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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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un1boy v HSBC - SETTLED!


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I sent my reply to DG solicitors Monday and they recieved it 08.08.2006. I haven't heard anything from them and it's now Thursday. If they don't file a defence within the 28 days do I still win by default?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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If the court served your particulars of claim in, or with, the claim form, the Form N205A (notice of issue), given or sent to you when you issued the claim, will show the date by which the defendant should reply. This will be 14 days after the defendant was 'served with' (received) your claim form. You must wait until after this date before you can take any action.

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed. Until the court receives your request to enter judgment, the defendant can still reply to your claim. If the court receives the defendant's reply before your request, that reply will have priority even though it has been filed late.

If you do not request judgment within six months of the end of the period for filing a defendant your claim will be 'stayed' (stopped or halted) and the only action you could take would be to apply to a judge for an order lifting the stay.

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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Thanks for this Angela.

 

Well HSBC acknowledged my claim within the 14 days saying they would defend. I got then got a full settlment offer three dys later. I sent a reply back (above) which they received last tuesday (08.08.2006). I haven't heard from them and was just thinking that if they now don't reply I win by default after the 28 days, is that right?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Just an update. i sent this reply to DG solicitors with regards to their settlement offer:

___________________

Thank you for your letter dated 01.08.2006 regarding a settlement offer for the claim I have made against HSBC. Firstly, I would like to point out that I find it offensive that your letter was addressed to Ms un1boy and started Dear Madam. I am surprised that you would address me as though I am female, especially as my records show that I am in fact a male and all of my letters are signed off “un1boy (MR.)”. In any case, I would like to inform you that I have received your letter and noted your points. However, like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge. I am also very confident that a judge will also see it this way. Whilst I have to mitigate my loss I am prepared to accept the figure of £600.27 you have quoted. I will accept this as full and final settlement of the cash element particular claim, in the form of a cheque made payable to: Mr. un1boy. I expect the cheque to reach me within seven days.I reject all other conditions you have attached: Unless your client would like to negotiate a payment for this extra service you are asking from me, as a separate agreement?

 

 

I will continue my claim against your clients until such time that your client accepts my terms and has paid the full amount, including the daily interest, into my account

 

 

Please be advised that I require all further correspondence to be sent to the address at the top of this letter. I have made this request in writing to HSBC as part of my original Data Protection Act S.A.R - (Subject Access Request) request and many times over the phone; all of my letters to HSBC have also had this address at the top of them. Any correspondence sent to xxxx will take another two working days to be re-directed to me and could be viewed as a breach of the Data Protection Act as you and HSBC have not kept up-to-date information, despite my requests both verbally and in writing.

______________________________

 

Damn it, I've just ahd thought - should I have sent a copy of this to the court? They marked their original letter "without prejudice." How does this effect it? I'm thinking I should forward a copy to Northammpton - any advice?

 

Thanks guys! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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*bump*

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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got a letter from DG today saying my cheque will be with me within seven days from 16.08.2006. now, the mcol deadline is Monday 21.08.2006 - they said that if i do not withdraw it then "that's no problem, we can enter a defence!"

 

any ideas? should i withdraw it, or at least call the court and tell them and maybe extend it by another seven days? I just want my money at the end of the day!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Have seen a couple of other threads where they have hung around when issuing a cheque, personally I'd wait a see which comes first, the cheque or the mcol deadline. If they enter a defence by midnight 21st then they get another 14 days. If not then you can issue judgement and send the baliffs in ( plus get the daily rate between now and then).

Why does it take so long to issue a cheque?, I work in customer services for an international retailer and it takes us 2 days from request to dispatch, even quicker if we can be bothered to phone the accounts dept and ask them rather than waiting for the system to run of a cheque report.

Oh well, at least you're getting it... eventually, they still haven't agreed to mine.

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I agree, doesn't take that long! well, last day is tomorrow - I have been advised to tell DG that I am not withdrawing so will ahve to call them Monday. she said though, "that's ok - we can enter a defence!" Cheeky woman!

 

abcdef - I can't seem to PM you, it says you aren't accepting them so I couldn't reply.

 

do you think i should call them on Monday? i spoke with her friday and said that I'm not withdrawing it anyway and then she said - that's ok, we can enter a defnece and then asked if the cheque will definitely be issued and she said yes. so i said, ok then basically. i don't know how where to go now really, not tell them or do tell them?!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Scrap that above - I've just checked MCOL and they have entered a defence. Do you think they have done purely to give them another 14 days or will they make me go to court?

 

Also, once this is done I'm going to write to the court to enlighten them on the fact that HSBC are being vexatious litigants - using the court timescales to "buy" them time, even though they are settling!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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OMG - how cheeky is that?! I'm sure that they shouldn't be using the system in that way. Have just checked mine and it still shows acknowledged. Oh well, at least your money is on route... hopefully. If they just got their behinds into gear it wouldn't have been a problem!

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OMG - how cheeky is that?! I'm sure that they shouldn't be using the system in that way.

 

I agree. something else a bit strange - HSBC have been sending my information to my mum and dad's address because the account wsa registered there (even though I asked them to change it to my address in my DPA request!) anyway, dad called me this afternoon and said there is a chqeue for the full amount (minus dailt interest - which was a condition of my settlment). the letter actually said that they had recieved a deposit for the amount but the account closed so have issued me with a cheque. Well, my settlement letter is above and I don't understand why they would try and send it to me as a BACS and not a cheque (as stated in my settlement!)

 

Now, the problem here is I DG have defended the claim so do I cash the cheque and contact them to persue for the interest, leave the interest or not cash the cheque? I am scared that the cheque may have now been cancelled!

