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leyH vs HSBC - Anyone else had this situation??


leyH
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Hello All, newbie..so hope ive posted in right section??

 

Wow - ive been reading as many posts as possible over the last 24 hrs (have a 5 month baby so it's difficult - asleep at mo tho!)

 

Well, I wish I had come to this site before my 'booboo'. Cutting a long story short ive asked my bank to pay my charges back and they offered me a brilliant 'full and final settlement of the matter' of £1250.0 (original claim was £1497.50 - didn't claim interest) on 5th March. I signed the letter and agreed to the settlement, which stated that the money would be credited to my account within 7 working days. I am STILL not in reciept of the money. I sent them a further letter advising I would start court proceedings on Thursday 22nd March (which gave them a week) if no action was taken and have also e-mailed them, to which their response was 'your case is still being delt with'. I dont understand what my case is - they offered a full and final settelment and I accepted.

 

Now, have I done the right thing by stating I would start court proceedings as a seperate claim for the lower figure of £1250, or should I be able to claim for the original amount of £1497.50 since they have not payed up their settelment figure as stated??? Also, If I have to start court proceedings for the £1250.00, there are no instructions on how to fill in the forms as I am not strictly claiming back bank charges anymore-i'm claiming back an amount they agreed to pay me?

 

I hope this hasnt been a hideously confusing post...and I hope somewhere out there (who I havent found yet) has had this experience and can help!;)

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hi leyh, did the settlement letter they sent to you, there was probably a sentence to the effect that you would not claim again for the period they settled, so i think as you have signed the letter as full and final, you won't be able to take them to court over the same claim - which is what it is.

 

try some more email addresses and see if you get a response - it's so annoying when they don't do what they're supposed to isn't it, but i think they're so snowed under with claims at the moment, they're dealing with the 'further down the line' court stuff.

I hope you hear something very soon.

emails are [email protected]

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[email protected]

[email protected]

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Thank you nettyg...I certainly hope it is just because they are snowed under with claims. The only thing is I may end up getting further charges due to me now being overdrawen again...just have to wait and see I suppose.

I couldnt see any sentance saying I couldnt claim through court though..

I just signed the text that read...

 

'I accept a sum of £1250.0 in full and final settlement of my claim against the bank

I am aware that the bank will credit my above acount once they have recieved this signed acceptance and that this will be carried out within 7 working days following reciept'.

 

Anyhoo - i'll hold off and try some of those e mails..

Thank you again and i'll keep you all posted!

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Hi LeyH,

 

I'm pretty new to this but my view is that if they haven't credited your account within the 7 days they said they would, the agreement is null and void - they have broken the contract despite the fact you signed the settlement letter. Therefore I would claim for the 1497.50. As mentioned, don't take this as gospel by any means but I would go for the full amount.

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I'd start court proceedings if they don't pay by tomorrow and for the FULL amount not the reduced amount - seeing as they breached the term of the agreement it isn't binding anymore.

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Okee dokee...well, I shall get on the moneyclaim website tmrw then - as I said I would in my letter..i'll keep ya'll posted. Ive got to admit - I thought it would be null and void due to them not keeping their side of the agreement. I will see if I have any responses from the e mail address first though...watch this space..

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And claim the full amount of your original claim plus interest, court fees will be added automatically.

As Nightmares and Bong said they have broken the agreement you made therefore it is no longer binding and if they are putting you to the extra bother and expense you might as well make it worthwhile for yourself.

pete

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