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Carr v HSBC


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Did they put in thier offer; words to the effect of this offer is available until such and such a date?

 

If so then they have,or will fail to keep thier side of the deal.

Claim continues.

Have you told the court the claim has been settled? if not it might be an idea not to do so until you have the money or you can get the default decision.

I,m not defending the bank, but it may be that they are unaware of the whole picture or at least were at the time of the mix up.

DG will be doing most of the decision making in this taking out of the hands of the bank, the issue may well lie firmly in thier hands as opposed to the bank.

It is i would imagine very frustrating, but to have the best effect on them is to be absolutely clinical with all concerned, they will be more bothered about this than if they are thinking they have wound you up.

I woudl concentrate my efforts on DG, leave the bank out of it for the moment, that is what they pay DG to do.

No doubt the experts will offer soem sound advice of how best to handle this, i personally think if handled correctly and calmly you can have them jumping through hoops over this.

Best of luck with it all i hope it is resolved very soon.

I love the smell of banks coughing up refunds early in the morning

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Thing is though joe, the bank have c*cked up big style. This matter is now not only about the bank charges but the way that HSBC have handled themselves sending account details to someone else. The bank will try and stall on this, they can't be allowed to. They have breached DPA, there's no two ways about that, question is will they sort out a suitable arrangement or will they do their usual stubborn head in the sand act.

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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Markd.

Totally understand your frustration in this matter.

My point is though, before getting too involved at finger pointing we have to establish the facts of the maytter as all may not be as it first appears.

I read a document on this site the other night about DG's (for want of a better description) marketting material, if i have understood this correctly they use an electroinic invoicing system

The chances are that the bank whilst on the face of it may well have posted out inaccurate info and material in the form of cheques etc, the chances are this is not down to them but the electroinc system.

That is to say DG MAY of entered incorrect details and hence the problems being experienced.

The data protection issues may well be in the end legally the banks problem but we need to consider all the possibilities and who caused th eproblem.

HSBC may on the face of it be appearing to be dragging thier heels, and they certainly should at this stage be going all out to resolves the issues, they might alos be very confused by what has happened and ignorant of the actual facts of the matter.

If i was in this position i probably woudl look at my options.

 

I could do nothing and wait for default judgement,

I could write to HSBC setting out very clearly what has happened to date and concisely seek options for satisfactory conclusion.

I could write to DG as above and request that they as the banks solicitors resolve the matter within 7 days or the claim remains inorder for the judge to decide on the merits and options he may use in this matter.

Once you have secured resolution i woudl then consider my options as to what i could then do about the mismanagemnt of the refunds.

As i said earlier you have to be totally clinical about this and show or indicate any emotion, everythigjn you wirite and say coudl be used by them to defend thier actions at soem time in the future.

Let us b eperfectly frank here, they do not care one iota about us as individuals, they care not about our personal circumstances or needs, they are there to make money out of us and nothing more.

TO PUT MY RAMBLINGS IN PERSPECTIVE,

I am probably the most obnoxious foul mouthed individual on this group, but i quickly realised by ranting and raving on the phone does me no favours; i now only communicate with these people in writing, when i can consider, plot and execute politely and clinically.

It is les stressful and i dotn end up making comments that could to be my detriment.

Slowly slwoly catchy monkey for me from now on.

At the end of the day i try not to loose sight of my intentions, that is simply to reclaim my money as smoothly as possible.

It isnt going to happen overnight and they will try and use every trick in the book to stir a reaction or delay matters, at the end of the day it is costing them more and more money each day it continues, if by chance i am given the holy grail of oppertunities of setting the bailiff's onto them all well and good and a huge added bonus.

One considered step at a time and we will come out on top in these matters.

I love the smell of banks coughing up refunds early in the morning

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Joe, The cheque and letter came from HSBC not DG. It was an individually written letter where someone just changes the address and account details on their pc screen, but on this occassion the letter was addressed to one person, with the cheque made out to another person! The cheque was stapled to the letter. So, there was obviously no check that the name and address and the account number tied up, and no check that the cheque was being stapled to the letter with the same name on!! Sorry, but HSBC at fault, big time.

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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also within the letter was the amount for my cheque with markd address, so this is all HSBC fault and they will be sorting it out.

HSBC :Cry:

Data Protection Act sent 25/05 - statements received 06/07

First letter sent 07/07 - no response

Second letter sent 26/07 - 70% offer - refused

MCOL issued 01/09 - acknowledge 05/09.

 

First Direct :D

DPA sent 09/06 statements 22/06

First Letter sent 23/06 - settled in full 28/06

Timecard

DPA sent 04/08 statements 12/09

First Letter sent 12/09

 

Marbles :!:

DPA sent 04/08 statements 24/08

First Letter sent 25/08 - refused to pay

Second Letter sent 26/08

Egg :evil:

DPA sent 04/08 - still awaiting

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At the end of the day the biigest thing is to get the refunds sorted out and the right payments tot he right people.

Then tackle the issues with regards to thhe cock ups.

No doubt they will try and fob you off with the standard were sorry blah blah blah, that would be the tiem i woudl choose to take firmer action.

Rhis cock up i reckon shows the amount of pressure and volume the claims are having staff, settlign these matters earlier and in house would be the far cheaper option for them, the only people profiting from this at the moment is DG.

Bless em, they must of thought all thier crimbo's have come at once.

I love the smell of banks coughing up refunds early in the morning

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