IzzyK vs HSBC

[IzzyK]

Hi, just got post, £2,070 refund!!!!!!!!!! They will not pay overdraft interest but that was only £13 so I am thinking what a result. Just going to read all the details but I am over the moon!!!

[lateralus]

hey, it was that reference to the dead hawaiian guy - he must be your guardian angel.....

 

cool, read it and take it in - make sure it's included everything you've put out for - charges, 8% interest, filing fee - any court costs - aq fee, anything you've paid. when you think it's ok -

 

accept it - but on your terms - not theirs.

 

here's an acceptance letter:

 

 

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 £XXX

 

I 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 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 will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

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 trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

 

 

oooooh, so close you can smell the money!!!

[IzzyK]

Thanks for that! Am a bit confused the letter says "we are prepared to make a payment to you for the sum of £2,070.60 in full and final settlement of this matter. This represents our offer in respect of the charges applied up to and including 8th July and includes accured chages totalling £150" my court claim was for £2136.77 inc contractual interest and fees. Not sure hoe they have come to this figure. I did have other charges made on my account between Jan 07 and June 07 that I did not include (wasn't sure I could), do you think they have paid these back and not fees and interest? What should I do?

[lateralus]

i don't think anyone is getting contractual interest now - i'd let it go - in the acceptance letter you could ask for that amount to keep silent - you won't get it - but it's fun to try.

[IzzyK]

Thanks for that, I am sending acceptance off today. Do I have to contact the court to let them know - I haven't heard anything back since I sent my claim?

[pinkduchess]

congrats izzy!!!

 

dont halt the claim till you've got the money

[IzzyK]

Hi, just realised when reading the acceptance letter that I have put the dates I claimed for, but from looking through the offer letter (part above in post 28) should I be putting in the date they said they have refunded ie 8th July?? Bit confused, don't want to get it wrong at this late stage. Any advice much appreciated!

[IzzyK]

Help!! I have accepted the offer made from Mr Loker and waiting for the cash, but in the meantime DG have acknowledged the claim and intend to defend. What should I do? I did read on other threads this may happen, but not sure whather I need to contact anyone or just wait and hope the money lands?

[Castlebest]

When you get the money from HSBC write to the court and to DG and tell them the claim has been settled, if DG's defence has only just gone in you should have a couple of weeks before anything happens with the court.

 

pete

[lateralus]

here's a letter for when you money arrives - - -

 

The Court Manager

****** County Court

Court address

Court Postcode

 

[date]

Notice of Discontinuance

Dear Sir/Madam

 

[you] -v- The bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

 

Yours faithfully