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GYHOMS v hsbc... have just entered defence


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also, you can ask for proof of posting - and it is free at the post office - (recorded delivery is £1 and that includes the stamp).

or alternatively you could drop it into your branch and ask them for a receipt. when the 14 days is up - send the lba.

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so as i sent the letter demanding the charges back on the 10th (the one which details the charges im claiming back and giving them 14 days to respond) even though i have no proof of posting etc. on the 24th i should send the letter which says that if i dont hear from them in another14days i should file a claim at the court? or should i send the first letter again so i can prove when i sent it?

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  • 2 weeks later...

hello again, been a while since i last posted on here, am still waiting on hearing anything from the bank bout my claim. when the 14 days from the 1st letter were up, i sent the lba, and rang the bank to say i was concerned that i had not heard from them, and they said that they would be working to an 8 week timetable. They also said that the had written me a letter about it which i never got. anyway, theyve got until 10/04 till i enter a claim at the court - which i'm totally up for doing - im just surprised that ive heard nothing at all, not even a rubbish offer, from what ive read most people at least got some sort of rebuttle?

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i've been saying for months - their response comes in three equally measured responses - the "no response" - that's you, or the "fob off response" - where you get a letter (oh, and sometimes a reference number!!) saying they will get back in oh, maybe 2024, and then there's the "sod off response" where they write a letter (sometimes with a glossy pamphlet included!) and say they believe their charges are justified and please go away and don't come back.

so, you actually got the least offensive response - nothing!

 

14 days from the lba - just file your claim.

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hey there lateralus, am filing my claim tomorrow morning at the court, and so's im all ready to go im preparing my defense just in case hsbc decide to try and defend it. all looks fairly straightforward, just one thing which made me wonder. On the courts service website, where its describing the claims process, its talking about alternatives to court in settling disputes, and it mentions that ombudsman schemes are a good way of settling disputes. obviousley ive given the bank fair warning and the opportunity to reply to me with their side of the argument, but i havent made a complaint to the financial ombudsman myself as i know theyve already got a few people complaining! did any of you guys make a complaint to the ombudsman before filing your claims? if it does go all the way to a hearing then im guessing that me having made such a complaint can only help my case, but if i havent then it wouldnt affect my claim...? Cheers

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don't really know if it would help your defence - i think most just write to the ombudsman when they are really p-d off about something - like netty has because they won't pay up on an old midland acct even though she's got the book. it certainly wouldn't hurt - but i'd make it clear to them that you are following the CAG plan to getting it back - they most likely will want to know about it if you aren't successful. on the other hand - i've read that they charge the bank £600 for every complaint they have to look in to. that's reason enough to complain.

 

 

after you file - assuming you are doing the N1 route as you say you are going to the court - so, when you get your acknowledgment - send dg a copy of your breakdown. their address will be on page 2 (you'll get it in a couple of weeks)

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cheers lateralus, just filed my claim at the court, pretty scary stuff, am dead chuffed as they agreed to give me a remittance on the court fee whcih really helped. Rang the bank just before i went in to give them one last chance to pay up before i filed it - they said they had 60 days to respond and were still thinking about it! anyway, i said i'd see them in court so its all go now. Am gonna go sit in on a few small claims so i can see what im in for, plus am preparing my case still. on the notes on here about going to court its recommended to use the interview with Peter mcnamara - cant see whats uselful about his one, he doesnt really seem to give the game away as it were, think i'd be better off using a soundfile from the whistleblower program, as it actually has some stuff about the actual cost of bouncing dd's etc. anyway, guess i've got a couple of weels to think about that sort of thing. Am gonna get started on trying to get something done about the rip-off ppi on my personal loan!

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  • 2 weeks later...

got my acknowledgement of service through the post this morning - bank intends to defend the whole claim apparently, have the dg solicitors address on the bottom, when you said send them a copy of my breakdown, is that just my schedule of charges, or do i need to send them the part on the claim form which says why im taking them to court - bank charges are unlawful etc? really starting to feel like im getting somewhere now!

 

cheers

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Just the schedule of your charges. Make sure that the figures agree with the claim you have submitted.

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[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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  • 2 weeks later...

we have two good friends just made moderators recently - so in the private messages box upper right - press private message. then on the left - compose message then on the to: make it garyh or hsbcrusher, either will be happy to help.

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doh! didnt manage to send the nudging fax as been a tad busy this week, and HSBC have only gone and entered a defence already! I only know this as i rang the court today and asked, so far i have recived no correspondance at all from the bank (other than the statements , which had a covering letter to say that they were happy to cover all the costs of doing thst themselves, which was suspiciously nice of them i thought...wondering if theyve go something up their sleeve for me?) was really hoping they'd make an offer, as i really need that cash, and would have taken slightly less. i guess i'll get a copy of their defence, so's i can see their reasons, can i still send them a nudging fax, or am i beyond that point now?

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