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Default Rejected?!


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Hi All some advice needed. I have been through the claims process myself and so have agreed to help me sister with her HSBC claim. All was going well and we sent off the letter before action clearly stating HSBC had 14 days until legal action started and interest charged. When this expired we started the legal claim and allowed the court process to start. About a week after the expiry of our deadline and 3 days after we started the court claim my sister received a letter offering her most of the money but not the full amount which we decided not to reply to as we assumed it had crossed with correspondance from the court, also the ammount had risen due to interest and costs. Now as the 14 days went by and nothing was done by the bank we submitted a request for a default judgement, again 2 days later my sister received a follow up letter from the bank asking if we wanted to settle for the previous ammount making no reference to the court claim. I've just looked on MCOL and it says the default request was declined, have we done something wrong? Should we contact the bank and just accept the settlement? Any info would be great as I've not been down this road before. Thanks x

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The default was probably rejected because HSBC entered a defence last minute. You could always call MCOL and ask them to check. And no, you do not have to accept the settlement if it is for less than 100% of the claim.

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take a look at these two threads -

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

you should get some paperwork in a couple of days from the court - transferring your claim to a local court - then you should start the nudging process - see post 1 of both links for some ideas for letters to dg.

once your claim has been defended - i suggest a nudge letter with a breakdown every 10 days until they make an offer - the offers will now come from dg solicitors - not hsbc.

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