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RhSymonds Vs HSBC ###WON###


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Looks like i am one of the first to be spared an allocation questionnaire, and while my Money Claim Online case has been defended by HSBC, i await a court date. I have sent a letter to DG solicitors today, asking for a settlement rather than have to endure a court appearance (thanks for the template lateralus) and if anyone has any words of advice, or indeed is in a similar situation, i would be very pleased to hear from you.

 

Thank the lord for CAG !!!!

 

Ross

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Hi RhSy, good to see you have your own thread running.

 

Best advice at the moment is to keep an eye on Latties thread,

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

I will post any new news I hear there and I know Lattie and Netty will too along with most other's.

 

pete

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glad you got your thread going -

we will try to post any new info on that other thread -

already it has saved us hours of putting the same info into people's threads as we just point them there.

and, as you are one of the first - there must be a couple dozen by now - but none with the next step - so we are waiting to hear what comes next - we assume it will be a judge either requesting an aq (with about 14 days to complete and submit) or a court date - and if it is the court date - we'd appreciate the wording on the first couple to get to grips with what they require - i'm predicting about 30 notice for a date. as we've always said - that dg will settle before any court date - this is great! - although we still haven't seen dg's response to the abadonment of the aq.

i don't think peeps understand sometimes - we are just like you were only with a couple of months head start - in october, i was waiting for dg to make contact - which they did and my son's is all done an dusted - i've just hung around to help peeps. so, any info on here is self-help - in that i have absolutely no experience with anything like this except what i've read here. but as i like to get involved with helping peeps, when i saw the second person on here sat. asking about no aq - i jumped in and started that thread. we are all helping each other along - but nobody knows for sure what will happen next - so we wait. but it is interesting to me how it really is like a chess game - except sort of three ways - the court has just made a new move and we've responded - somewhat - now we wait to see what dg does - or the courts. but as the best defence is a good offence - that's the idea behind the letter. it shows initiative and i'm hoping the first half dozen or more letters into dg - they will just say - holy ship! better get them off the books - make an offer!

just thought i'd help you pass the time while waiting -

now you have your own thread - we can pop in to see how you're doing.

won't be long now - i think you are probably quite close to getting your money!

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i'm predicting about 30 notice for a date.

 

Thanks Lats, If there was a +10 button id be clicking it for you right now !!

 

Re 30 days notice, do you mean, after the 14 day period where they can ask for an AQ, they should provide a date within the next 30 days, or do you mean that my actual court date should be within the next 30 days ?

 

Thanks so much for your help, and as you can see, a few extra months of reading really does make all the difference !! I didnt intend to register initially, but youve been so helpful i think ill also stick around to help others who are slightly behind me (my brother included)

 

R :) SS

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no, i think either they will ask for an aq - and you'll get approx 14 days to get it in or they will proceed straight to setting a court date and so you'd get a letter soon saying your court date is xx/xx/xx (and my prediction is it will be about 30 days from the letter - obviously we will have to wait and see) please let us know on the other thread as soon as you hear - as you, in theory, will be one of the first to find out what happens next.......

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For Sure Lateralus, Funnily enough i got a letter from DG asking for a breakdown of all charges etc this morning !!! Must have really confused them when that exact list arrived on the day they ask for it !!

 

I shouldnt think ill get a response until Tuesday/Wednesday next week now, as its easter, but as soon as i do you guys will be the first to know.

 

R :) SS

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just to clarify for you - the courts will be letting you know what is going on next in that department

 

on the other hand - dg has asked for a breakdown - you've sent it - you very well may be getting an offer from them quite soon -

 

these are two separate things going on - getting a full offer and accepting it is highly preferable to whatever the court decides to do next - get back with anything from anybody if you want our advice on it.

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  • 3 weeks later...
I shouldnt think ill get a response until Tuesday/Wednesday next week now

 

How wrong i was, 2 weeks later and still nothing. Received Court date @ Worcester for June 15th today so hopefully they will get something sorted soon.

 

What do you think about me phoning them ?

 

R :-) S S

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to say what exactly - go back to that thread - the 28 day one - and look at post 1 - there are some ideas there for letters - nudging letters - i'm of the opinion now that you should send a letter to dg every 10 days until they offer - there are a couple of ideas on my other thread - the after you've filed your aq thread - e ven though you didn't - the ideas remain the same - plus on that thread - you have all the info you would need to get ready for that court date should it get close to it - but that's a long ways off - the main goal now is to get an offer from dg and to that end - write - don't call - and 10 days later write again.

it is common sense - if the judges/courts are getting browned off at their delaying tactics - you keep at them - using those words about how the judges will appreciate you both resolving this without using up more court time - it makes you look the one who is trying to get it resolved - and you are - with an offer.

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I have been saying this a few times lately I think its easy to loose sight of what we are trying to achieve with our claims.

 

Once you have filed your claim with the court you are dealing with DG Solicitors these are the people who will make you an offer and you will negotiate and agree your settlement with.

 

To some extent the County Court side is secondary, it’s just a means to force HSBC to look at your claim and be reasonable and responsible.

 

To do that you have to complete all of the Court paperwork on time and submit it, then it has to be processed by the court and assessed by a District Judge but at the end of the day the court will have nothing to do with your settlement. You will cancel your claim because you have reached a settlement with DG Solicitors (when the money is in the bank).

 

So nudge DG not the court.

 

pete

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Hi Rys,

 

I have copied my message from the other thread so you can keep track of what is going on.

 

My view is that they will write to you to try and settle and that letter will be fairly soon.

