Kingmils vs HSBC

[DennersUK]

Hello again,

 

I am sure this thread will need to be moved however i dont know how to start a new thread.

 

Thank you all for the information that i needed to get to this point i havent done to bad.

 

Kingmils vs MBNA WON!

Charges = £734.00 / Won £1826.00

 

HSBC Prepared charges list = £2680.00 + interest £537.08 Total = £3217.08 and sent 1st request 15th jan

Rec reply on 23rd jan (looking in to it)

Contacted by phone 1st feb (told it takes 8 weeks)

Contacted by phone 22nd feb ( told i should of rec letter dated 14th feb) never arrived! (so they said they will send copy of letter urgently)

Rec letter 26th feb (dated 14th feb) offer letter of £2358.00.

Letter states no to interest. and also says "If your claim for a refund proceeded to Court, we therefore believe we would succesfully resist any legal challenge in relation to these fees."

 

I think they are trying to scare me into accepting this offer!!!

 

What does everyone think I should do?

 

Help Please!

 

 

whoa whoa whoa....

 

22% compound interest?

 

Can I claim the same, assumed it was only 8%.

 

Also for your hourly rate, how did you come to £9.50. It that based on your employment eanrings? Can I do the same?

 

Cheers

 

Chris

[kingmils]

My Compond rate is the rate they give you only need to mention that you want to claim contractual intrest rate. Ask them you can work it out but they CAN DO IT FOR YOU as they will allredy of done this just in case you ask. Do me a favour if you call me i will explain cause i hate typing. 07870 900 889.

 

cheers

[kingmils]

The compound rate of 27.9% is what they told me according to her calculations. but i am sure they over payed me.

[kingmils]

Yesterday i completed a mcol in for the full amount so i guess sit tight and wait!

 

I shall keep you updated.

[kingmils]

Thanks Janet!

 

Hello to all,

 

Thank you all for the information that i needed to get to this point i havent done to bad.

 

Kingmils vs MBNA WON!

Charges = £734.00 / Won £1826.00

 

HSBC Prepared charges list = £2680.00 + interest £537.08 Total = £3217.08 and sent 1st request 15th jan

Rec reply on 23rd jan (looking in to it)

Contacted by phone 1st feb (told it takes 8 weeks)

Contacted by phone 22nd feb ( told i should of rec letter dated 14th feb) never arrived! (so they said they will send copy of letter urgently)

Rec letter 26th feb (dated 14th feb) offer letter of £2358.00.

Letter states no to interest. and also says "If your claim for a refund proceeded to Court, we therefore believe we would succesfully resist any legal challenge in relation to these fees."

 

I think they are trying to scare me into accepting this offer!!!

 

What does everyone think I should do?

 

Help Please!

[Janet-M]

clarification

Post #5 in this thread should be the first one but because of the time difference in starting a thread I have had to copy the post into post #1 so it reads correctly

[kingmils]

Hello to all

 

Been a little while.

 

I need Help!!!

 

I am completing the AQ as my deadline to hand in is today i am following the guide on completion but am a little confused on section G ( Other Info)

 

I have wrote I believe the case will last no longer than 1 hour

I request the Judge to order a form of basic disclosure from the Bank.

 

Is this correct so far?

 

Then what do I Add?

 

Looking at the notes do I have to add the suggested Draft order for Directions? And Do I have To change any of the wording?

 

I am really Sorry but I dont want to get this wrong

 

If Someone can Help Please

[kingmils]

Hey all I just ended up as follows:

I believe the case will last no longer than 1 hour.

I request the judge to order a form of basic disclosure from the bank.

I have attached a draft order for directions for consideration. I believe this will bring a speedy end to litigation.

The draft order for directions was devised by the mercantile courts for a similar case.

 

I have attached the suggested template that has been given to us in the notes, but changed the details to represent myself. I.e case number, names etc.

 

It looks like this is correct but as i have had no reply from anyone i will go ahead this afternoon and drop it in.

