Finally, the right thread - sorry!

[Larry0021]

Hi folks. I have been in the process of reclaiming my excessive charges from HSBC and am hopefully almost there, however, advice at this stage would be much appreciated.

 

I received an Acknowledgement of Service claim from HSBC on 30 January, 2007, where they intended to 'defend all the claim'. This was followed up with a request for a fully itemised breakdown of the amount claimed by DG on 14 February 2007. I faxed this information over to them on 16 February 2007. Unfortunately they haven't been so prompt in responding as i have yet to hear from them (including my voice messages as well). No chance getting through via telephone either...It's now 1 March 2007.

 

Considering 28 days have passed since the claim, I just checked my claim status on mcol and it informs me the 'the defendant disputes the whole amount' i have claimed and that my claim will now be 'transferred to the appropriate court for continuation'. I will supposedly receive confirmation to where the claim has been transferred to shortly.

 

Do i now just wait? Any ideas would be greatly appreciated. Thanks.

 

Also thanks to the kind folk who have directed me to the correct thread...Sorry!

[lizvp]

hi Larry,

you have entered the last stages of a waiting game.

you will soon receive papers from the court which will include an Allocation Questionnaire (AQ) and a date by which it has to be returned.

dont worry, there is lots of advice on here about how to fill it in, and you should have plenty of time to read up on it.

you will now be dealing with DG solicitors, who are hsbc in-house solicitors.

try to stay calm, i know its daunting, just try and read as many threads on the hsbc forum as you can and you will get a VERY good idea about every step you are facing.

if you look at nettyg s thread, there is lots of info on AQ,

good luck, liz

[lateralus]

you will shortly receive from the court a transfer to your local court, a copy of their defense and an allocation questionaire.

you will have about 2 weeks to get the aq back in to the court.

Allocation Questionnaires - A guide to completion a step by step guide

and this:New strategy for Allocation Questionaires pay attention to posts 2 and 3 - they form part of the aq.

just read through and see how you go. this won't make sense now - but post 3 (the bit in blue) goes on section g of the aq (or section h if it's an N150), then the bit in blue on post number 2 goes on a separate piece of paper with your name and claim number at the top. this goes in with the aq. read and you may get what it is - it asks the judge to direct both sides to "lay out their wares" much earlier than the old way. and as the banks don't want to do this - in theory it leads to an earlier resolution.

 

don't miss the aq deadline - check it first thing - but, my advice is don't file it straight away - try to make some contact with dg - asking if they have received your breakdown which you sent to them - there are several numbers you can try for dg - look in the contact details above the forum -

 

hopefully they may come up with an offer before the aq is due - or shortly after.

 

the aq costs 100 to file (if your claim is over 1500) so you will be adding this on to the claim.

 

get back if you have more questions - that paperwork should be with you shortly or i'd ring the court to check it was sent - it's usually only 2-3 days after they file their defense.

 

good luck

[Larry0021]

Perfectly in line with your responses, last night i found 2 letters in the mail. The first was the AQ. The second was a letter of settlement from HSBC's solicitors for the full amount claimed! Excellent. Job done.

 

However, a couple of questions remain. The first is what do i do about the AQ now - do i just ignore it, or is there something i must do other than return the letter of settlement?

 

The second question is this. This claim of mine has been based on my standard debit account because the information was readily available on line re: my transaction history. I am also pursuing the excessive charges on my credit card account, but because these details aren't available online, i have requested them over mail. This will take longer and i am concerned that if i sign their settlement, which includes the disclaimer, "I agree not to make any other claims relating to charges for the period stipulated above", i will not be able to pursue the credit card charges.

 

Any suggestions?

 

Finally, thanks to everyone and the forum in general for the clear and concise guidance through each and every step. :grin:

[lateralus]

you'll have about 2 weeks to file the aq - so no problem - just hang on to it - you'll ring the court after you have the money to halt the claim.

 

do, write your own acceptance letter. check some of michael browne's letter wording - "relationg to THESE charges....." etc.

i know there is one on vicmar's thread in the success threads -

just look around you'll find one to tweak to your own liking.

 

very big CONGRATULATIONS on your offer -

well done. you should be able to smell the money from here.

spend wisely.

get going on your next one!

[lateralus]

larry, here's one to play with.......and don't halt the claim until you see the money.

 

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