Advice needed

[Sweety83]

I sent my LBA by recorded delivery on 19th May, I received a letter from Mr Pretty today offering me £1350 of a £1668 claim. Should I:

 

a) Accept this amount

b) Accept this amount and claim for the rest

c) Decline their offer and file a claim for the full amount

 

I intend to request that they remove charges pending for June whichever option I decide to persue.

[maverik1979]

its up to you, it is a pretty good offer, and you wouldnt have to pay court costs either, however it is at the end of the day all your money, so its just preference, if you decide to continue with court action , you may reply to the letter saying thankyou for the offer of £xxx i accept this , however i shall still pursue the bank for the remainder (or words to that effect)

[Sweety83]

Thanks for your reply Maverik1979

 

I re-read the LBA that I sent on the 19th May and I requested a refund of my charges for £1868 not £1668. I belive that they have not added on the charges deducted in May as I did. Having realised this I have decided to accept the partial payment and continue to claim for the rest.

 

Does anyone have any suggestions of how to word a letter to this effect?

 

All Help really appreciated!!!!

[lizzie999]

I am it almost exactly the same position as you.

 

Juicy has a thread which might help. Read through it onto page 5 where Alan from Derby gives some advice about how to wrod the acceptance of a partial settlement.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5564&page=4

 

Hoep this link works - if not search for threads started by juicy - its the first one on the list.

 

Good luck

[Sweety83]

I have put together this reply altering an earlier post by Spiceskull. I am going to send it recorded delivery on Tuesday (unless the post office is open bank holiday Monday.)

 

What does anybody think?

 

Dear Mr Pretty

 

Many thanks for your letter dated 24th May 2006; I appreciate the speed in which you responded to my previous letter.

 

However, in response to your offer of settlement, my claim is for £1868.78 in punitive charges unlawful in common law, which were deducted from my accounts up to and including May 2006.

 

Therefore, on this occasion I agree to accept the £1350.00 as an initial payment only. I shall be sticking to my original timetable, giving the bank until 4th June 2006 to satisfy my claim in full, and unconditionally. If I do not receive a satisfactory response from you by this date, I will proceed to issue a claim for recovery of this sum in the courts.

 

Thanks Spiceskull, I wouldn't have had a clue where to start if I hadn't read your post.

[BankFodder]

That's fine. It says everything that needs to be said.

[Sweety83]

My letter has been sent by recorded delivery on 30th May I checked and printed the Royal Mail track and Trace page which showed that my letter has definitely been received today.

 

So now it is the waiting game. The 14 days since my LBA was sent is up on Monday so lets see whether I will even receive a response by then or it's straight to the money claim!!!

[Sweety83]

I have received no response from Mr Pretty regarding my last letter. The deadline for response was 04th June, I gave them till today to reply as yesterday was a Sunday. Nothing came in the post today so I have filed my moneyclaim. So lets see what they have to say about that.

 

Claim number: 6QZ35924

Date filed: 5th June 2006

Amount: 1880.00 in charges; 121.59 in interest and 120 in costs

[Sweety83]

I checked the moneyclaim website today and my claim has a status of issued. I assume that means that they received it today. So they have 14 days from today to acknowledge my claim. Lets hope they don't!!

[Sweety83]

Quick question: I have filed my moneyclaim but although I have produced the spreadsheet detailing all my charges and the interest acrued, I haven't sent it anywhere. Should I send it and if so who to or is it ok to leave it?

[overcharged_consumer]

Quick question: I have filed my moneyclaim but although I have produced the spreadsheet detailing all my charges and the interest acrued, I haven't sent it anywhere. Should I send it and if so who to or is it ok to leave it?

 

Nah, you've out in the total amount that you're claiming which will suffice for now. If it gets as far as being allocated to court you may be asked for further details then. Besides, mcol doesn't have enough space to inculde details of all charges.

 

Good luck

 

OC.

[Sweety83]

Thanks guys!!! I will wait to see if they request it, hopefully they will settle before court action though!

[Sweety83]

Received a letter from HSBC this morning (I believe it is the same as quite a few people have received) saying blah blah blah we're sorry that you are not happy with our original response. The offer is now withdrawn. Blah Blah Blah talk to the Financial ombudsmen blah blah.

 

This letter is a response to my letter accepting part payment but indicating that I still want the rest of my money. I sent this letter on 30th May my moneyclaim was then filed on 5th June and received by them on the 6th.

 

Do I need to send a reply stating thanks for your letter but as I am sure you are aware I have already filed a claim?