 

I did call the courts to check if DG had filed their AQ and i was told that they havent as yet. Today is the deadline though.

 

So I asked the lady what happens if they dont file today, and she said that the judge will be sent the relevent documents tommorow and he will make a desicion as to strick out or give DG more time.

 

Lets see what happens!

[kingmils]

Hi All,

 

Well i called the courts this morning and they have told me that the Judge has issued an draft in saying that HSBC have until 30th may to file their AQ. If they dont the lady said i can file for judgement.

 

Bloody Hell!!! When the shoe is on the other foot, us normall ppl dont get given these extra time oppertunities.

 

So i suppose we just have to wait and see

[rob-the-viking]

kingmills, at least the Judge has got round to looking at yours, I'm still waiting and as of yesterday DG hadn't filed an AQ. I sent a hastner to them yesterday, will let you know if I hear anything back from them.

 

r-t-v

[kingmils]

yes i suppose your right.

 

Keep in touch!

[rob-the-viking]

Any progress kingmils?

 

r-t-v

[kingmils]

HI Rob, I have been on holiday for a week taking a well needed break in Gran Canaria.

 

Yes i have received a letter actually another one came the next day aswell. both from DG. The first which i am sure you will be happy to hear is a full offer including all charges. The second was posted the following day which is a copy of there AQ. I have to do a bit of reading on how to accept the offer and which template to use so i shall let you guys know what Letter i have used.

 

Whoa Whoa!!!

[lateralus]

if it's a full offer with everything included (charges, interest, court fee, aq fee - if paid) then this one is fine:

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

i'm really glad you've got your offer - when did you file your claim?

 

don't stop the court stuff until you actually get the money - it seems to be 7-10 working days from you accepting.

 

but when you do get the money - be sure to write to the court and tell them thank you, it has been resolved.

and....

please pm a moderator with details like -username, which bank, date of claim, amount of claim, date settled. this goes into a data base and peeps who have to send in the court bundle use it as evidence - so, it helps others who haven't yet got their offer.

 

well done, soon have your money!

[kingmils]

Hi Lats, Thanks for that. Yes the offer is for everything.

 

I will send this off today and once payed out inform you guys to move the thread.

 

once again thank you to everyone!

[rob-the-viking]

Get in there my son! gald to hear of your result mate! Hopefully i'll not be too far behind you. That's if the judge ever gets around to looking at my claim! I phoned today only to get a talking brick message saying that the courts have taken an extra day off for bank holiday tuesday! lazy, workshy, chiseling...... Sorry, meant to say they deserve it! Guess i'm in the wrong job, I had the plague last week and I still had to go to work!!

[Mrs Abs]

Hey K :grin:

 

 

C O N G R A T U L A T I O N S

Hey that's great news, I have not recieved a word from them other than that phone call a few weeks back.

 

So I'm still waiting, TWO DAYS TO GO

 

Well done!!!:grin:

 

(sorry was meant to post this reply to your site as well; but I got side tracked with a mild state of paranoia)

 

[kingmils]

Hey everyone,

 

Once again thank you all for all the help. I have checked the account today and it has been transferred.

 

So now i got to pay off my arrears on mortgage. Shame really could of done with that for another holiday.

 

DG have asked me to sign and return a confirmation they sent me once I received the funds. Is this normal?

 

Anyway I believe that I now have to notify the courts in writing.

 

Is there a Template Letter which I am supposed to use. If So could someone send me one.

 

Many Thanks:)

[lateralus]

sign the confirmation - it is normal.

 

no template -

how about this:

 

to: court

court address

 

 

ref: claim no. xxxxxxxxxx

 

Please be aware that the above claim has been settled and as such please consider it closed.

 

thank you.

 

 

 

also, could you pm a moderator with your details - the bank, the date of your claim, how much it settled for, etc.

 

this is for the data base which others will use in their court bundles - it's very important. pm hsbcrusher or garyh with the info - it's most appreciated.

 

again, congrats on your win!