Hubby -v- HSBC

[beat_the_bankers]

Hi everyone,

 

Ok, have got to AQ stage with this one, deadline was 8th May, duly filed with Bankfodder's draft order for directions. Hubby phoned court this morning, and was told that DG had failed to their AQ, and the judge has now given them an extra 30 days.

 

I'm amazed, I knew there was a good chance they would be given extra time, the norm seems to be 14 days, but 30???

 

Why oh why do the courts play straight into their hands time and time again?

 

Rant over

 

Kelly

[freakyleaky]

I totaly agree with your sentiments. makes the blood boil!!

The thing is that the courts are bogged down with all these claims and by doing that they give themselves a bit more breathing space!

Just keep sending the nudge letters to dg and the offer will come sooner or later!

[beat_the_bankers]

I know you're right, but surely if the courts are getting bogged down, they should take a harder stance and start striking out the defence if they fail to meet the deadline??

 

I'll keep nudging in the meantime, and try not to get too worked up!!

 

[beat_the_bankers]

Well, whoever hubby spoke to had it completely wrong. Recieved this on Saturday morning:

 

IT IS ORDERED THAT

 

Unless the defendant do file an allocation questionnaire with the court office within seven days of the service of this order, the claimant shall be at liberty to enter judgement.

 

Dated 10 May 2007

 

So not 30 days at all!! I take it we ring the court on Friday, and see what they say. I know I've read here that enetering judgement isn't always the best thing to do, as they will apply for it to be set aside, but in this case would they be able to?

 

All hypothetical I know, they've still got time to get it in yet!

 

[beat_the_bankers]

Bump

[brianwillaims]

hi folks, the bank decided to defend case couple of days before 14day time limit was up, giving themselves an extra 28days. I rang mcol help desk to see whats going on, they told me they were giving bank till the 30th May to file their defence, that makes it 33 days!! I think I'll probably be away when I get my notice of which court will hear my cases, so I asked mcol help desk they said if I wasn't available it could jeopardised my case- great !!- so I decided to send a list of dates when I'm unavailable, to Northampton and hope for the best. any suggestions please?

[beat_the_bankers]

Brian,

 

Have you started your own thread? Probably a good idea.

 

Do you mean they've acknowledged rather than defended? After transfer to your local court it could be months before a date is set, so once you've received the Notice of Transfer I would write to your local court telling them when you're away.

 

[beat_the_bankers]

Just bumping post #4 again!!

[beat_the_bankers]

Another bump.

 

Sorry for pestering - I know you guys are busy. I just don't want to enter judgement and then they have it set aside and everything be delayed for months.

 

[beat_the_bankers]

Ok, well they got their AQ in just on time, so was expecting it to be a long uphill struggle from there.

 

BUT... today have received an offer for the full amount plus stat interest, plus court fees!! Hooray!!

 

BUT... the letter was forwarded to me by a lady from Cleethorpes who had received hubby's letter in with her own. (If you use CAG thank you so much - I have emailed you)

 

Two questions:

 

1. What should I do about the confidentiality clause they want me to sign? I'm sure I've seen a reply somewhere that says I'll accept it, but I will charge you for providing this service

 

2. What should I do about the letter going to a complete stranger? I want to complain - but do I just write to them saying I'm not happy or kick up a huge fuss?

[Noddy73]

Tell them they have broken the confidential clause and data protection act by sending your offer to someone else. You'll accept the cheque if the clause if removed.

 

Personally I would then bank the cheque and leave it. You could complain to the Information Com Office.

[HSBCrusher]

Two questions:

 

1. What should I do about the confidentiality clause they want me to sign? I'm sure I've seen a reply somewhere that says I'll accept it, but I will charge you for providing this service

 

2. What should I do about the letter going to a complete stranger? I want to complain - but do I just write to them saying I'm not happy or kick up a huge fuss?

firstly.... don't accept the clause, cross it out, they pay anyway.

secondly... this is a very serious breach, you need to complain. big time. what if that honest and kind lady didnt send the offer on, and used the data for criminal purposes? You would not have had your offer! It is a letter about a private matter that was sent to someone else. Write to the bank first, outlining your complaint in no uncertain terms, how shocked and hurt you are that this happened.

[oyster11]

Well Done

 

You can modify this to suit

 

Draft -- Comments Please

 

 

 

_______

 

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXI accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge).

 

I have agreed with XXXX XXXXX XXXX ltd. full and final settlement figure of £xxx, I give you authority set off this amount of £xxx only to XXXX XXXXX XXXX ltd.

 

 

The balance of £xxxx.xxxx be paid in the form of a cheque made payable to myself.

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £XXX, in order to be afforded this privilege by myself.

 

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

Like Crusher Says thats very very naught of them i can only imagine how stressful that must be!!!!

 

Oyster

[beat_the_bankers]

Ok, will draft strongly worded letter tonight. Do I tell them I want some form of compensation or just complain? I feel a bit uneasy about looking like I'm just after more money!

[beat_the_bankers]

Thanks for that Oyster - I knew I'd seen a letter charging them for me keeping quiet!!

[beat_the_bankers]

I refer to your letter dated 17 May 2007, which was forwarded to me by a Miss XXXXXX who received my letter with her own. I am frankly outraged that a highly confidential letter containing my personal details and referring to a private matter was sent to a complete stranger. I am sure you are aware that this is a serious breach of the Data Protection Act, and could have had serious consequences for myself.

Identity theft is now widespread, and we are urged to shred any documents which contain personal details, yet you have sent my details to a complete stranger. I am sure you will appreciate this is very distressing, and completely unacceptable.

 

I find it laughable that you then try to impose a confidentiality clause on me. Please be assured that I will not accept any such confidentiality clause, and indeed may even decide to publicise this breach of my personal security.

Regarding the offer of £XXXX.XX, I will accept your offer as full and final settlement only for this claim of charges levied on my account between 27 February 2001 and 27 February 2007.

I accept this offer without prejudice, and I reserve the right to make any further claims should HSBC apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

I will withdraw my claim upon receipt of unconditional full settlement of my claim. I trust that you will find this arrangement acceptable.

I look forward to hearing from you with regards to your careless handling of my personal information.

 

Yours sincerely

Mr Beat the Bankers

 

CC Colin Langdale, Senior Service Quality Officer, HSBC Bank plc

Sent them this today, so will keep you updated if we get a reply.

 

Thanks for all your help!

[evanesco]

Hiya, it was me *waves*. I hope you get get something suitable back from them. I posted here when I recieved it asking what to do. I'm subscribing to your thread to see what happens.

[beat_the_bankers]

Hi evanesco, thank you again! I'm not holding my breath, I chickened out of demanding compensation so at best we'll probably get a half-hearted apology.

[lateralus]

just glad it got the the right person - we were all guessing - check out the fun it caused!

HELP!! I've received someone elses documents from D & G

evanesco

 

I'm totally thrilled you got your offer - and I too really like the idea of telling dg they've already breached any possible confidentiality by sending it to the wrong person. I guess we have to expect a few hiccups - but really - they are the professionals - not us!

 

anyway - congrats. on the offer!!!!!

[evanesco]

Hey there BTB, I think the least you can expect is a proper apology.