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Mum & Dad v HSBC


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Hello CAG

 

I am currently trying to get back charges for my mum and dad. I must extend a big thank you to the people who run this website and the people who post. I have enjoyed reading all of your cases. They have given me the confidence to try and help my mum and dad get out of the debt ridden position they are currently in.

 

I have used the templates from this site to get as far as I have. I have filed online with MCOL (HSBC pretty much ignored my letters upto this point), and have received HSBC's Acknowledgement of Service stating they intend to defend the whole amount.

 

The amount I am claiming is £3878.50 (now £4721.83 inc 8% interest & £120 MCOL fee). I have now received an offer from HSBC. They offer £3100 back. However, my dad has a loan that is now with there debt management company Metropolitan Debt Services and they state they will only pay that money into that loan. Even though the bank account was in both names and the loan is only in my fathers name.

 

I am thinking of writing back, saying we are willing to except the offer if they add on the £120 MCOL fee, making £3220, and only in the form of a cheque made payable to my mother (as she is the only one with a bank account since HSBC shut the account without any notice or explanation resulting in a lot of inconvenience for my mum and dad, I am thinking of writing to the Financial ombudsman about this.)

 

I was just after a bit of input and advice from some of you out there with better knowledge and experience than I.

 

Thanks in advance :)

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Here is a copy of my partial accpetance letter. You can add on to the bottom of it that you will only accept the repayment in the form of a cheque made payable to xxxxxxxx:-

 

Colin Langdale

HSBC

Service Quality Team

HSBC Bank plc

Arlington Business Centre

Millshaw Park Lane

Leeds LS11 0PP

16th March 2007

Dear Mr Langdale,

Account Number :- xxxxxxxxxx

Response to settlement offer

Thank you for your letter dated xx.xx.xx offering £xxxx.xx in full and final settlement of my request of the bank charges you levied from our account during the last six years. We are prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £xxx.xx is to be paid within the next 10 days. This amount is made up of £xxxx.xx being charges levied from our account as detailed in my letter before action dated xx.xx.xx, £xxx.xx being the interest claimed under section 69 of the County Court Act 1984 at 8%, and £xxx.xx being the amount paid by ourselves for the claim made against you via Money Claim Online on xx.xx.xx. We have enclosed a copy of our letter before action together with a schedule of the charges and interest claimed.

Please note we are claiming £x.xx per day in interest at 8% until this matter is settled.

Yours faithfully

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Hi PPL

I'm at roughly the same stage as you with HFC (part of HSBC), so I'm encouraged to hear that I may have an offer soon. My claim is only for £240 and they had previously offered £75, I'm sure they will pull out all the stops to offer me more than £100 :rolleyes: . Keep up the good work though. I can almost feel how proud your mum and dad will be when you get this sorted for them :)

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

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  • 2 weeks later...

Update: Received transfer of Proceedings letter saying its moved to my local court. It also says that the AQ is to be dispensed with unless the district judge says otherwise.

 

HSBC have filed a defense saying that they have acted as per terms and conditions and that they offer a service as set out in their price list and they therefore deny the claim etc

 

A few days later received a letter from the court 'Notice to Pay Fee' asking us to pay £100 or else it drops out of court and we have to pay all costs. Left that until it had to be paid to allow HSBC to reply to our letter refusing their offer. The man I paid the money to at the courts said I should get a date with in 5-10 days as they're not very busy at the moment. I asked him about the AQ and he said that they are not doing them on bank charges cases anymore.

 

Have received a letter from HSBC today (two days after paying the £100 to the court) saying they have not had a reply to their latest letter back in June, even though we sent our reply recorded delivery on the 4th July refusing their offer. Going to trace it. They say they will consider the matter closed if they dont hear back in 7 days, going to send them a letter advising them of the letter I sent Recorded Delivery (Royal Mail say they delivered it, checked online), and letting them know they owe me mum and dad another £100!!

