HSBC vs. The Large Portion

[Castlebest]

This is always a tricky question Paul and your the only one who can answer it.

 

If you accept the HSBC offer you will have the cash they have offered in about 10 days, you will loose your court fees and the statutory interest.

 

If you carry on with your claim you will get all of your charges back (less any they have already paid you) plus your court fees plus 8% statutory interest, but probably in around 2 to 3 months time.

 

You have to weigh up how much you need the money now and all the hassle of taking DG to the wire against how much you realy want to stuff one back to HSBC

 

pete

[The Large Portion]

How easy is it to correspond with HSBC? I mean, if they're prepared to add £120 for a wasted court cost then I think I'd rather just settle and let them get on with it.

[Castlebest]

Not easy, there are thousands of people trying to write to them.

 

pete

[darkrage]

another option is to accept the amount as a part fpayment due to the court costs not being added but you could say you will forget the court action if they were to pay you £xxxxx there is a template for this type of letter in the templates library.

[The Large Portion]

Ok, round two is on. I've replied to the letter, indicating that I would accept the amount they've offered plus my court fee in relation to the fact they took such a long time to reply. If I get that, I'll settle. Which saves them about £470 if they accept too, and I hope they'll see that point too!

 

Are we taking bets as to how long it is before I get a reply? I'm thinking...three weeks (maybe months )

 

Thanks again for the advice, fingers crossed time!!

[darkrage]

if they agree with your terms probably about 10 days and you shall recieve - then again we are talking about hsbc.

[The Large Portion]

Right, they've sent a letter back saying that since I've already registered with the courts, they're no longer prepared to converse with me and will now leave that to their solicitors.

 

Wonderful!

 

One question I do have is about the refunded charges. They refunded £200 worth of charges in October last year so on the spreadsheet I've reduced the charges for that month to 0, and reduced the month after to £25 (they were orgininally £100 and £125 respectively). This shouldn't have any bearing on the amount claimed or interest charged should it?

[The Large Portion]

Just to let you know that I've received a letter from MCOL that's sending the case to the local county court. They've advised that I'll receive contact in the next 3-4 weeks.

 

Woohoo!

[Castlebest]

Hiya Paul, good thats all normal, one thing just struck me... reading your thread again, did you send the court and DG a copy of your claim schedule ? if not here's jo's post again, I've made a couple of alterations (in red) because your claim has moved on...

 

Now you have done your claim with MCOL you need to send 2 copies of your schedule of charges to MCOL:-

 

Your name & address

 

The Court Manager

Your local court's address

 

 

Date

 

Dear Sir/Madam,

 

xxxxxxxx –v- HSBC Bank Plc

Claim No: xxxxxxxxxx

Date Issued: xx xx xx

 

Please find enclosed the schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount in my claim, namely £xxx.xx, plus the court fee of £xxx.xx.

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely

 

 

Then, once you have received the acknowledgement notice that DG intend to defend you will need to send a copy of your schedule of charge to DG:-

 

Also look here

 

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

 

You could combine this letter with your first nudge to DG

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Date: xx.xx.xx

 

Dear Sir,

 

xxxxxxxxxxxx‘v’ HSBC Bank plc

Claim No: xxxxxxxxxxxxx

Date of Issue:evil:x.xx.xx

 

Please find enclosed a copy of my schedule of charges and interest claimed under section 69 of the County Court Act 1984 at 8% from the date of each charge to the date of the claim. Please note that I am continuing to claim interest at 8% until judgement or settlement at a daily rate of £x.xx per day.

 

Yours sincerely

[The Large Portion]

Thanks Pete

 

Sent my charges schedule with my N244 and new N1 after I ballsed up first time around, just waiting for the letter to say that D&G are defending before I send a copy to them too. Although I did send a further copy of them to HSBC when I attempted to negotiate with them. Silly me!

 

Yet more waiting, lol. Fingers crossed, as always.

[The Large Portion]

Right!

 

I didn't realise that after I had my claim modified I had to reserve the claim (duh), but now that's all been done. This is still all because I didn't get it right in the first place, but I'm over that now and everything is going smoothly again.

 

N1 posted to HSBC, second copy to MCOL and a charges breakdown attached to the lot.

 

One thing that did make me wonder is that HSBC filed a defence within a week of receiving the claim (well, I've just received a copy of the document from the courts that states DG is filing a defence). Within a week though?

 

I'm right in thinking that now I sit back and wait for directions, right?

 

Lol, I hope I can get there.

[Castlebest]

Hiya LP I think what you have is probably the acknowledgment that DG (HSBC) are going to defend your claim. On the notice of issue you got from the court there will be a "deemed served" date, DG will submit there defence 28 calendar days from that date (its still pretty standard and basic) then you will get directions from the court.

 

pete

[The Large Portion]

Absolutely right, it's just an acknowledgement of service. Woo, nearly!

 

Thanks Pete

 

Paul

[The Large Portion]

Well, I've had an execution of stay put onto the claim. I guess I've just gotta sit and wait it out until after the test case?

[Castlebest]

Hiya LP, good to see your still about .

 

You have just joined an ever growing club all you can do is think about the statutory interest building up on your claim value.

 

pete

[The Large Portion]

So do we just wait until after the OFT case is completed?

 

All the best to everyone! (belated...)

[Castlebest]

Hiya LP, Happy Christmas and a very prosperous New Year to you too .

 

For now all we can do is watch what is happening with the test case . I think the first point where we may be able to start the ball rolling again will be after the first instance judgment is awarded in the test case.

 

Although its almost guaranteed there will be an appeal against this judgment the judiciary (judges) may feel enough clarification has been made to allow our claims to be heard and the stays could start to be lifted.

 

we just have to hope

 

pete