HungerfordMan vs HSBC

[HungerfordMan]

First letter: Sent 17/01/2007

Reply Received 31/01/2007

 

LBA: Sent 31/01/2007 signed for 01/02/2007

 

Offered: 92.77% of claim (what i would have filed with MCOL) on 15/02/2007

 

Accepted : 92.77% offer accepted 16/02/2007

 

 

Well hello all. Im new to this site, but started my claim a while back after reading about the reclaims on money saving expert.

 

I finally sent off my First claim letter and schedule of charges to the bank last Thursday, so they have until the 31st January until my second one goes.

 

I have learnt a lot on here since sending my letter, but at the time, i claimed for all my charges, and added all the interest at 8% as well. I guess time will tell whether that was a good or bad thing.

 

So particulars:

 

First claim letter: sent 18th January

Total Claimed: £ 2260.49 ( Charges: £1817.50 / Interest: £442.99)

 

 

Fingers are now crossed , and ill let you know how i get on.

 

Thanks to all, both here and at money saving expert for the inspiration to get back money that i thought was gone forever

[HungerfordMan]

Ok well im back,

 

Im just starting to draft my LBA which will be sent on Thursday morning.

 

Can anyone clarify which is the best address to send this too, and to who it should be addressed ?

 

Many Thanks

 

HungerfordMan !

[dollies01]

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

Is the registered address

good luck!

[HungerfordMan]

Well maybe HSBC are getting quicker.

 

I received a response from the infamous Colin Langdale, with a Leeds address on it this morning.

 

We are looking into it, blah blah blah, will get back to you, blah blah .....

 

A response within the first 14 day period !

 

So LBA is written and will be popped into the post box this evening (sent it by recorded after reading other posts !)

[nettyg]

standard codswallop letter - stalling for time!!

just stick to your timetable

good luck with your claim

netty

[HungerfordMan]

So how long should the LBA give the bank ? I have been using templates from a different site, and just noticed that my LBA letter gives only 7 days to respond.

 

Is this okay, or is a longer time frame recommended ?

 

Secondly, in the unlikely event that the bank were to offer a full settlement, i would have to take it , as i assume i would not have an argument to take them to court and try and get interest as well. Is this correct ?

[dollies01]

Give the bank 14 days to respond to your LBA.

IF they offer a full settlement, then yes you do need to accept it.

hope this helps

[HungerfordMan]

Ok they signed for my LBA this morning, so here we go..........

[HungerfordMan]

Not that i am impatient or anything.... :grin:

 

Registered with MCOL this morning, so that i could familiarise myself with the setup.

 

One thing i didnt realise, and that is worth knowing. You can fully enter your claim now and then not submit it until your LBA deadline is up. That is really handy as you can take your time to fill in the MCOL correctly , yet be ready right on the LBA deadline button

 

So my claim is all entered, all i need do now is sit back and wait for the HSBC not to offer me anything after my LBA.

[nettyg]

yes hm

you can pop in and out of the claim anytime you like and check that all the particulars are to your satisfaction. then when the big day comes... you just press that submit button and hey presto - you've filed your claim!! cool aint it?

[st24driver]

Hi there hungerford man reading your thread thanks to yourself and netty thats something new I have picked up on the mcol so I can look into that ready for the filling time, unless colin wants to pay up in full to pay for the new fitted wardrobes that are coming in march (may have to redesign them for a space for him) :D

[HungerfordMan]

Just popped in for a quick update.....

 

2 days to go to McDay, and still not heard a dickie bird from Colin after his fob off !

 

So , i have registered and completed with MCOL, and saved the particulars ready to file.

 

So what next, i file the claim and wait ?? Or do i have to send anything to anyone else in the meantime, or wait for the postman to bring something from the court ?

 

Stupidly thought id of got an offer by now, but now want to get another step or two ahead of the game !

[lateralus]

just hang on - file your claim (are you happy with your partics - cuz i'll gladly send mine as another example to look at and copy), when you've filed:

if you are reading threads you'll know first the court issues the claim (you'll get a copy), then you hear when dg acknowledges the claim - at this point you send copies of your breakdown - 2 to the court and 1 to dg (address on pg 2 of acknwl) and to both you reference your claim number, then you wait - they have 28days from issue date to file a defense - you'll know by the mcol status where you are (paperwork follows each stage a day or two after the mcol site registers a change). that's about it. let me know if you want to look at my particulars.