 

Thanks again for the help and support, I'll probably be back on with a few questions about the next stages. Fingers crossed we get a decent offer first though.

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  • 1 month later...

I've left this on the back burner for a while and I'm after some advice on how to procede.

 

The last thing I got was my 'Notice of Allocation to the small claims track (hearing)' on the 28th July. This has set a cout date of Oct 8th. I havent done anything since and I'm wondering whether I was supposed to.

 

In the letter it says 'The claimant do within 21 days of the date of this order serve a schedule setting out the amount of the individual charges, the dates they were applied to the account and the reasons given for such charges'. But I havent sent anything. I've sent HSBC copies of the charges before. I phoned the court and asked them and they said everything is proceding as normal nothing to worry about, any advice?

 

Havent heard anything back from HSBC for quite some time.

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  • 2 weeks later...

i've now received two letters, one from the courts and one from DG Soliciters saying that the case will now be stayed until the case that is before the Commercial Court is decided, or until 31st Match 2008, whichever is sooner.

 

What can I do?? It says if i want the stay lifted i can apply to the judge setting out why this individual case should be allowed to proceed now, given the Commercial Court Litigation has been designed to determine the issues which apparently lie between partiess in your case.

 

Any advice? has this happened to anyone else yet?

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[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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i've now received two letters, one from the courts and one from DG Soliciters saying that the case will now be stayed until the case that is before the Commercial Court is decided, or until 31st Match 2008, whichever is sooner.

 

What can I do?? It says if i want the stay lifted i can apply to the judge setting out why this individual case should be allowed to proceed now, given the Commercial Court Litigation has been designed to determine the issues which apparently lie between partiess in your case.

 

Any advice? has this happened to anyone else yet?

 

 

Lots of people are applying for stays to be set aside, there are templates in the library for each bank, currently the best bet is hardship or human rights, You can download application ( form N244 from HMCS site) this is in Pdf. format so you can complete it but not save, thus you will have to print off 3 copies, same as N1. cost is £35 or £65 if you want a hearing. good luck with it. regards Stone

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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Before I went away (at the end of August) for a couple of weeks, people were advising to pay the £65 and request a hearing.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Jo, I've been saying its a matter of choice whether you ask for a hearing or not.

 

If your good at arguing with people (not shouting and screaming) it is probably worth asking for a face to face meeting in a hearing situation.

 

If your not good at arguing a point then a written application would probably be better for you.

 

Its a personal choice, the written application costs £35 and the hearing is £65. The District Judge does have the option to ask you to attend a hearing anyway which ever route you use if he so wishes.

 

One other thing, dont let the fact that your asking for a meeting in a courtroom put you off. It will be a small office in the court building with the District Judge not wearing official robes and probably a legal representative from the bank. The District Judges are normaly very supportive for us none leagal people at these types of hearing, all he/she will want to is hear the facts from you.

 

pete

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Thanks for the update Pete. Its amazing what happens when you go away for a while. Even Freaky has gone all pink!!!! :D

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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decided to go for the £35 option, fingers crossed. We delivered it to the court Monday, the fella at the court said that you dont even need to pay or print out the form, we could've just wrote a letter to the judge. Anyway, he said it will go in front of a judge today. thanks again for the help

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Good luck with it PPL, I applied for hearing, the court manager told me that I didn`t need to ask for hearing, I wanted hearing as I feel more confidant in speaking than written argument, said it would go before District Judge for decision as to whether hearing was required or not then If he deciced on hearing Court would pay cost. Turns out DJ decided on hearing and all my papers were sent back to me with covering letter. Took it all back to court to explain what I was told and they said DJ had instructed that if I wanted hearing then I had to pay for it. Why on earth they didn`t take my money 1st time round beats me, any way I paid the extra gave all papers back and the say I will get date for hearing, prob late December or early in new year. They are as bad as banks wasting time!!

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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