Tracey vs HSBC

[freakyleaky]

That is a long time to wait. I would give the mcol helpdesk a ring in the morning.

They usually write and tell you what is happening within a week or so. The Trouble is that they are really snowed under with claims at the moment and they have been having technical difficulties just to add to their misery.

They ar every helpful if you ring them though.

[Castlebest]

Lenlu... we established the defence wasnt due until the 21st July, what you have is the acknowledgement that DG will defend.

 

pete

[Lenlu]

Pete, I thought I should have received something from MCOL to say it had been transfered to the local court, when I log in to MCOL it does say you will receive info shorly and that was 2 weeks ago, its no problem though, I will hang tight.

 

Decline letter sorted tonight (im on night shifts ) and will be sent tomorrow

[freakyleaky]

You said it was deemed served on the 23rd! That was only 13 days ago! If it was deemed served on the 23rd then that means you filed your claim on around the 18th. You say it has stated on mcol that the case has been transfered for the last 2 weeks! That can't be right! You must have your dates mixed up somewhere.

 

You file your claim.

 

5 Days later it is deemed served.

 

dg have 14 days to acknowledge (and say if they will defend)

 

Once they do acknowlegde they then have 28 days (from the date deemed served) to enter their defence.

 

Once the defence has been entered you will see "defence" on the mcol status.

 

Mcol will state that as a defence has been filed they can no longer deal with your case and it will be transferd to your local court.

 

The next thing you will receive is papers from MCOL with the notice of transfer giving you details of the court where it has been transferd to, together with a copy of dg's defence.

 

So according to your dates you are not due to receive a defence until the 21st of July!

[Lenlu]

Maybe I am all muddled here then, mcol status says defence and the date 18/06/07 next to it. It has stated defence with that date since around then, yes my paperwork says deemed served on the 23rd, so although I am not due for a defence maybe HSBC know how crap I am and defended early!!

[Lenlu]

Defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

[freakyleaky]

But you only filed your claim on the 18th? Hoe can it have been defended when dg hadn't even received the claim?

 

I would get on the phone and call the mcol helpdesk and ask them to clarify the status of your claim.

[freakyleaky]

Please ring them asap. Something is wrong here!

[Lenlu]

You are absolutly right freaky, mcol engaged so I have emailed them to enquire about it, it just confused me as it showed as defence from about 5 days after I filed my claim

 

Off to bed for the day for me and ill check back

 

Letter declining offer posted this morning

[Lenlu]

Ok just phoned them, it has been transfered to Derby county court, HSBC defended very early apparently on the 25th June, the lady said this was not unusual at the moment with bank claims, so all appears ok, so do I wait to hear from the court?

[Lenlu]

and just received notice of transfer of proceedings, dispensed with the allocation questionnaire

 

so nudge time to DG? and wait for hearing date?

[livelylad]

yes.

[freakyleaky]

As livelylad put it.... Yes! Start with the nudges and you will get directins from the local court shortly.

 

This is good news as it shortens the waiting time.

[Castlebest]

Think the banks solicitors must have had a rocket from someone high up in the legal system to make them move a bit quicker.

 

pete

[Lenlu]

hehe ok the ironice thing, you know I said I had an offer of 400 odd pounds, I thought this was for both accounts as I have claimed for them together, howver if was for just the one account and this morning received an offer for the other account which is basically all that I originally claimed for, however since I have come this far I at least want my wasted £80 court costs paid too.

 

Just a little question, on the original HSBC letter they said they would reply within 8 weeks to my complaint which they have and have offered me in full, so if it goes to court wont the judge feel hsbc have been reasonable and I am just being greedy now?

[lateralus]

you gave them 14 days to respond and they haven't responded within that time - so you filed your claim - presumably you have now added 8% interest to your claim and should you continue - you will take a couple of months and you will more than likely get the lot.

 

if you wanted to accept those two offers for the two accounts and would in fact actually accept if they were to add on the court fee - then send this letter and i'm pretty certain you will get the court filing fee kicked in as well - the decision is yours - here's the letter in case you want it.

 

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 letters date xx/xx/xx and xx/xx/xx and your settlement offers of £XXX and £xxx.

 

I am inclined to accept your offers on these two accounts but I cannot accept the amounts given as full and final.

Unfortunately your offers have failed to include my court filing fee of £xx and therefore I am unable to accept your offer as full and final settlement until you agree to refund this amount. The total amount I wish to be refunded is £XXXXX(the total of the two claims plus the filing fee)

 

As soon as I receive confirmation from you that you agree to this increased figure I will accept the new 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 will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim of £XXX

 

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 £xxxxx, in order to be afforded this privilege by myself.

 

I look forward to receiving your revised offer

Yours Sincerely

[Castlebest]

All of the late HSBC offers I have seen where people have filed claims have been withdrawn. They wont pay court filing fees from Leeds so it looks like you will be forced to accept another 8% on top of what they offered you

 

pete

[lateralus]

i don't know pete, i've given this sort of letter to a couple and they did pay out the filing fee on top of the offer - maybe it depends on how far into the 28 days it is.

[Lenlu]

Ok just been reading threads and I have used the mse way to calculate interest!? is this a problem?

[lateralus]

not at all - it's other details i don't like - the calculator should be ok -

on the schedule of charges for example - they don't emphasize that you should call each charge by the name as it shows on the statements and never just have a list of "charges" - "Total Charges" is fine but some just put charges and it usually comes back to bite them.

 

other probs with mse are asking for the interest during the first 2 letters - we don't ask for it until the claim - but you are way beyond that now - so no problem there.

 

you can certainly try the template library for the simple spreadsheet - but remember to make the date the same as the date you did before else it will be way off.

[Lenlu]

Thanks hun, Im just putting together your spreadsheet now as there is no going back now, Im claiming on interest and I had one sheet for interest and one without and the one with interest just referred to the one without if you know what I mean, so putting it all together now so I only need send one Nudge letter number 1 being sent tomorrow

[Lenlu]

Ok a quick question when HSBC offered recently they also added a recent charge to it? Im guessing I dont add this to my claim when i contact dg with nudge?

[freakyleaky]

No! Stick to your original claim amount.

[lateralus]

well, if they come in with an offer at some point which says they aren't giving you the full amount because of ........whatever .....(like one of your charges fall out of the six year limit - or one charge was repaid earlier, whatever>>>) then i'd say you write back and say (in proper letter speak) gee, i'd like to take this offer but you've socked me with another charge for xx and i guess we'll have to go all through this again - were you to include that charge - i would then be able to accept this offer as full and final.....

use it as a bargaining chip but absolutely don't add it on as a part of this claim - it isn't.

[Lenlu]

OK another little question, when i received the offer from hsbc they knocked a charge off as I had agreed the charge, it was a temp overdraft fee thing, which is fair egnough and i agree, should I knock this off now im talking to dg or just let them work it out