HSBC made an offer, or not?? What do I do?

[MindyBounce]

Hello

 

HSBC made an offer to my husband which we want to accept. He signed the acceptance form and I sent it recorded delivery. The royal mail website are still saying it hasn't been delivered. I was panicking about the 10 working days HSBC gave him to get the form to them so he rang them. They said that because of the court case at the moment they are having to send out new acceptance forms to everyone and we should get it next week?? They said the amount being offered shouldn't change? Are they fobbing us off or is this true?

 

I really would love some advice or reassurance as we are starting to panic that we won't get the money and it was for quite a lot!!

 

I look forward to hearing from someone.

 

Thanks

[Adara]

I think they are bound to honour their offer. I got this off HSBC website:

 

What if I have already been made an offer?

 

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we be held and recorded by us until there is a final decision in the 'test case'. We will then contact you again as soon as possible to finally resolve your complaint.

[lateralus]

i agree - and a word of advice - that sounds like they are putting together a new acceptance letter for you to sign and i'm betting anything it will be cutting off any further chance you have of claiming against them - as it is your claim and their offer - you accept it if you want to but accept it on your terms - not theirs -

i'm not just worried about confidentiality - that's old news - but i suspect they will include a bit in there about never ever ever claiming against them again - and that would really be shooting yourself in the foot. - when you get the acceptance form - can you print it on here - just take out your personal details and we'll see if you should sign it or use one of ours. i'm trying to protect your interests here, get back with the wording when you receive it.

[lateralus]

just thought i'd point out someone with a similar story:Bank Offer-HELP

[jowalshy]

I have had a look at my old Law books, (had to do business law for the course I did) amd Contract Law clearly states:-

 

"A contract is a legally binding agreement between two or more parties. An agreement is formed when there is an offer, and an acceptance of that offer. For the agreement to be legally binding there must be consideration and intention."

 

How this stands as you are not sure as to whether HSBC have received your acceptance I don't know.

[lateralus]

i've asked a mod to look at these - there are three now

 

KPS_UK v HSBC (1 2 3 4)

[Goldlady]

Acceptance is valid upon posting under contract law.

[lateralus]

since there are three of you - maybe more - i've put a new thread - if you go there to discuss it - with maybe a little background - you'll get a lot of support, i'm sure

 

New Problem With Offers

[Noddy73]

Call up HSBC and request the payment immendiately. If they give you the run around state this

 

"The agreement between OFT, FSA, FOS, BBA and HSBC requires you to honour the payment I accepted. I suggest you read the FSA Direction and FOS statement"

 

"Failure to honour this payment within seven days after the 14 days deadline, will result in me complaining to FOS."

 

"Once the FOS has acknowledged this compliant, I will be forwarding this compliant with a summary letter to BBA, FSA and OFT requesting the Wavier be revoked as HSBC is not honouring it."

 

You can also quote

 

HSBC Important Information of Overdraft Charging

from HSBC UK website

 

What if I have already been made an offer?

 

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we be held and recorded by us until there is a final decision in the 'test case'. We will then contact you again as soon as possible to finally resolve your complaint.

 

FSA Website

FSA grants waiver to firms on complaints handling

 

Consumers who have just been given an offer from the bank/building society

Consumers will have two months to decide whether to accept the bank or building society's offer or to wait for the outcome of the test case. If consumers choose to accept the offer, it is unlikely that they will be able to complain again later regardless of the outcome of the test case. If consumers choose to wait for the outcome of the test case, they will not be able to take up the firm's original offer and the firm will only deal with the complaint once the test case is concluded.

[jg69]

I got a letter today that states

 

By accepting this payment you agree not to make any other claims relating to charges for the period stipulated above. HSBC also reasonably, requires your confirmation that you will treat this payment as confidential

 

Blah Blah Blah

 

Then ends

If you do not accpet our clients proposal before incurring further legal costs, we strongly suggest you obtain legal advice from a qualified practioner. If you do not, and our client is obliged to incur the cost of attending at Court, we reserve the right to adduce this letter, and any enclosed schedule, in evidence that the errors in your claim have been brought to your attention and it is unreasonable that the matter be brought to a hearing.

 

If the Court accepts our representations, it is possible you may be ordered to pay our clients costs

[Audreygreeneyes]

jg I woudl be very tmepted to send a photocopy of that letter to the OFT............... that comes across as intimidation ..........

[livelylad]

If the Court accepts our representations, it is possible you may be ordered to pay our clients costs

 

Its worded cleverly, it says its possible. Its a suggestion rather than a threat. I would personally just ignore this paragraph.