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hsbc v sbennett ***WON***


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had a letter from the courts saying that d&g will be representing hsbc not read the letter yet as it is at my mums - i dont think it says a date yet for my day in court:o

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don't know if that could be their defence and if it is - may also have some other instructions for you from the court - or possibly not - as you've done the n1 - you may or may not have to do the aq. depends on the local court. so, just read carefully and see if there are any court instructions with the letter.

did you send dg a copy of your breakdown at any point - if not - send them one now, referencing your claim number.

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yes i sent one to them as soon as i filed my n1 and had a reply with a court number from the court - i also asked dg to add the schedual to there records which they will be making when they recieve instruction from the courts.

 

should i send them another or ring and pester to see if they have it.:confused:

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yes, i get it now - since you filed an n1, you wouldn't get a notice of transfer and with aq's dispensed that only leaves a copy of their defence for you to receive - so all is well and ditto what pd wrote.

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been afk for a while anybody got any news regarding how hsbc are defending or when they are paying up. i have already had contact from court telling me dg are intending to defend fully. after that letter when will court give a date?

 

cheers

 

steve

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we can't say - it depends on the court. just watch for it

on the other side of the game - you start nudging dg now into making an offer - check this thread - post 1 gives ideas for letters

i letter every 10-14 days with a breakdown until they offer.

 

New---after 28 Days - Maybe No Aq!!!!!!!

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Hi Dark

 

I got the Intend to defend routine then a date for PTR for 13th of July

 

Bang!!! 1st May Offer acceptance sent on the 8th, Cheque arrived today the 16th

 

It wont be long now you are nearly there.

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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hmm i think we have spies - after posting what i will continuing with i recieved 3 letters from hsbc 1 for each account each 1 stating they dont want to pay interest but will happily refund in full my charges:D

 

but i find this slightly unnacceptable due to them letting me get to court stage - so what i am going to do is send them a letter saying ty i will accept this refund with conditions

 

1. i will reserve my right of disclosure.

2. would impose that they refund me my costs (court fees postage etc)

3.pay me what im asking for within 10days (which they have stated they will do)

 

so i will ask one more favour from the consumer action group - i need by sunday a couple of sample letters or links so that i can change these for my own need.

 

tbh i cant believe they are abusing the court system to their gain on each account they r willing to pay less than asked for but not by much about £200 over 3 accounts, i am refusing that amount but will be pointing them in the direction that i will take that as part payment to the full amount plus costs less interest if they settle within 10 days to save the court system time and money. if someone has such a letter let me know and i will type out what they have said in the letter so you can match a letter to my needs.

 

am very tempted to say yes but give me x amount plus this cost and i will inform dg and the courts we have settled.

hmm actually that sounds better.

 

well i think i will settle but on my terms not theirs.

 

any advice welcome :-D

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Your taking the right approach, there is a letter in the library here for partial acceptance of an offer which you can probably edit to suit your needs,

One thing I would say is Uncle Colin and his merry band of drones tend to be very slow doing anything so I wouldn’t hold your breath.

You actually have two pieces to your claim at the moment, firstly your offers from HSBC Leeds, if you can get them to a point where you are happy then take them (but only if you are happy) and secondly your County Court Claim where you will be dealing with DG solicitors, let this keep running until you have the cash in your hand.

pete

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well im guessing they have left the offer very late as im due to get a court date soon - i am happy to accept the money without the interest and not goto court but i want my costs back too and be able to keep my right of disclosure. i will have a look for that letter and edit it accordingly.

 

cheers steve.

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if the rejection letters don't do it - here's a couple more you could tweak - or pm michael browne as he is ace letter writer:

Rejecting Offers

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately your offer has failed to include my allocation fee of £100 and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

__________________

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

Unfortunately, I find that you are about to charge me a further £150 on 25/5/07. If you were to reverse that upcoming charge I would then feel comfortable accepting your offer as full and final settlement. The total amount I would accept is £XXXXX plus the reversal of the £150 charge scheduled to be taken from my account on 25/5/07.

 

As soon as I receive confirmation from you that you agree to this arrangement, I will accept the offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

 

 

 

certainly you can take any and all of these and tweak to your likeing.

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