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

[dickydido]

Thanks again Mimi.

Does anyone have the link for the OFT summary (OFT842) mentioned back in March by Bankfodder? most grateful if you would post it.

 

Jan

[MimiJane]

Thanks again Mimi.

Does anyone have the link for the OFT summary (OFT842) mentioned back in March by Bankfodder? most grateful if you would post it.

 

Jan

 

It's within the "basic court bundle" Jan ... this link should take you to it

 

http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf

[dickydido]

Mimi, I'm sooooooo dopey, the reason I couldn'd find the link is because I'm looking at my saved version, I didn't think to look at the up-to-date one. but then I am pushing 708) so praps I'm not so bad after all lol.

I wouldn't be so twitchy if it was my own case, I just dont want to let my friend down.

Jan

[Castlebest]

Jan... respect!!! (bow) a true silver surfer... in sunny's too !!... lol ...your doing better than many a whipper snapper here any help you need just PM me

 

pete

[MimiJane]

Mimi, I'm sooooooo dopey, the reason I couldn'd find the link is because I'm looking at my saved version, I didn't think to look at the up-to-date one. but then I am pushing 708) so praps I'm not so bad after all lol.

I wouldn't be so twitchy if it was my own case, I just dont want to let my friend down.

Jan

 

No worries Jan ... I know what you mean about not wanting to let someone else down At times, I feel my brain is becoming scrambled with all this, but it's great to know there's so much support on here.

[erospersempre]

Hi

 

Can anyone help me? I've looked and can't see anything related to my query.

 

I have made a claim against HSBC for £4911 and received an offer for £3500. I know I'm not to accept it but I have a problem. Unfortunately mainly thanks to the service from the HSBC I have had my overdraft transferred to a Debt Collecting Agency and the HSBC have said that any money owing to us would be used to pay off the debt which would leave us with nothing. Can they do this or is there a way round it?

 

Please help I really need this money.

 

thanks

[freakyleaky]

Weather you accept this offer or continue with a claim through the courts, in your acceptance letter you can stipulate that you will only accept the money if it is paid to you in the form of a cheque. If they do not agree then you will take it to court and let the judge decide. as far as I am aware they have to pay you the money in the way you ask for it.

[dickydido]

Hi Pete, thanks for that. I see you posted at 1.43 this morning, you must be as daft as I am (or you're a shift worker) my last post (no bugle playing please) was, I think, around 3.30:cool: . Praps I should get a life:razz:. Yes, I could do with some help, but the sort I want I cant have ie someone at the end of a phone line to reassure me. The bundle has to go today and I'm sure there is something I've messed up. The first letters to A&L showed a different amount to that claimed because I had originally all of the monthly overdraft fee. By the time I claimed on MCOL I had changed that to deducting the £5 standing fee from the amount charged which amounted a difference of about £150 overall, so the claim was less. Trouble is I didn't notify A&L of this so I'm afraid the Judge may throw it out because of the difference. Wragge (sols) have an up to date charges s/sheet but I havent pointed out the reason and dont know if I should write a letter explaining this to them and A&L or let sleeping dogs lie. Any thoughts anyone. (twitch twitch)

Jan

[gcp]

Wow this looks complicated!!

 

I just wanted to post my thanks to everyone fortheir assistance. I dumped the court bundle on DG on the 26th June for a 10th July court date and got an offer on 28th June! I was claiming £2500 inc interest etc but I think an offer of £2122.76 is where I bow out!!

 

Good luck all

 

PS Nothing else I should worry about when accepting this is there??

[lateralus]

here's a good acceptance letter (it is more your terms than theirs)

 

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) and specifically for those charges included in this claim.

I reserve the right to claim for any other charges not specifically itemised in this claim.

 

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

 

 

 

 

 

 

just one little question - do they say why they aren't giving you more - usually they spell it out

and if you are ok with that - then that's fine.

is your court filing fee included specifically? and an aq fee if you paid one..

 

i'm asking as it is very easy to get the court filing fee (and aq fee, if paid) with one further letter - they don't argue - they just pay.

let me know if you want that letter.

 

otherwise - congratulations on a healthy win!

[gcp]

Lots of waffle about Limitation act 1980, indicating that I am claiming from 12th Feb 2001 to 6th March 2007, technically 6 years & a bit!

 

Also they were very efficient and found £30 of bank charges refunded (because I bitched at them) in 2002, I had missed it but they are obviously looking closely.

 

It does mention all court charges included, I did not have to do an AQ or pay the £100 fee, so that is only £150.

 

I will let braver men than me fight to the end, I would hate to be the one to drop the ball for everyone else! It is £2122 I never thought I would see again.

 

Thank you for the letter & I will stay on this post if I can help anyone else.

 

GCP

[Castlebest]

Well done gcp and happy spending

 

pete

[Fox Mulder]

Well done gcp. If you're happy with that, good on you. Personally I'm going to carefully consider any offer, and do the same kind of assessment but I know I have a lower limit below which I'm not prepared to go.

 

I've just filed my AQ and finding DG completely non-responsive to letter-writing, as I wrote to ask them to consider a reasonable settlement before the AQ had to be in. No joy.

