HSBC (merged)

louloujs

vinegarvera wrote: »

I am also with HSBC on exactly the same timescale!
I checked MCOL today and to my dismay after two pitiful offers, they have lodged a defense.
I am claiming just under 2000.00. They don't seem to be treating all customers the same!!
Can they lodge a defense after making two offers as this in itself must surely be seen as an admission of liability??

When you say they have lodged a defence, do you mean they've acknowledged the claim? If they've lodged something other than an acknowledgement you'll get an Allocation Questionnaire to fill out - if you read earlier threads, offers tend to come out a few days before your court date.

And yes, if they're making offers surely they're admitting liability? Ridiculous, but on my offer letters they say they're only making the offer because it will cost them too much to go through the court process. SO WHY DON'T THEY JUST PAY UP STRAIGHT AWAY?!

louloujs

Natalieee - where's your letter? I want tears of joy this time.

Natalieee_2

louloujs wrote: »

Natalieee - where's your letter? I want tears of joy this time.

Apparantly its been sent to me, i should have received it yesterday, today at the latest .. i literally ran when i got off the train today to see if it had arrived but it wasnt there :mad:

If its not here tomorrow im going to start getting VERY VERY mad (haha) .. ill feel sorry for the person who answers the phone to me on monday morning :rotfl:

Hows your claim going hun? are you just waiting for a court date to be set & an offer coming through (touch wood) before that date? x

deanhu

thanks for the replies guys, so does that mean i need to wait 28days from when it was acknowledged?

im getting quite worried now im going through the court process incase i loose and have to pay their over-priced solicitor costs.

Matts_Money

Hi, I have gone through all the letter stages and have now filed through mcol.
Tey sent me a letter telling me that the claim will be deemed served on april 1st. I had a look on mcol just now and it shows as acknowledged already and that they have 28 days to respond. My question is, is that 28 days from acknowledgement or 28 days from when deemed served?
I'm cacking myself now at tha thought of not getting any money.
Am I right in thinking that if it goes to court then I can ask them to prove that it cost them as much as it did?
If so and they wont do it would I win anyway?

TIA

Matt

Taffyfella

Hi Matt,

The answer to your question is as follows:

The time for filing a defence is increased from 14 to 28 days from the date of service of your particulars of claim.

If the defendant files an acknowledgment of service, but then fails to file a defence within the time allowed, you can ask the court to enter 'judgment in default'. This means asking the court to make an order that the defendant pay you the money and costs you are claiming.

Of course, the banks would not want to disclose there true costs in court.

Taff

Matts_Money

so would that be 28 days from april 1st (deemed served), or 28 days from march 29th (acknowledged)
Sorry if i dont get this.
Also is that just days mon-fri or does it include weekends?

Thanks again and also for the quick response

Matt


Also i found something very funny when they wrote to me.
I have only recieved one letter from HSBC up to this stage, dated 14th March

It says thankyou for your letter dated 28th Feb blah blah blah.
In the enclosed leaflet it says that "if we are unable to resolve matters on the spot, we will send you a letter of acknowledgement within five working days to confirm that we are investigating the matters you have raised."

Now correct me if I'm wrong but arent there more than 5 days between 28th Feb and 14th March???

Taffyfella

Matts_Money wrote: »

so would that be 28 days from april 1st (deemed served), or 28 days from march 29th (acknowledged)
Sorry if i dont get this.
Also is that just days mon-fri or does it include weekends?

Thanks again and also for the quick response

Matt


Also i found something very funny when they wrote to me.
I have only recieved one letter from HSBC up to this stage, dated 14th March

It says thankyou for your letter dated 28th Feb blah blah blah.
In the enclosed leaflet it says that "if we are unable to resolve matters on the spot, we will send you a letter of acknowledgement within five working days to confirm that we are investigating the matters you have raised."

Now correct me if I'm wrong but arent there more than 5 days between 28th Feb and 14th March???

28 days from the 1st of April as that was deemed served.

In regards to your letter, you say you wrote to the bank on the 28th Feb and they replied with a letter dated the 14th March stating they will send you an acknowledgement letter within 5 working days. This would mean there reply would have been on the 21st or 22nd March??

Sorry If I have interpreted this wrong;)

bishop_stoke

louloujs wrote: »

Hmmm, this will be interesting - I'm seven days behind you on my claim for £4000 incl interest. How much are you claiming? There doesn't seem to be much consistency with HSBC claims so it's hard to predict what they'll do but it'll be interesting if you get the AQ from the court. Your 28 days is nearly up then?

Just got in from work and checked, as suspected they have left it to the last minute to file a defence with the court. Claiming £2910 including MCOL fee, so we'll see where it goes from here. I assume the AQ will give me a choice of courts so i'll be off to the Southampton small claims court in due course. These thieves have stolen enough from me over the years, so im not giving up now!

lostlollyinnotts

Guys,

Still awaiting a response from HSBC to my claim. Have sent letters and an email, which was replied to stating my claim is being investigated.

Found this on MSN this morning

http://money.uk.msn.com/investing/articles/morecommentary/article.aspx?cp-documentid=4590271

Showing the size of this particular bank in terms of worldwide rankings! This just goes to prove if an organisation this size cannot defend itself in court it has to be in the wrong.

Give me my money back

Good luck everyone :j :j