 

Another strange thing is I sent HSBC a DPA breach letter because they haven't sent me any notes on my account. I need these notes for something totally unrelated to my bank charges so could really do with them! I got a letter from Colin Langdale saying on the lines of..."HSBC's systems aren't structured in a way that we log all manual interactions and our charges are not calcualted on the amount of manual interactions you have. There is no more information you are entitled to under the DPA which will shed light on the charges situation."

 

Now, I actually asked for a complete copy of all notes held on file, so will reply saying that the DPA requires them to provide ALL information about me and that I asked for all notes as well as any manual interactions. What a strange letter!

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Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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I really do think that they've just filed a defence to buy them enough time to get this payment to you. Sounds like they tried to pay in by BACS so it went into account straight away - only problem.. you no longer have an account... doh! (they really earn their money at HSBC!)

I would imagine that they're sending to your old address as they haven't read your letter prorerly and noted your new address.

I expect that the cheque will be fine, try banking it ( you can get special clearance for a few pounds). The daily interest is only a few quid and, personally, I don't think i'd pursue it as you've now got a cheque - provided it clears that is.

It looks like HSBC didn't want a CCJ against them and that's why they've been ackward. But then again, this is HSBC, who really knows what they are doing.... not even them apparently!

Well done anyway, I'm not tooooo jealous. Outside the bank at 9am Monday then?

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I really do think that they've just filed a defence to buy them enough time to get this payment to you. Sounds like they tried to pay in by BACS so it went into account straight away - only problem.. you no longer have an account... doh! (they really earn their money at HSBC!)

I would imagine that they're sending to your old address as they haven't read your letter prorerly and noted your new address.

I expect that the cheque will be fine, try banking it ( you can get special clearance for a few pounds). The daily interest is only a few quid and, personally, I don't think i'd pursue it as you've now got a cheque - provided it clears that is.

It looks like HSBC didn't want a CCJ against them and that's why they've been ackward. But then again, this is HSBC, who really knows what they are doing.... not even them apparently!

Well done anyway, I'm not tooooo jealous. Outside the bank at 9am Monday then?

 

I agree with you - the letter accpmpanying the cheque said that someone had tried depositing the cash a BACS transfer......hmmm, my settlement was as a cheque!! They forwarded it on as a cheque because the account was closed. I won't bother with the daily interest, but sometimes I just want to persue it out of principle.

 

I have sent colin langdale this letter in response to him telling me that I am entitled to no more information under the DPA "which will shed light on the charges situation."

 

_______

Thank you for your letter dated xxxxx regarding manual intervention and staff activity on my account. I note your comments regarding the disassociation with the calculation of your fees and the volume of staff activity on customers’ accounts.

The purpose of my request however was to obtain all information HSBC holds on me regarding the account above; as per my rights under the Data Protection Act (DPA). This includes all notes that have been applied to my account since its inception. The first sentence of my letter dated xxxxx states this clearly.

I therefore would appreciate you forwarding all information held about me regarding the above account, with the exception of the statements, within the next 14 days.

________________

 

Let's see what he replies. If he does, lol.

 

In terms of my settlement - if the cheque clears, how do I stop the claim? Because they haev entered a defence can I now take it all the way? I'm so tempted to - or should I see what their defence is? MCOL says I cannot do anything now.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Excellent letter, check what's in brackets as I think you meant SAR.

I've been told (by HSBC) that a whole office full of people manually return d/d's, needless to say I'm chasing a transcript of this conversation and have asked for evidence of this.

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Excellent letter, check what's in brackets as I think you meant S.A.R - (Subject Access Request).

 

Oh, yes- thanks for that!!

 

I've been told (by HSBC) that a whole office full of people manually return d/d's, needless to say I'm chasing a transcript of this conversation and have asked for evidence of this.

 

If it helps, the letter I received from Colin Langdale to which I have sent the above as a reply said that the amount of manual intervention on a customers account does not effect the amount they are charged as cahrges are just set at a standard rate!

 

I'll post the letter if you want me to? I'll type it out!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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For sure, is it ok to do after the bank holiday?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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lol not really, just not expecting to be that sober until wednesday!! ;-)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Well I'm sober now, hehe.

 

I will get the letter from home and type it up here for you tomorrow.

 

UPDATE ON MY CLAIM:

Called Alan Burton at DG solicitors as Deb D'Aubney is away until 04.09.2006 o inform I received the cheque but no daily interest. He said he will get another cheque issued for the amount of the interest within 7 days.

 

I wasn't gonna press for the daily interest but after the way she spoke to me the other day I thought I would, and afterall it was part opf my settlement.

 

As they have entered a defence he has informed me to write to the court to advise them it has been settled. I will write to themt o let them know I will confirm it has been settled as soon as the daily interest has been reecived. I will also advised them of the conversation Debbie and I had and that she only entered a defence in order to buy them the time. Let's see what the court think of that!!

 

Does the daily interest get calculated from the date they were served to the date the cheque was received or what?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Sar001 - here's that reply I got from Colin Langdale - let me know if it helps:

 

Further to your telephone converstion with Keith Needham, I can confirm that we have provided statements on your bank account as advised in our letter dated xxx.

 

We hve also refunded charges of £600.27 as detailed in our letter of the 17 August.

 

Our letter dated the 15 May 2006 advised the situation with regards to Manual Intervention and I include further information that may clarify the situation.

 

You should be aware that HSBC’s charges are not fixed by reference to the specific amount of staff activity involved in the handling of individual accounts. The level of staff involvement in account management varies from case to case but our charges are set at standard rates, set out in our price list. Changes to these charges are notified to you in accordance with the Banking Code. By fixing and publishing standard charges, HSBC ensures that customers are fully aware if the charges that will apply to their accounts.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hey Sar011 does the abovehelp you at all?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

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