[nettyg]

"that's about it. let me know if you want to look at my particulars"

lol... lats it's a good job we know what your'e on about!!

[lateralus]

i did a little tee-hee when i wrote that!

[HungerfordMan]

well well i dont know !!

 

Anyway, all these talk of particulars, heree have a look at mine !

 

Any comments appreciated !

 

The Claimant has two bank accounts,

xxxxxxxx and xxxxxxxx with the Defendant.

Between 16/02/2001 and 17/12/2005 the

Defendant debited charges and interest in

respect of purported breaches of contract.

Defendant is aware of all details as a list

of charges has already been supplied.

Claimant contends: The charges exceed the

Defendant's losses caused by the breaches;

The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. Claimant claims:

return of the amounts debited of £xxxx.xx;

Interest per S.69 County Courts Act 1984 of

8% - £xxx.xx continuing at 8% until

judgment or settlement at a daily rate of

£0.xx; Alternatively, if the charges are a

fee for a service, then they must be

reasonable under S.15 of the Supply of

Goods and Services Act 1982. Costs allowed

by the Court.

[HungerfordMan]

aha Thursday Conundrum (sp) time !

 

Obviously we are back to the Thurs/Fri/Sat offers syndrome.

 

So to the offer, its not bad ...... given that i was going to file MCOL today !

 

The offer 1630.00, against a claim of £1815.00, although i will lose 1 months charges at filing MCOL, because of the 6 year thing, which would make my claim £1700.00, and theyve offered me just 70.00 less.

 

I also know that i claimed for one lot of £30.00 thats already been refunded, so in actual fact i make it that they are only around £40.00-£50.00 short of a full refund !

 

To take it or not to take it ....... hmmmmm im going to spend the day thinking about it , but as i ve just spotted a camper van i want to buy its very tempting.

 

Thoughts for and against please !

[nettyg]

how much do you want that camper van hm??? i think it's a pretty good offer to be honest but it is entirely up to you.

[lateralus]

i was thinking the same myself - sometimes on here - you get the go get it all advice - but sometimes - i think, why put yourself through another 6 weeks of hassle - except you would also get the 8% if you file - your decision entirely - we support you either way.

[HungerfordMan]

yes i think i will sleep on it, and of course see the letter in the flesh, which i havent yet

 

I didnt expect to see an offer which was so good which is what has thrown me. If it had been the 80-85% mark i think i would automatically have ploughed on but at over 90% , hmmmmmm

[dollies01]

Personally I'd take their hand off

but then Im an impatient spendthrift.

Be calculating in your decision

flip a coin or summat

lol

[HungerfordMan]

Ok well i think ive reached a decision.

 

Im going to accept the offer i have had. If someone had told me five weeks ago id have £1600.00 winging its way to my account id have had them committed !

 

The offer letter is the standard, ....... fees, blah, blah, published price list, blah blah, personal banking terms, blah, copy, blah. If taken to court we would successfuly resist , blah blah, yeah right !

 

HSBC, mindful , blah, blah, so for commercial reasons and without any admission of liability whatsoever we are prepared to make payment of £xxxx.xx

 

If you accept, blahdy blahdy blah ........

 

There is no mention of confidentiality as i have seen previously, obviously they figured everyone else was just crossing this out, and perhaps they figured they could make cutbacks on ink

 

Also contains information about what to do if not happy !

 

Might just give the "Senior Manager" a prod in the morning, see if i can get him to "up" the offer a little, out of pure cheek ! Another £50.00 would be another £50.00 after all

 

Will be back with a donation when money reaches town. Thanks to all for your advice, and good luck to all fellow claimees. May the offers be with you !!

 

For now i bid you farewell, and suggest i can be moved to the "Successes" , lord knows we need some new ones in there !

[nettyg]

hey.... i've been told your'e getting the beers in!!!

congratulations

netty x

[HungerfordMan]

Thanks Netty, for the congrats, and for being one of my main inspirations in the first place !!

 

Of course beers are on me !! Oooops there goes another one

[FergalThang]

Congratulations!! Hopefully there will be a few of us joining you in the next couple of weeks