 

I suspect most of us who are claiming compound interest are taken almost to the court date before settlement. So I've asked for a Draft Order for Directions, which if the judge agrees to should move things along considerably faster than DG would like.

[Celicaman]

Excellent well done gcp

THat'll be the same couple of charges that they will take off my offer when it eventually gets here as they are the same dates LOL

 

Celicaman

[gcp]

Thanks for the congrats...

 

Just to say that DG never once wrote to me through all the prompt letters, court changes etc. The only contact has been when the court bundle arrived on their desk when they made an immediate offer. The shortfall from the claim is essentially the interest & my error of £30 refunded charges.

 

I still believe lateralus is correct and that the letters were very important, at least they knew they would have to deal with me/ us at some point, they just hope that the court bundle is late, wrong or some other deadline missed.

 

As I said they are looking carefully at every part of the court bundle, I don't want to be the one turning up at court to find I have made an error in the bundle & mess it up for everyone else!!!

 

Also I would have to attend which costs time off work etc almost to the same value.

 

Good luck and again many thanks to Lateralus.

 

GCP

[lateralus]

you are very welcome!

[charliedog]

Lattie - looks like Leicester still believe in AQ's - got mine this morning - is there any new info on completion of these or just stick to the old posts re completion [dummies guides are brill for bundles - can I have one for this?]

also - bit confused - at what stage do we actually get the 8% paid out - is it when we actually get to court or can we ask DG fot it in nudging letters? Has anyone actually received their 8% from DG as part of an offer? My AQ date is 17th July 2007 - so does this mean it will drag on for ages like they used to before some courts dispensed with them..Cheers Lat - hope u see this or anyone else who can help...Thankx - Charliedog:oops:

[Celicaman]

Hi Charliedog

The 8% is what a court would award if it ever got to court (& won).

As it is at court stage it is now what you will accept as part of your settlement with the bank, because now the bank would have to go to court to fight your claim. they wont do that. So now they must pay the 8% to get rid of you

 

and my wife has just rang, letter from DG,

I WON

Full claim plus costs, plus 8% stat interest up to today which came to £40 more than my claim, how kind of them, would have took it without the £40 :D :D

So now the letter of acceptance with the usual crap about confidential and no more claims crossed out

 

As you see, its part of your claim, keep it up and your on the list soon

Whoooppppeeeeee

 

 

CM

[charliedog]

Big Congrats Celicaman ...... did u get everything u asked for??? If I remember correct yours was a biggy and u used compound interest...couldn't get my head round that at the time!!!

So very very very very well done...........so happy for u :)

[Celicaman]

Big Congrats Celicaman ...... did u get everything u asked for??? If I remember correct yours was a biggy and u used compound interest...couldn't get my head round that at the time!!!

So very very very very well done...........so happy for u :)

 

Cheers Charliedog, No interest was only for stat on this claim, but next one goint to try CI, Should be interesting. Still a fairly big claim though, can now afford to pay the taxman, oh well in one hand & out the other, but still have a few quid left, treat my little lady to a burger or something:D yea maybe chips on the side, to hell with the expense LOL

 

CM

[lateralus]

she will be well impressed!

 

 

 

charliedog -

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

 

and post 1 on this thread might help:When you have filed your AQ................

[Muffintop]

lateralus, printed off your thread as this is where I am with Lloyds. My thread is Nailard v Lloyds, would you mind casting an eye over my thread every few days to check im on the right track as this is very scary stuff now much harder than my claim with nationwide. hope you dont mind tried to pm you but no e mail add. skeggsy

[lateralus]

i'll take a look this eve.

[jeccle]

Hi there

Just a request for help and info please if anyone has the time/

• Claimed on graduate acc. 26th April 07 for 2848
  
• Had an offer of 1700 said no.
  
• proceeded to mcol
  
• hsbc acknowledged then at last minute entered a defence ( I saw this had happened because itsaid on mcol)
  
• I did not receive a copy of the defence so I waited.
  
• I have today 4th July received a notice of transfer of proceedings - but with another letter saying that the aq is to be dispensed with unless judge says otherwise.
  
• I have claimed for contractual interest and on top of this (after I submitted to mcol) added on 8% stat interest.

My questions are:

• What do I do now - do I wait for more contact from the court??
  
• - someone on the forum said that contractual interest caused the banks to defend and that the claim would be thrown out because I have claimed contractual interest - is this correct. If so - what do I do now.)

I claimed contractual interest because I had been successful if receiving full refund including contractual interest and 8% on three accounts with YB.

Any help would be greatly appreciated.:idea:

[charliedog]

hi jeccle....you need to post a thread onto the hsbc forum ...where there are a great bunch of guys - lateralus- nettyg, HSBCrusher, Freakyleaky and pinkdutchess amongst many more who will guide you in this matter, on my claim my schedule was for charges and the interest on the overdraft interest, which were then subject to the 8%....not sure you can claim for 2 lots of interest its either one or the other....but from what i've read the courts are lenient and if an error has been made they won't throw you out if you have realised this and tried to amend the error....or pm any of the mods to help