5 days to go before Court Commences!!!!

[Monoloco]

Hi,

 

I was wondering if anyone can give me any advice as I'm in a bit of an odd situation!

 

I have gone the whole hog with HSBC, letters, court etc. I was sent an Allocation Questionaire which I completed (with thanks to the site!) and returned by the deadline on Mon 22nd Jan.

 

I then received a letter from HSBC on Wed 24th Jan (so I'm assuming sent out on Mon/Tues) offering me the charges but not the interest. They claimed the whole 'interest is legal' etc etc. The normal spiel. I replied with the template letter 'I will accept the offer as part payment etc etc..........I fully intend to obtain a refund of my charges via the court if necessary. I hope this clarifies my position' - or words to that effect.

 

I then received a letter from DG Solicitors on Thurs 25th Jan offering me £30 short of the total amount claimed, including interest. But obvoiusly

there are the bank charges to consider.

 

The letter also had an agreement I was to sign stating that any charges incurred between Jan 2000 and Dec 2006 were now settled. However, I have only claimed for the period Jan 2000 up until Sept 2006 and know I have some charges between Sept and Dec 2006 incurred while moving house etc.

 

I have not replied to the letter from DG Solicitors.

 

On Thurs 25th I also received a copy of a letter the court has sent to HSBC instructing them to return their AQ by 1600hrs on 06 Feb or I would win by default. This would suggest to me that they had not made the initial deadline.

 

Any advice on whether I should call DG Solicitors and inform them that I decline their offer as I require the bank charges and court charges incurred during the whole affair?

 

Or should I wait and see what HSBC come back with and if necessary wait until their AQ deadline of 06 Feb???

 

Any advice greatly appreciated.

 

ML

[Monoloco]

Have just received a letter from HSBC this morning, dated 30 Jan and reproduced below.

 

'Thank you for yor letter dated 10 January 2007 regarding your bank charges of £XXXX.XX.

 

The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable. The contract between the bank and its customers is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section2. If you authorise a payment that would, if met by us, lead to your account going overdrawn or over an agreed limit the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list and the circumstances in which these charges will apply are clearly set out in the terms and conditions which you will have been provided with a copy when you opened your account.

 

Whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the banks position. Of you are not satisfied with the banks response you should now refer your complaint to the Financial Ombudsman Service, as theis represents our final respsonse on this matter.

 

yours sincerely

 

Colin Langdale

Senior Service Quality Officer'

 

 

 

HELP!!!!!

[thecornflake]

I would reply to the 25th Jan letter to say you're not accepting the offer, as to simply ignore it may look bad should it end up in court.

 

I don't think you need to reply to the latest one. It almost sounds more like a fob-off letter to a prelim or LBA than what I would expect at this stage. Maybe they've got mixed up which if true is certainly in your favour.

 

It'll be interesting to see what happens with the AQs.

[Monoloco]

Thanks for the advice. I will contact DG today and speak to them about a settlement and - fingers crossed - I'll stop waiting for the post each morning!

 

I shall keep you posted!