mlloyd Vs HSBC

[mlloyd]

Latest letter...

 

Thank you for your letter dated 08/03/07. I respectfully decline your offer of £****** as settlement of my claim.

 

My claim is for £******* as outlined in my Particulars of Claim, plus court costs now of £220 (£120 MCOL and £100 County Court), and this claim will continue until payment is made in full.

 

In regards to your calculation that certain portions of my claim fall outside of the 6 year time limit, my initial correspondence with your client as I’m sure you’re aware began within this time limit. Letter’s will be provided to the court as example of contact in May 2006.

Please be aware a further two charges have been made on my account since beginning legal action. This only serves to fuel my determination!

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

-----------

I need to phone the court tomorrow and see if they have completed their AQ form.

[mlloyd]

Nothing more yet.

[mlloyd]

Extension from Court for "parties to resolve the matter" till the 17th. Damn it's such a long winded process!!!

 

Is there anything I can do?

 

Should I contact DG?

[lateralus]

17 april?

 

give them another few days to respond to the 13 mar letter -

they've offered - you rejected - give them a chance to offer again.

 

 

if you've heard nothing by next tuesday - that would be 2 weeks - i would think you are ready for the nudging letter in post one of this thread:When you have filed your AQ................(1

 

whether you decide to offer to take a little less than your original full amount is up to you - but as they've offered once, you can assume that about 4k is on the table. you want what, nearer 5k - so what say you offer to take 4800 - it might move things along - assuming you'd be happy with 4800

but give the last letter a chance first.

[Janet-M]

mat before you send any more letters or you phone them can you let us know what you plan on doing first on this thread and wait for a reply .Just you seem to of jumped the gun a bit in the past but because you had already sent the letter / phoned it was to late to advise you .

 

Everything is fine , nothing to panic about just we wouldn't want to see you making any mistakes at this stage

[mlloyd]

mat before you send any more letters or you phone them can you let us know what you plan on doing first on this thread and wait for a reply.

 

Recieved a responce offering me £4299, but I'm not happy I want to hold out for the lot. I was about to write a responce when BankFodder got intouch, says he's going to help me out this weekend, will keep you informed.

 

Thanks for being concerned...it's nice.

[mlloyd]

17 april?

 

give them another few days to respond to the 13 mar letter -

they've offered - you rejected - give them a chance to offer again.

 

 

if you've heard nothing by next tuesday - that would be 2 weeks - i would think you are ready for the nudging letter in post one of this thread:When you have filed your AQ................(1

 

whether you decide to offer to take a little less than your original full amount is up to you - but as they've offered once, you can assume that about 4k is on the table. you want what, nearer 5k - so what say you offer to take 4800 - it might move things along - assuming you'd be happy with 4800

but give the last letter a chance first.

 

Think BankFodder is currently tied up. Lateralus do you think I should send them a copy of your nudging letter? Any rounding would now be the 5k mark due to court costs, I'm not prepared to go lower.

 

I know I'm an eager beaver I just want to get it sorted ASAP.

[lateralus]

yes, ok, i don't see any harm in trying to resolve it this way.

did you send a rejection of that previous offer.

why don't you get one ready and post it here for us to check it out.

don't hold those two charges up to them - they were well after the filing, right? and as such are not included - you could however use them to start another claim when you are ready OR use them as a sort of leverage when they make a better offer. but don't just add them on. i'd lay out in the letter a little equation charges claimed for in the mcol: + 8% interest +court filing fee + aq filing fee = total: xxxx.xx just to make your position crystal clear. so, work that into the nudging letter and post it here (with details xxxx'd out) and let's see it before you send. ok?

[mlloyd]

OK ok update on state of play.

 

I have not yet sent rejection letter to last offer of £4,299.36 an extra £150 since I pointed out that further charges have been added to my account.

 

Judge stayed the claim till the 12th April 'to enable parties to attempt settlement', stating on or before the 24th April I must notify the court that the claim is settled, or write asking for an extension, or both parties must file a completed allocation questionaire.

 

So heres my next letter, I haven't sent it yet, as requested I'm posting it so you can check it out:

 

 

Thank you for your letter dated 21/03/07. I respectfully decline your offer of £4,299.36.

 

My claim is for £4xxxxx as outlined in the particulars of my claim plus Money Claim Online fees of £120 and Allocation Questionaire filling fee of £100. In total this now amounts to £5xxxxx.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxxxx.

 

I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. This case is stayed until the 12th of April, please be aware as advised, if your reply is unsatisfactory I will be informing the courts that I would like to progress to the next step.

 

I look forward to hearing from you.

 

Sincerely,

So what do you think? Would like to get this sent and moving.

[lateralus]

letter looks fine - only thing i'd add is - did dg put any reason for not paying something - like over 6 years, or overdraft interest or some reason for offering that amount? if so, you might do well to address the reason specifically - like you disagree with their interpretation of the 6 year limit as your charges are within six years of your first notifying them or whatever - see what i mean - if they've not given any reasons for offering low - then send it like that.

[mlloyd]

Ok letter faxed and mailed this morning. Should DG come back to me without a satisfactory responce, what action should I take. I'm not happy with anything lower than I indicated a final letter saying "see you in court" probably isn't a good idea?

 

Should I send them a letter stating, thanks for the offer however I'd rather resolve this now, in court?

 

Would like to get the letter prepared as the courts are expecting corespondence before the 24th.

[Barry Kushner]

Hi Laterlus,

 

Do you have a copy of the AQ for me to look at. I have filed a claim and received notice of a transfer of proceedings.

 

I am in contact with the court to take the next step. Can you advise please?

 

Barry

[Barry Kushner]

Hi Mat,

 

Can you help me? Did you complete the AQ? Were you sent it by the court and did you get help filling it in.

 

Barry

[mlloyd]

Hi Mat,

 

Can you help me? Did you complete the AQ? Were you sent it by the court and did you get help filling it in.

 

Barry

 

Hello Barry,

 

I was sent the AQ form by the courts and filled it out using the information here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Stay positive Barry, you will get your money back!

[mlloyd]

Received unsatisfactory reply from DG Solicitors in which they continue their last poor offer. There latest correspondence states:

 

“Your latest correspondence is repetitive in the sense that you continue to state that initial correspondence with our client began within the time period and that you will be perusing the full amount. We have confirmed to you that the date to note in respect of the Limitation Act of 1980 is the date of commencement of the claim. Once again we ask you to confirm the legislation upon which you intend to rely on in this regard.”

 

“you continue to fail to address the point of overdraft interest applied to your account. Our client will not make a refund to you in this regard. It has been communicated to you previously it is a basic condition of you borrowing monies from our client” and “you have failed to confirm the legal basis of your claim in this regard and we therefore request that you confirm the legislation you intend to rely upon in this respect.”

 

As before the Judge stayed the claim till the 12th April 'to enable parties to attempt settlement', stating on or before the 24th April I must notify the court that the claim is settled, or write asking for an extension, or both parties must file a completed allocation questionnaire.

 

I now feel I have gone as far as is possible with DG Solicitors and am prepared for it to go to court. Whilst I understand this is not the best course of action I really am not happy with the offer on the table. I do however feel I should write them a letter informing them that I’m unhappy with how they have dealt with me and ‘I’ll see you in court’!!!!!!

 

HELP, I really am at the end of my tether!

 

POSSIBLE REPLY:

 

Thank you for your letter dated 16/04/07. I respectfully decline your offer of £_______.

 

My claim is for £_______ as outlined in the particulars of my claim plus Money Claim Online fees of £120 and Allocation Questionnaire filling fee of £100. In total this now amounts to £_______.

 

In regards to your calculation that certain portions of my claim fall outside of the 6 year time limit:

 

Your client I’m sure has been well aware of the highly publicised ‘charges campaign’ and also the OFT report highlighting the law and the bank's obligations.

 

By your client continuing their charges regime after the date of the first OFT report has been concealing its charges regime and therefore has lost the protection of the Limitation Act.

 

I do not believe that the Limitation Act offers any long-stop mechanism so that if you concealed the facts one year ago then you do not merely accrue an additional year of liability. I think that a single instance of concealment invokes s.32 and the limitation barrier falls away completely.

 

I have sent the nessecary papers to the courts and am preparing my case against your client.

[lateralus]

without going back and rereading your thread - do you have some charges from before mar.01 - would you be prepared to loose them - for the sake of a resolution? up to you......

also, did you include this sentence anywhere in your correspondence - if not and you are claiming overdraft interest - repeat it to them:

 

I understand you have a policy rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim again, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

As for the charges outside their time limit (which i agree is arbitrary but you'll have to ask bong or crusher how to defend them). why not try a swap - if they'll pay those two they have put on since you claimed - you'll loose the ones from before the six years (dating from when you filed - rather than initial contact..... might be time for a little compromise.

[mlloyd]

 

As for the charges outside their time limit (which i agree is arbitrary but you'll have to ask bong or crusher how to defend them). why not try a swap - if they'll pay those two they have put on since you claimed - you'll loose the ones from before the six years (dating from when you filed - rather than initial contact..... might be time for a little compromise.

 

Sent further letter this afternoon and included your extra little bit. Whilst I agree maybe a compromise is in order I also wonder, why should I. I have come up against nothing but contempt from my bank and their solicitors. If they came back to me with an offer I thought was good and not a pathertic attempt to fob me off then I would. However nothing yet.

 

Fingers crossed. And thanks for your help lateralus much much appreciated.

[lateralus]

you're welcome - hope you hear something back in a couple of days.

[bakingpowder]

Hey mlloyd,

 

this is TG from JHQ! dont let the buggers grind you down, you'll get there!

[mlloyd]

you're welcome - hope you hear something back in a couple of days.

 

Nothing yet..... fingers crossed!!! PS Hello TG I sent you a message on myspace.......

[mlloyd]

Still nothing, should I send a follow up?

[lateralus]

yes, i think a follow up - is it worth ringing the court to see if there is anything different - or is it just a court date whenever - if you don't think anything is different with the court - then go ahead and write a follow up letter - maybe send a copy of your rejection letter to their offer and a politely worded (even if you don't feel it) cover note - saying - that you haven't heard from them regarding your letter - would they be so kind as to respond. or whatever - but keep a cool head - don't make them angry - just make them get the damn file out of wherever it is. a little - i know you are busy,, but... stuff.

yes, i'd send them a letter, with a breakdown and a copy of your last big letter.

[mlloyd]

Settled for a healthy sum of just over £4300, needs must!!! Obviously didn't sign non disclosure!!! Not bad as they originally offered me 2K.

 

Thanks for everyones help.

[lateralus]

congratulations.. well done.

spend wisely..