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LoidPhil v HSBC **WON**


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Quick, Freaky, get me that Ambulance!

 

Would you believe it but less than 2 hours after sending an email to Kate to inform her that my Court Bundle is on the way, I was sat down with a cup of tea and a biscuit when the phone rang..........and Rachel Dabydoyal from DG Solicitors announced herself. I nearly choked on my Ginger Snap!

 

Rachel informed me that due to the amount of claims with which Kate is dealing some of them, including my wife's, had been passed to her. She informed me that a letter will be sent to my wife by 1st class post today, but she couldn't disclose what that contained as I was not the account holder (despite my wife having sent them written authority to deal with, and disclose information to, me). Anyway I didn't argue the toss and merely thanked Rachel for getting in touch.

 

So, I'll be waiting to snap the Postie's hand off in the morning. Let's hope it's good news!!! Please.

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Wow! that sounds great to me! It has got to be the offer!

My predictions are getting better!

Don't let the postie pass without checking the bag!

 

So it could be perfect timing. Big lump in the bank and big lump out............No no no I won't go on, sorry!

 

Keep us posted on both forthcoming happy events!

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nice way with words!! lol

 

I know, sorry! Just couldn't resist!:p

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Don't go out! Tell us now!!!!!!!!!!!! I can't stand the waiting:(

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Wow!!! It's been a rocky old ride since 27 February but it's almost time to jump off.

 

I still can't quite believe it but DG, with their usual standard template (apart from one bit that I'll address later), have offerred an "ex-gratia" payment totalling the full amount of charges, plus interest, plus another £100 on top. What a result :D I do not intend to comply with their request to keep the details confidential.

 

Thanks for all the support and assistance from fellow CAG members - too many to name individually, but I must single out Latty - you're always there for everyone with your words of wisdom and encouragement. A true gem!

 

I have a theory on the additional monies, and something that others may wish to adopt in terms of future nudge letters to DG. In my 3rd (and what turns out to be final) nudge I stated the following and had every intention of pursuing it further such was my annoyance at their failure to speak to me and save me the time and effort of producing the court bundle:-

 

Furthermore, if you fail to submit your evidence to the court by the latest date as directed by the Distric Judge, should judgement be subsequently found in my favour I hereby notify you of my intention to seek appropriate counsel regarding the submission of a Wasted Costs Order. This would be on the basis that you had no intention of defending my claim in court and were merely abusing the court process in order to prolong this matter, which appears to have been the approach in numerous other cases of which I am aware.

 

In response they have stated that:-

 

Finally, we take note of your intention to seek counsel regarding the submission of a 'wasted costs order'. HSBC has not acted unreasonably. The only basis that you have given for asserting that HSBC acted unreasonably is your view that HSBC "had no intention of ever defending my claim in court". You seem to be suggesting that it was somehow unreasonable for HSBC to have entered a Defence to your claim. Their is nothing inappropriate or unreasonable about this. It is of course open to a defendant against whom a claim has been issued to defend the claim and then seek to negotiate to see if an appropriate settlement can be reached.

I just wonder if the extra £100 is something of a sweetener, i.e. we appreciate that we've wasted your time. Please don't proceed with a Wasted Costs Order - here's £100 for your incidental costs. I can think of no other valid reason, barring a mistake (to my benefit), why they would want to pay out more than what we'd asked for. I'm not going to argue the point though, and probably won't proceed with a Wasted Costs Order as a result.

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CONGRATULATIONS!!!! :D

ABSOLUTELY BRILLIANT NEWS!:D

COULD NOT HAVE COME AT A BETTER TIME FOR YOU BOTH!

WELL DONE AND ENJOY THE MONEY!!!:)

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Just incase you need one this is the acceptance letter I used!

 

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

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this 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.

 

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 trust that you will find this arrangement acceptable.

 

Yours Sincerely

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Just asked michale brown for you and he said

 

"You can always click on the report.gif and ask for the title to be changed to WON. Doing that will flag the thread for any Mod"

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infact i have just done it!

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CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Whats happeneing with the baby? Must be 9 days late now!

Keep us posted!

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You are just wild PD:)

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CONGRATULATIONS!!!!

LOIDPHIL -YOU DONE WELL!

HOW IS MRS.LP - NOT IN LABOUR YET?

in all seriousness - i expect you to call the infant LATERLUS!

 

really, i'm over the moon for you - what a day!

now go be a terrific papa - and be sure and let us know when junior makes an appearance. bet o/h is happy - isn't she? probably wants to go to mothercare to s pend a few bob! is this your first?

 

very, very happy for you -

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