Please help

[curlysteve]

My story started a few years ago when HSBC deposited several hundred pounds into my account by mistake. I foolishly spent it and then got a letter saying about the mistake and that I must repay it imediately. I couldnt, so they set up an overdraft for me. this went from bad to worst, so they set up a loan, which I couldnt afford to pay back. so then I had a loan and a overdraft that I couldnt repay. They closed my account and sent my debt to a collection agency. Recently I found out that I could reclaim the charges, so sent them the relevent requests, I didnt hear from them so I started the process of small claims, borrowed the money from my Mum for the court costs. my claim was for £1625.12 including interest, plus £120 costs. HSBC entered a defence and I have just received an offer of £1228.25, which is equal to the charges, minus a small mistaketaht I made of £35.25 for a card recovery fee which they are not willing to refund. They do not accept that the "interest" is appropriate and do not accept responsibility so will not pay the court costs. They have offered to send a cheque to the collection agency to reduce the loan, rather than pay a cheque to me. I have been paying off the debt with the collection agency. I need this money to straighten my spiralling debts and to pay my Mum back. The HMCS money claim online sent the case to wales by mistake, so I am now waiting for it to be sent to cornwall for the next stage. I really am unsure what happens next and how I should carry on...... Please help. I will be more than willing to make a donation to the cause if I finally win this case. I am also trying to get my finances together so I will not fall foul of anything like this in the future. Cheers, Curly Steve

[Russjo]

Hi Curly,

I would say carry on. If you have filed a claim, then you should be in a position to claim the interest and your court costs. Don't let them bully you into taking less than you are entitled to. I know it means more waiting around but it will be worth it. You should also be able to stipulate that the cheque should be sent to you (when they finally make the full settlement of course)

Jo

[Russjo]

Sorry, what I mean by carry on is await the court's instructions. Keep an eye on the transfer of your case from Wales to Cornwall and make sure it gets there in one piece. Then wait for the judge's instructions. Keep posting and reading in the mean time

[curlysteve]

Thanks Russjo, its quite daunting, but comforting to know there's support out there in cyberland....! I've been skint for long enough, a while more wont matter........

[pinkduchess]

hi steve

 

the offer came from HSBC i presume rather than DG solicitors?

 

not sure if they have the right to pay the money straight to the collection agency - somebody else will know

 

if you want to press on & get the whole lot back then you need to do a rejection letter telling them youve now filed your claim with the court.

 

there will be lots of help offered for you here which will hopefully get you someway out of this situation.

 

good luck

[Castlebest]

Hiya steve, try to get what you and HSBC are doing into perspective and ignore the whys and wherefor's.

 

HSBC charged you and took the money from your account, as it happens this was unlawful. This money is your money they should never have taken.

 

HSBC sold their debt (you) to a third party (who are probably HSBC under another name anyway) this was not your choice and HSBC have their money back from this sale.

 

Now... tell me HSBC have a right to give YOUR money to the said third party, they dont, its your money you want it in your back pocket. Stick to your guns and you will get it.

 

pete

[curlysteve]

Thanks again. At the end of the offer letter, it suggests that if I do not respondwithin 10 days, they will take it that i have declined the offer. Do I need to write to them and what do I need to say...? Cheers, Curly

[pinkduchess]

Rejecting Offers

 

 

have a look at these & combine 1 or 2 of them to suit your situation

[lori69red]

Hi,

I would carry on. I claimed for 2566.41p their first offer was for about 1200 which i refused and they said they wouldnt pay any interest. But i received a letter from them this morning (only one week before court hearing) offering me 2823.81 which included statutory interest up until this date!! so now i can only encourage people to go all the way. !

Good Luck

 

P.s I would have spent it too, good way for the bank to make loads of extra cash out of someone, dangle some money in front of you and when you spend it hit you with interst on loans and overdrafts, let alone the impact on your credit rating. I'm suprised they dont do it all the time

 

Suzy

[curlysteve]

Thanks Suzy, Thanks all....! I have sent a letter to the bank declining thier offer and am waiting to hear from Truro court....

Cheers again

Steve:)

[pinkduchess]

keep us updated steve

[curlysteve]

Hi All,

I have just received a 'Standard order for stay for settlement with consent of all the parties'. I'm not sure what this means, but surely HSBC have been given plenty of chances to settle. Why should they get more time..?

The judge orders that the claim is stayed until 06 August 2007 to enable the parties to attempt settlement.

I'm confused.......

 

Anyway, hope you're all well and Thanks again....

[Castlebest]

Hi steve, you need to write to your Judge and apply to have the stay set aside on the basis that you have been writing to DG on a regular basis (nudge letters) and have had absolutly no responce. here's the thread.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

pete

[curlysteve]

Thanks for that Pete, I have had a look and am sorry to say that I am still unsure what to actually write to the judge, and wont this **** him off...?

I'm not too clever with this sort of thing.

Thanks in anticipation

Steve:confused:

[itwozntme]

the judges are getting hacked off with banks. The judge at my court didnt even bother with a Q&A form, and give the banks a few days to settle. They also ASKED D&G to provide any evidance to any case the have succesfully defended, as of today they have failed to do so. On monday I apply for a warrant of execution.

 

I was also offered a settlementm which I have turned down

good luck

[Castlebest]

Steve these directions normaly come with a final paragraph something like if either party object to this they have 7 days to make representations... the set aside is your representation.

 

pete

[curlysteve]

Thanks once again. So should I cut and paste the application for removal onto a letter to the Judge. Also, would I have to leave out the 'in the alternative', because non of these are relevent.

Cheers:)

[curlysteve]

Oh, and how would I know how much the fee is....????

[freakyleaky]

Yes, put the application for removal in a letter to the judge.

Call the court and they will tell you how much the fee is!

[jowalshy]

I found this on the HM court site:-

Applications

 

To apply on notice for judgment to be set aside £65

To apply to vary a judgment or suspend enforcement £35

To make an application on notice £65

To apply for a summons or order for a witness to attend £35

To apply by consent, or without notice, for a judgment or

order.

This does not include requests for judgment on

admission or in default for which no fee is payable£35

[Castlebest]

I dont know if a fee will be applied as the judge has invited your objection but yes phone the court to check

 

 

pete

[curlysteve]

Thank you all once again. I'm struggling to find anymore money. Will it harm my case if I just leave the set aside to run it's course....?

[Castlebest]

you dont have to ask for the stay to be set aside but I think you should write to your judge anyway stating you have been trying to resolve this for x months and have had absolutly no response at all from DG, maybe listing the dates of your nudge letters..

 

pete

[curlysteve]

Thanks Pete, I'll get on to that

Cheers

[curlysteve]

Hi, Now I am even more confused, I sent a letter to the judge asking for the stay to be removed and not heard anything.

I have just read about this test case witht the banks and the OFT. What does this mean in stupid persons langauge, will my case be heard or not.....? and if so, then when...

Much Thanks

Steve:confused: