomping at the bit - roll on next friday!

 

Have had a good look at the N1 and will be filling it out soon.....

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Received an offer this morning. The letter is the usual "we believe we would sucessfully resist any legal challenge....however mindful of the irrecoverable costs involved... blah blah blah!"

 

However they mentioned that they "do not accept the (contractual interest as appropriate..." Has anyone (that has claimed contractual) had this too? I'm not accepting the payment and will be carrying on, but should I still go for contractual interest as well?

 

The offer (£2425) seems to be 85% of the total amount (minus cont. interest) so their initial offer percentage seems to be going up!

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

morning nikki

85% not good enough is it? so carry on with your claim. send them a letter to say you'll accept only as partial settlement as you are already going through the courts to recover the full amount.

 

good luck (at least you've had some sort of offer, i haven't heard diddly!! starting to take it personally now lol) NOT

netty

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

Link to post
Share on other sites

Morning Netty,

 

Thanks for that - yes I agree it's not enough - if (when) I get the full amount, it will more or less get rid of both of my extortionate credit cards! Which, incidentally, I'm at the SAR process with now :D. I never thought I'd actually see a light at the end of the tunnel for years... now it's getting closer...

 

Don't worry about not getting any offers - and I'm sure you're not - if you're going for the full amount, they're irrelevant anyway! I almost wish I didn't get an partial offer to be honest - I must admit I did hesitate for a just a tiny moment!:oops:

 

Good luck with you're claim!

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

thanks for your concern nikki, although the comments about the 'not having any offers' bit, was totally tongue in cheek!! lol i will not settle for anything less than 100% + 8% + court fees trust me - i used to work for them so this is so sweet being able to kick them in their own teeth - after they've been kicking me in mine for years lol

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

Link to post
Share on other sites

GO Netty!

 

I have a quick question - forgot to put this in earlier...

 

I understand the term 'Without Prejudice' - you cannot refer to this letter in court. BUT does it also mean that I cannot refer to my answering rejection letter either?

 

I'm thinking no, but wanted to check just to make sure....

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

That Lateralus - you must have read my mind! Was just searching for that...

 

And you're so right. It amuses me that the banks look down on using 'standard letters from websites' for claims, yet use their own standard letters! Goose... Gander...?

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

  • 2 weeks later...

Well, I haven't been on here for a while so just thought I'd write an update.

 

I filled out my N1 and took it down to my local court. Had my notice of service through yesterday - it will deemed as served today! Yippee!

 

I'm strangely enjoying all this :D - although have a whole 28 days to wait til the next stage. I doubt I'll get any offers before that (or for a while after I'm guessing!)

 

De dum de dum - just have to wait for the Acknowledgement now...:rolleyes:

 

Hope everyone else is getting on ok with their claims?

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

  • 1 month later...

Another update,

 

Filed AQ on the 8th April. Deadline was 13th April and HSBC missed it. Apparently now I have to wait for the paperwork to go before the Judge and he will issue an order for them to submit within another 14 days.

 

Is this another delaying tactic by the bank then? I find it astonishing that they are allowed to miss a deadline and then are given ANOTHER 14 days to submit it! A deadline is a deadline!

 

Still - I suppose I'm on the home stretch now, and if it does actually go to court, it won't look good for them...

 

SO what do I do now? Do I wait to hear from the court, or is it worth giving DG a call?

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Hiya Nikki, you have been busy with the rest of your cards and yes its totally out of order DG are being allowed to file their defence (AQ) so late but that’s up to the judge.

Regarding HSBC, have a look at this thread Lateralus has done some "nudging" letters to try to get DG to make you an offer.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html

 

pete

Link to post
Share on other sites

Hehe - yes I have busy! Figured I would do them all at the same time so I could get them all out of the way. It has worked out quite well - my two smaller ones have just been settled and they have covered all of the court fees!

 

Thanks for the link - I am having a look now.

 

Nikki :)

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

  • 3 weeks later...

I was in danger of hijacking surf's thread so I thought I'd better post here. To update on recent events, I appear to have been sent a new standard ex-gratia payment letter.

 

Has anyone else received this letter, and if so, have they sent a response questionning it and received a reply?

 

Dear Madam

 

Yourself -v- HSBC Bank pIc

 

Basingstoke County Court Claim Number: XXXXXXXX

 

We are instructed by HSBC Bank pIc in respect of the claim you have recently issued in relation to charges levied on your account in the period from 6 March 2001 to 3 February 2007.

 

You have supplied details of charges passed to your account for a period in excess of six years prior to the commencement of your claim. Our client will not entertain a claim in respect of such charges as they are limited by the provisions of the Limitations Act 1980.

 

We are at a loss to understand why you have sought to recover, what appears to be, overdraft interest from our client and, in addition 15.9% interest per annum upon the interest. Please confirm the basis of your claim in relation to your claim from our client of what would seem to be overdraft interest applied to your account.

 

In any event you will be aware that even without the charges applied you would have incurred overdraft interest and it is a basic condition of borrowing that you should pay interest on monies borrowed. Should you wish to pursue this avenue of your claim, please confirm to us the legal basis, together with supporting case law, of your claim for recovery of debit interest applied to your account whilst it was in a state of overdraft

 

We note that you have claimed interest at 15.9%. It is our opinion that the statutory interest rate of 8% per annum pursuant to s69 County Court Act 1984, is adequate recompense in respect of the charge from the date it was applied to the date of your claim. We do not believe that you are entitled to any interest over and above the Court statutory rate. If you believe this is not to be the case then please confirm to us the relevant legislation upon which you intend to rely on.

 

HSBC is entirely confident that its charges are reasonable, are properly and fully disclosed in its terms and conditions and published price list and you must have been aware that you would incur such charges depending upon how you managed your financial affairs. HSBC is confident that it was entitled to apply these charges and that it would successfully resist your claim in the Courts.

 

Your schedule has been checked against the charges actually passed to your account which has revealed some discrepancies. However, HSBC is mindful of the management time and irrecoverable legal costs associated with litigation in the small claims regime. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make an ex gratia payment to you in the sum of £4049.88. That payment is made in full and final settlement of your claims arising from the charges applied to your account in the period referred to above. It includes interest to the date of this letter, the Court fees you have paid and, where appropriate, any charges previously refunded to your account that you have failed to take into consideration in your schedule.

 

By accepting this payment you agree not to make any other claims relating to charges for the period stipulated above. HSBC also, reasonably, requires your confirmation that you will treat this payment

as confidential.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us and we will arrange for a refund to be made to you.

 

Yours faithfully

 

 

 

I accept the sum of £4049.88 in full and final settlement of my claim against HSBC for the charges applied to my account in the period from 6 March 2001 to 3 February 2007. I agree not to make any other claims relating to charges for the period stipulated above. I also agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential.

 

Signed:

................................

Dated: .

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...