Offered settlement

[robbond55]

Hi all - awesome site!

Well, here goes for a newbie!

DPA Letter sent 8/3/6 for six years statements - letter back March 31st - £10 fee waived, over next week or two inundated with statements and many happy hour spent sorting them!

Request for repayment letter sent 16/04/06 - awaiting response!

 

Total asked for is £1109.50 plus interest of five percent giving a grand total of

£1164.97.

 

Waiting with baited breath!

 

Keep up the good work!!!

 

Rob

[Guest Lueeze]

Good Luck!

 

Lou x

[overcharged_consumer]

Total asked for is £1109.50 plus interest of five percent giving a grand total of

£1164.97.

 

Why interest at 5%? Unless you're claiming the debit interest that was applied to each charge (assuming a charge took you overdrawn) then you shouldn't be claiming interest until you file a claim. You are then entitled to add interest at 8% from the date the charge was applied.

[Guest Lueeze]

Oh yeah just noticed that too!

[robbond55]

Ok - thanks was unaware of that well the post is due anytime so I fingers crossed I hear something from them.

Just a thought - we (as in the Great British public) need this site to grow and grow. I feel that the tide is finally turning against these robbing b*****s!

[robbond55]

Hi all.

In response to my preliminary response I got the standard Mr Beaumont says 'Sod off' to which I have sent in an LBA to say 'No I will not sod off'.

Lets see what is happening as the clock is now ticking!

 

 

 

 

 

 

 

 

HSBC £1109.50 lba posted 8/05/06

CO OP £237.50 Preliminary letter sent 8/05/06

[robbond55]

Hi all

Just received a standard response letter from Mr Pretty offering half of my claim of £1109.50 which is £575.

Just a couple of questions - what do you think is the best route for me to take?

Ignore it and file my claim immediately, send a response saying thanks, but no thanks and file the claim or thanks, I'll take half and will issue a claim for the other half?

Also, shall I file immediately if I send a letter back to them or shall I wait for a response before filing?

I feel that I am on the last lap now so thanks everyone!

 

 

THREADS MERGED - PLEASE DO NOT START NEW THREADS IN RELATION TO AN EXISTING CLAIM

[Spiceskull]

Hi,

 

You have two choices only - accept the partial refund or don't.

 

If you accept you need to write back saying something like '...thanks...partial settlement...will pursue bank for the full amount...'

 

If you decide to reject the offer then just let them know that their offer is not satisfactory, and that you will pursue for the full amount.

 

As they are engaged in a dialogue, it would be best to stick to the deadlines you have set - it makes you look more reasonable, and it also demonstrates that you are trying to settle without recourse to the courts.

 

Good luck.

[robbond55]

Thanks Spiceskull - youu have helped me make my mind up!

I will acknowledge the offer with a coreteous letter but inform them that the deadline for repayment still stands.

Holding my breath now....

 

 

Rob

[Spiceskull]

Enjoy!

[robbond55]

I have decided that this will be the letter I will respond with.

Any feedback on this will be greatly appreciated...

 

 

Mr Robert Bond

Xxxxxxxx

Xxxxxxxxx

Xxxxxx

 

Xxxxxxxxxx

xxxxxxxxxxx

 

13 May 2006

 

Dear Mr Pretty

 

Many thanks for your letter dated 11 May 2006. I appreciate the speed in which you responded to my previous letter.

 

However, in response to your kind offer of settlement as my claim is for £1109.50 in punitive charges unlawful in Common Law on this occasion I feel that I must decline.

 

As my letter before action was sent on 8 May 2006 giving you 14 days from this date to comply I am extending this courtesy by sticking to my original deadline before starting action to recover this amount instead of filing action immediately in response to your refusal to refund the full amount.

 

I anticipate your response to this letter.

 

Yours Sincerely

 

 

 

 

Mr Robert Bond

[Spiceskull]

Personally I would remove the sentences in brackets, and add the bits in red that are not bracketed. There was nothing wrong with your original, but I believe that these edits tighten it up, and should give him something to focus on. Good luck.

Dear Mr Pretty

 

Many thanks for your letter dated 11 May 2006. I appreciate the speed in which you responded to my previous letter.

 

However, in response to your (kind) offer of settlement, as my claim is for £1109.50 in punitive charges unlawful in Common Law on this occasion I feel that I must decline.

 

(As my letter before action was sent on 8 May 2006, giving you 14 days from this date to comply, I am extending this courtesy by sticking to my original deadline. before starting action to recover this amount instead of filing action immediately in response to your refusal to refund the full amount.)

I shall be sticking to my original timetable, giving the bank until 22nd May 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.

 

(I anticipate your response to this letter.)

 

Yours Sincerely

[robbond55]

Thanks Spiceskull for your views.

Yes, I shall make the edits that you outlined. Not only do they tighten the letter but I feel toughen it up a bit more as well!

Thanks anyway

 

 

Rob Bond

[Spiceskull]

Good luck.

[robbond55]

Hi there - just before I file my claim just want to know one thing - my claim is for £1109. Do I just times that by 8% and put it on top?

Need to know as just itching to get stuck into the last leg of this!!!

[maverik1979]

nope, its a bit more complicated than that, each individual charge needs 8% APR on it ie 8% interest for each year since the charge,

however our good friends here at consumeractiongroup have made a rather nice excel spreadsheet , you just put in the charge and when it was and it calculates it all for you

 

http://www.bankactiongroup.helpwithmypc.com/resources/BankCharges.xls

[robbond55]

Thanks - it may be more complicated but it means I can claim back three times more interest than just adding eight per cent of the total!

Great!

[robbond55]

Right then - time to issue that claim!

I am claiming the £1109.50 and now with daily interest at 8% gives a total of £1431.69.

Just a quick question - do I list the defendant on the Monryclaim site as the Local Branch where my account is held or send it to the Service Quality Team who have wrote to me previously?

Many thanks anyway!

[Spiceskull]

HSBC Plc, Local address details. You do not need to name a person or a position...good luck, you are approaching the last hurdle...

[maverik1979]

consider it compensation for stress induced by bank charges

[robbond55]

Thanks Spiceskull - All done.

Now all I have to do is play the waiting game and see...

[robbond55]

Received a letter this morning from Mr Pretty dated 24 May 2006 offering me full settlement of £1109.50, my original claim. However, I also filed my moneyclaim yesterday with £120 costs and interest at 8%. Do I accept the offer, or would it be deemed unreasonable to wait until they receive the details from Moneyclaim and claim the costs and interest as well?

[dave]

I would write back stating that as they did not give a satisfactory answer within the required timeframe, that you stood by your word and issued court proceedings.

 

If they are prepared to pay the costs and interest then you will stop the claim, otherwise it now goes ahead.

 

If it were the other way around, they wouldn't have given you an inch and you would have been expected to pay their court costs (which they would probably have over-inflated as well.)

[robbond55]

Many thanks Dave - to be honest thats what I thought but thought I would ask the opinion of someone better qualified than me to answer it!

Lets see what happens now - I feel a letter coming on!

[overcharged_consumer]

HSBC Plc, Local address details. You do not need to name a person or a position...good luck, you are approaching the last hurdle...

 

Can I just ask, and apologies of it's hijacking the thread, but is there any reason why we put the local branch down rather than the head office address? If it's purely so the case is allocated to a local court then I thought it was allocated to the claimants local court anyway? Is there any other reason why as I would have thought a branch would forward it to a central orifice anyway?

 

Cheers

 

OC.