 

Is this HSBC's answer to dealing with moneyclaim forms. We will ignore your previous letter and if you file a claim then we will decide to write back to you pretending we don't know that you've filed so our letter will be completely irrelevant to the current situation!!!!

 

I am so frustrated, aaaaaaaaaahhhhhhh!!!!

[Bovvered]

When I got a letter saying that the offer was withdrawn, I didn't answer it but just pressed ahead with my claim...

[lizzie999]

Sweety

 

You and I are almost in parallel with this. My LBA deadline was today and I received the "offer withdrawn" letter today (from Colin Langdale - Alan's obvioulsy given up on me!).

 

Am about to complete MCOL. Good luck with yours - am watching with baited breath for any news form your camp.

[Sweety83]

I checked the moneyclaim website today and my claim is now showing as acknowledged as of yesterday. Can anyone tell me how long before they received any kind of response from HSBC. Either offering me my money back or has anyone had it go further?

 

All help appreciated!

[lizzie999]

As I understand it (and I am no expert so hopefully someone will correct me if I'm wrong) by acknowledging the claim they have an additional 14 days to file a response. This is on top of the 14 days they are given from service of the notice (which is considered to be 5 days after your claim was processed by MCOL), so basically by acknowledging it they have 28 days from receving the claim to file a defence.

 

This is how I have understood it from the Courts Service guidance

[Sweety83]

I received a letter from the court on the 14th June (Dated the 13th) indicating that HSBC were intending to defend the full amount of my claim. Since then I have not heard anything else. How long has it been for others before they received either details of defence or an offer?

 

Any help appreciated!

[Guest malissa7999]

hi,

ive been reading your thread and what i dont understand is why HSBC are stating they are going to defend the total amount you are claiming when they made you an offer to re-pay you back £1350,....keep hold of ure letters, incase it has to go to court, i dont see how they stand a chance my self,

please keep us updated,

malissa

[Sweety83]

I know it seems ridiculous doesn't it! In my mind no matter what they say offering a partial payment means that they know that they were in the wrong. I don't see it as them doing me a favour.

 

I am keeping all my letters that i've sent, all the letters they have sent, all recorded delivery slips and copies off the internet of the signature of the people that signed for my letters all in a folder.

I've also produced a breakdown of the dates that all letters were sent by me and received by HSBC, the dates I have received correspondence from them all in relation to the deadlines that were provided. I also have all the statements for both the accounts I am claiming for in two separate ring binders in date order.

 

(From this you can probably tell why my friends say I'm anally retentive!!)

 

So I have all the information to hand.

[HSBCrusher]

 

(From this you can probably tell why my friends say I'm anally retentive!!)

 

 

Ex lax chocolate is good for this complaint so I am told!

 

Crusher

[Sweety83]

I am still waiting for a reply from DG Solicitors. Since my claim was acknowledged on the 13th June I have heard nothing more. There doesn't seem to be a difinitive time scale for receiving an offer or defence. A number of people who have had their claim acknowledged after me have received their money back already. Do you think it depends on the amount you are claiming or do you think that they are stringing it out to p**s me off?

[sopsps]

Hey Sweety!

I am in same sit as you & claiming a similar amount... filed mcol 1st June, acknowledged on 14th or 15th and not a word from anyone since! It is frustrating & I even strated thinking that someone must be hiding my post (not normally paranoid!)

Thing is, they have settled Damon 999s claim far more quickly!

Why are they stringing us along!! ??

[Sweety83]

Well what do you know. I got home from work today and found a letter from DG solicitors waiting for me offering me the full amount!!!!! Wahay

 

I do however have a couple of questions.

 

1) My letter states 'i accept the sum of £2121.59 in full and final settlement of my claim against HSBC. I agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential.' I don't want to keep it confidential I don't see why I should. If I just cross out this section will I still get my money?

 

2) I had another £125 of charges withdrawn from my account yesterday and another £125 is due to come out on the 25th. Can I ask to have these refunded in the letter or should I ring up HSBC when my money comes through.

 

I know it seems ridiculous to still be being charged after all this but my husband was made redundant last year and still doesn't have a job. HSBC withdrew charges making me over my overdraft limit and I just don't have the money to pay the excess back. Hence the continual charges.

 

I want to thank everyone for their help I couldn't have done it without your support. Good luck Sopsps I know your letter will be here soon!!!

[Sweety83]

I have crossed out the confidentiality clause on the letter and I'm going to send the letter back today. I just hope they don't withdraw their offer!!