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Help....Accepted partial offer but still no refund!!


rooka
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Hi,

I'm wondering if anyone could give some advice as i am really stuck as what to do next.

I started procedings against HSBC for a refund of bank charges to the tune of £1455.I followed advice given in the forum and sure enough i received a letter offering £1309.Not the full amount but pretty near so i accepted and signed the accompanying acceptance letter.

I have however not had a reply or been refunded any charges and more than the stated 7 working days have passed in which they said the transfer would take place.

It is then that i read the post "REJECTING OFFERS" in whichit mentions the often used phrase "Full and Final" ,it then dawned on me i may have made a mistake.

This is an extract from the letter i was sent

"We are however mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim.For those commercial reasons alone,and without any admission of liability whatsoever,we are prepared to make a payment to you for the sum of £1309 in full and final settlement of this matter......"

It then goes on to say

"If you accept this proposal please sign and return the enclosed acceptance form within ten working days and we will arrange for a refund to be made to you.Please allow seven working days for your account o be credited following receipt of your acceptance by ourselves."

:confused:

Any help would be greatly appreciated.

Kind Regards

Rooka

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so, you've accepted their offer of 1309, signed and returned the form and still not received the money - you've allowed seven working days for your account to be credited? it's time to ring and/or write to whomever sent you the letter and just ask nicely why your account has not yet been credited. why do you think you've done something wrong? that full and final just means you wanted more but have settled for a bit less - it doesn't mean anything sinister. as you accepted an offer at an earlier stage - it means contacting the person who signed the offer letter - their details will be on the letter. personally, i word a letter, friendly but firm along the lines of where's my money - if you haven't lived up to your part of the bargain - then i'll just continue down the court route. You have until (give them about this coming friday) to deposit the money into my account or i shall consider my acceptance null and void and will continue with my claim against you by filing in court. send it off today - it will get there tuesday, you could follow it up with a call on tues. but just give them a little time - but with the veiled thread of court action. always polite, but firm. ok? also, keep an eye on your account - they do just slip it in sometimes. if they don't live up to their own deadline of 7 days - i'd notify them as above - then just carry on with your claim. how far were you - you hadn't yet done a claim had you?

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No i hadn't yet filed a claim.I had sent a LBA and was getting close to deadline when i received this offer letter.As it was only £100 or so short of what i was after i accepted.I have sent a polite email to HSBC service team but as yet no reply.

If i don't hear by tomorrow i'll have to send another LBA i guess?

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This is the post from "jonni2bad" which i mentioned contained the "full and final" phrase.

.............................................................................................:confused:

 

icon1.gif Rejecting Offers

Having sent your request for repayment you may receive a 'full and final' offer of settlement which is likely to be less than the amount you have requested. This may also be with the actual payment itself by cheque, or they may make a payment directly into your account.

 

If this happens, send letter 1 shown below which will clarify your position of having rejected the sum as a 'full and final' settlement, but at the same time will allow you to accept it only as a partial payment towards your whole claim.

It is important to remember that if the offer has further conditions attached then you should use letter 2 below.

 

In all likelihood, the bank will withdraw their offer or simply not reply - in which case proceed with your claim within the timescales you have previously set. If they have sent you a cheque and you do not receive clarification from the letters below, you should return the cheque to the bank and either tear the cheque in two, or write CANCELED very clearly over the cheque.

 

 

**********

 

If their offer letter arrives very close to the expiry of your LBA (perhaps within a couple of days) and is for less than the full amount you should read this letter very carefully.

 

* If this offer is clearly marked as being FULL AND FINAL they have effectively denied your claim. In such circumstances use letter 3 below.

 

*If this offer is NOT called FULL AND FINAL then you have a duty to mitigate your losses and continue with negotiations. This might be rather annoying, but you have to be aware of the danger of being seen by a Judge as having rushed into Litigation. In such circumstances use letter 4 below. You should give enough opportunity for the bank to respond to you one final time. There is no set figure that would apply for this timescale so I will suggest a further 10 days from their receipt (count 2 working days from postage). If it is easier for you, just consider waiting 2 weeks.

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all he's saying there - and it is written to all banks - were it specific to hsbc - he wouldn't have included the bit about a cheque as i've NEVER known hsbc to offer with a cheque - merely an amount offer.

he's saying if you want to carry on and not accept - then you put that you would accept it as partial payment but will be carrying on as per the schedule you sent - he's also saying if you reject an offer - at the point where you are - you should give them 10 days to up the amount before you will be filing your claim.

 

so, as you are happy to take what was on offer - i think you just need to ring/write them and spur them into action to get you your money.

 

these letters are for rejecting an offer - you've accepted - they just haven't paid - but i'm sure you are within your rights to demand the money be paid within 7 days or you will carry on.

 

You might try a letter like this:

 

Dear Sir

 

I wrote to you on XX/XX/XX accepting your offer of £XXXX on my claim for bank charges against HSBC. I was told the money would be in my account within seven working days. It has now been XX working days and the money is not in my account.

 

I am hereby notifying you that you have until the close of business on Friday 13 April 2007 for me to see that money in my account or I will be filing a small claims action against you. This will increase the costs of resolving this matter as I will be claiming for 8% interest as allowed and also will be asking for my court fees to be returned.

 

I have accepted your offer in good faith and would have thought you would want to honour your part of this bargain. Please contact me immediately if you do not intend to honour your offer.

 

Yours truly

 

 

how's that - if you get it off tomorrow - they should have it wed. and giving them til friday is plenty of time. - i think i'd ring as well - there will most likely be a number on the letterhead.

check your balance on-line after midnight tonight - it might just slip in.

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Just a sugestion for the middle para

 

I am hereby notifying you that I consider your lack of response to be a gross breach of your own terms included within the offer. You have until the close of business on Friday 13 April 2007 for me to see that money in my account or I will be filing a small claims action against you. This will increase the costs of resolving this matter as I will be claiming for 8% interest as allowed and also will be asking for my court fees to be returned.

 

pete

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Thanks for the advice , it's very much appreciated.I checked my account this morning and still no sign of any refund.Working this afternoon so won't be able to post letter til tomorrow am.In the meantime i'll try by phone.

Will keep you posted.

 

Thanks:)

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Have just spoken to the HSBC service Quality Department and they assure me that refund should show in my account tomorrow..........fingers crossed.

They said the delay was down to me amending the account number on the acceptance letter which is true but only because they had printed the wrong one.

Still doesn't explain why i had no reply to emails i sent them.

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Checked my account this morning and at long last HSBC have refunded my charges.

The whole process was much easier than i thought except for the slight hiccup at the end.

Thanks to all who helped.

 

ROOKA:)

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