 

In my case I have had correspondence from D & G in fact 3/4 letter since receiving the court date, they wanted to only settle but at 8% instead of contractual and they wanted to take off at least half a dozen charges as they say they were outside the Limitation Act. The situation was that they were not outside the 6 years when I first did my schedule of charges. I have kept my ground and it has fortunately paid off. The difference was about £150. D & G PAID ME IN FULL the amounts that I claimed for.

 

They really do not want to go to court and will try their hardest to get you to settle at the lowest possible figure. Do not be to eager to settle, they will definately write to you when they are ready too.

 

I also requested a cheque as I did not want them to put the funds into my credit card as then they could take away they credit limit and leave me with nothing. They agreed to this and to taking out the confidentiality clause which I told them I would not sign. My case has taken 5.5 months to come to fruition from beginning to end.

 

So the cheque has arrived and now banked and as soon as it is clear I will inform the courts accordingly.

 

Good luck with your claim and remeber patience is a virtue, and it will pay off trust me! and you will be paid all of your claim. Thankyou for the click! very much appreaciated.

 

DS

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  • 2 weeks later...
My view is that they will write to you to try and settle and that letter will be fairly soon. DS

 

Thanks DS, its been a month since they requested the breakdown of charges, and ive sent it to them 3 times, along with various nudge letters, but still nothing at all, i even sent them the 'judge fines bank for wasting court time' story on the BBC website, but still nothing.

 

Im going to phone them on tuesday (and get voicemail of course) to ask what they are playing at. Why ask for something if they have no intention of acting upon it when they receive it ???

 

Court date is 6 weeks away, and i really dont want to have to prepare a court bundle, specially seeing as they wont even show up !!

 

Thanks for your help,

 

R

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Hi Rys, have you read this from Bankfodder NEW TEMPLATE -- Wasted costs orders, I found it in the General Forum, have a read of this, you find it helpfull. Unfortunately, you will have to prepare the court bundle if you do not want them to have you case struck out, they will take you to the line so you have to be prepared. I only had a couple of days to prepare for mine as my court sent it out very late, I knew that I had to complete it otherwise they win! There is plenty of help here on this site and you will find that HSBC will pay you out, but probably just before your court date. If you look is HSBC sucesses you will find loads of cases that have been settled and if you read up on them you will understand how they deal with cases. They will definately contact you when the time is right!

DS

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  • 2 weeks later...

Hi Lattie

 

This is what rhsymonds sent to me. Hope it helps.

 

Re:− Account Number Here

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. (Send with postal order for £1 by recorded delivery)

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act

 

I look forward to hearing from you.

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which addy did you use for the request for the credit agreement?

thankx

 

Hi Lats, I sent the request to my local branch where i opened the account (Royston, Herts). I then received a letter from a Mohsun Yousuf saying i was in default and they wanted the full amount paid within 7 days (automatically sent before they had read my letter due to non-payment i guess). Needless to say the postmark told this had been sent on the day before this deadline expired, intending to scare me into action.

 

I replied to Mohsun at the address on his letter (PO BOX, ill dig it out if you need it) saying i was waiting for my agreement as entitled under CCA. Havent heard back from him.

 

Received the copy of my agreement AFTER the 12 day deadline, from a 'Heidi Daniels' but like i said, it wasnt signed or dated by anyone. I sent a reply saying i couldnt verify this as a 'true' copy without my signature as so much time had passed, meaning they are still in default, and if it were to come before a judge he would ask why had they not produced the document when i asked and saved the courts time.

 

Still waiting to hear back from heidi, she has until 20th May before i send her a letter asking for all defaults to be removed and balance reduced to £0.

 

EDIT:

 

.... and also if we are totally sure this applies to managed loans.

 

I figured that seeing as i signed the loan at the branch, i cant be fairer than asking them for a copy ?

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Right, seeing as this thread is actually for my current account and several people seem to be here for info on my managed loan, ive created a new thread : http://www.consumeractiongroup.co.uk/forum/hsbc-bank/89914-rhsymonds-hsbc-managed-loan.html#post820113

 

Ill leave this thread for reclaiming bank charges, and the new thread will cover my managed loan/CCA request etc.

 

Thanks for your help so far everyone.

 

R :) SS

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Any news Rhys? Held the postie hostage and tortured him for an hour todaybut he insisted there was nothing from dg for me! I think he's been knobbled!:D

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Alas Freaky, the postman took an hour in thumbscrews and still wouldnt talk. Im going to use chinese water torture next, im sure he knows something !!

 

I phoned DG earlier to ask where my claim is in relation to the top of the pile (like whatawoman did in her thread) but my message remains unanswered. Ill keep you posted for sure,

 

Good luck

 

R

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Quote:

Originally Posted by rhsymonds viewpost.gif

Ive phoned DG once today and once yesterday, but not had a call back.

 

Next day i had 2 calls back from DG.

 

First was a guy called Parish (sp) who just said he was returning my call from yesterday. He said he was sorry but they are totally snowed under and couldnt possibly comment on specific cases.

 

Then half an hour later, Rachel herself calls me and says that she is aware i have a court date and my 'without prejudice' offer will be sent out as soon as they get to my case.

 

Ill post again when the offer arrives.

(please god let it arrive, i need a PS3 :D )

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The things people will do to get their hands on a PS3...

 

I am going to go for a couple more claims at least.

 

PS3 V Bank Bashing

:grin:

 

 

 

Quote:

 

(please god let it arrive, i need a PS3 :D )

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Well, Phoned DG today to ask whats going on (I just cant control myself !!) and got answermachine as usual.

 

2 hours later, Rachel calls me and 'would like to confirm your offer will be sent out this week'.

 

I love that woman !!!

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