rob-the-viking has a punt

[rob-the-viking]

Got a letter today from Colon thanking me for my letter and stating that he is investigating the matter! Wow, I feel so special that he's taken the time to respond to me personally and hasn't sent the same blanket letter that everyone else got with a rubber stamp for his signature! Unlucky matey, LBA is coming your way on Monday morning.

[nettyg]

then the fun begins.... good luck

[Castlebest]

Good Luck Rob, I posted my LBA today fingers crossed.

Now I just sit back and wait 14 days then push the big red button in MCOL (if its not a big red button it should be:))

[rob-the-viking]

The LBA went to ruin another week for Colon on 12/02/07, 14 days runs out on Monday and I can't wait to get into a bit of MCOL action!! I know it's unlikely to go to court, but I'm trying to prepare myself for every eventuality, as all the FAQ's and beginners guides tell you to do. Should it come to that and I ended up losing (Cold day in hell before that happens!) would I get a CCJ against my name?

 

 

Hope all is well with everyone.

 

r-t-v

[nettyg]

can't answer that.. becase no-one's ever lost - have they???

[givememymoney]

If you did go to court and If you lost then you would not get a CCJ. You only get a county court judgement if the court issues an order saying you must repay a debt. In this case you are the one seeking to be refunded for illegal charges not the person who potentially owes a debt. Not sure if HSBC get a CCJ though if they lose hmmmmmm....

[nettyg]

If you did go to court and If you lost then you would not get a CCJ. You only get a county court judgement if the court issues an order saying you must repay a debt. In this case you are the one seeking to be refunded for illegal charges not the person who potentially owes a debt. Not sure if HSBC get a CCJ though if they lose hmmmmmm....

 

not illegal - unlawful

[rob-the-viking]

Thanks for the replies guys and gals, now that I think about it, the answer is kind of obvious! DOH!!

 

"You can wear shorts all year round if it's summer in your soul!"

[rob-the-viking]

OK, so I'm about to fill in my MCOL, to submit it on Monday. I just have one question, after reading through the various guides, it states afterwards:

 

"Once you have submitted your claim by MCOL you need to send your schedule of charges to the court to be served with your claim."

 

I've had a look and It would appear that my case might go to one of two County Courts. So how do I know which one to send this letter to? Will it tell me which court is to deal with it once I've submitted the MCOL or is it best guess?

 

r-t-v

[nettyg]

hi r-t-v

at this point you are dealing with Northampton County Court (MCOL) so copies to be sent to them. It's only when hsbc defend that the case will be transferred to your local court... that's a bit further down the line

 

Northampton County Court

21-27 St Katharine's Street

Northampton

NN1 2LH

[rob-the-viking]

Thanks for the advice netty. I've submitted it and is was issued today, served in a couple of days then the 14 day countdown starts........

It's hard trying not to the spend the money already! I see there was some coverage in one on the tabloids on Monday, I wonder if the banks are going to attempt in vain to do something to prevent the floodgates from opening?

[lateralus]

next you'll get the acknowledgment - that's when you send 2 copies of your breakdown to the court referencing your claim and 1 copy to dg (address is on page 2 of the acknow.) also referencing your claim number.

and yes, the date of issue is the date you start counting.

[rob-the-viking]

Claim acknowledged today, 02/03/07.

 

The countdown begins.................

[lateralus]

actually - counting starts on issue date but who's splitting hairs!

[rob-the-viking]

Received an offer today for about 3/4 of the total amount, I'm in the process of writing a letter back rejecting it, i've differed from the norm slightly, i'll post it here when it's done.

 

r-t-v

[rob-the-viking]

My House

 

 

 

Date 03/03/07

 

HSBC Bank plc

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

Re: Account number 12345678

 

Response to settlement offer.

 

Dear Mr Langdale

 

Thank you for your letter dated 2nd March 2007. I respectfully decline your offer of Full and Final settlement.

 

I feel I must respond to the following extract from your letter:

 

“If your claim for a refund proceeded to court, we therefore believe that we would successfully resist any legal challenge in relation to these fees.”

 

If you have read my file then you will have seen that I currently serve in the Armed Forces. During recent tours of the Balkans, Iraq and Afghanistan, I have been shot at, physically attacked and mortared more times than I care to remember. Therefore the threat of going to court over this matter is not something that scares or intimidates me.

 

You may not have been aware that I have already commenced legal action against you for the full amount plus interest and costs on 27th February 2007 and I would ask that you now refer this matter to your legal department for further instruction.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

 

 

 

rob-the-viking

[rob-the-viking]

Too much?

[lateralus]

fantastic letter - get it sent. possibly give your claim number just in case he is so bowled over he wants dg to send a full offer immediately.

 

one more sentence. i requirexxxx.xx + xxx court cost - totalxxxx. to settle this claim and halt the court action.

[Guest Battleaxe]

Go get them Rob. He thinks you can be intimidated? Stupid boy.

[VeryTrying]

Terrific letter, Rob. Just one suggested change: in the first line you say "offer of full and final settlement". That's only HSBC's version. We know it's only part settlement. So perhaps you could say "offer of part settlement". Or an I splitting hairs? Lattie?

 

 

PS Now I know your professional history, you weren't in the Amarillo video, were you?

[lateralus]

yes, ok - just leave it at .. decline your offer.

 

good point.

[rob-the-viking]

Ok, letter has been duly edited and posted to Colon today. Thanks for the advice once more Lattie, Battleaxe and VeryTrying! Should this go to court it will be heard at Huntingdon, so you're more than welcome to come and heckle from the public gallery Battleaxe!!!!

[Guest Battleaxe]

hahaha Judge Blomfield and I are more than nodding acquaintences now, he will most probably expect me to plead your case Rob.

[rob-the-viking]

I had a feeling you might be on first name terms!!

[rob-the-viking]

Got this in the post today, just so people new to this know what to expect here it is: (Edited of course!)

 

 

They intend to defend......I am positively quaking in my boots.

 

hope all is well with everyone.

 

r-t-v