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HSBC (merged)

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  • louloujs
    louloujs Posts: 285 Forumite
    Hi everyone,

    I just put in a claim on MCOL for £570+int and court fees... just a bit confused as to what happens once the claim has been accepted...

    Does the bank have 14 days to put in a defence or is it now 28 days??

    I know before it was 14 days then if they don't acknowledge it you win by default... is it still possible to win by default after 14 days or do they have 28 days to acknowledge it then another 14 days to file a defence (totalting 42 days)...... if that makes any sence :confused:

    Also I am due to move house in the near future... does it complicate the matter if my address changes while the claim is still active??

    Thanks in advance...

    Laura

    Laura

    The bank has 14 days from the date of service (about 5 days after you file online) to respond. If they acknowledge service within 14 days they automatically get another 14 days (total 28 days) to file their defence. You will receive correspondence from the court to keep you up to speed. HSBC will probably file an acknowledgement before the 14 days are up...
    Lou
  • Natalieee_2
    Natalieee_2 Posts: 151 Forumite
    louloujs wrote: »
    Nataliee - WHERE IS THAT LETTER? if it's not here today, don't you feel like ringing again? I couldn't stop myself if it was me.

    p.s. i have my tissue ready.

    Hiya Lou!!

    OMG I Know!!!! They are really getting on my nerves now, i rang them yesterday & actually spoke to the lad who told me my offer had been sent a week ago..

    I just said i was struggling to understand how it takes THAT LONG for my letter to arrive when everything is sent 1st class `so they say`, He asked who told me my letter had been sent (obviously not expecting me to reel of 4 peoples names and extension numbers) and then put me on hold for ages,

    Eventually he came back and said he would re-send the offer letter that day and would i like to know how much the offer was for..

    That makes me think that, infact, they only sent my letter last night, as previosly they were `unable` to tell me what the offer was ..

    Anyway my claim was for £790.13 (inc. interest) and they have offered £519.35

    I had two refunds amounting to £100 which i claimed for anyway just incase they didnt notice, and they have refused the interest. Once you take off that, they have offered me 85% of my claim so i think im just going to accept it!!

    Any news on yours? xx
  • eyeball0001
    eyeball0001 Posts: 138 Forumite
    Are you still pre-mcol, Natileee?

    Are you just trying to settle without going that route?
    A&L - 1st letter requesting money sent 22/03
    - Standard Reply
    - 2nd letter requesting money sent
    02/04

    - Standard Reply
    - 23/04/07 MCOL claim started
    - 27/04/07 - Offer received & rejected
    - 28/04/07 - Letter fromA&L Solicitors stating intention to defend

    HSBC - 1st letter requesting money sent 07/03
    - Standard Reply

    - 2nd letter requesting money sent 21/03
    - 01/05 Received Offer for good amount
  • I have already started the process ie calculated charges and sent them off with the letter, and have had a reply saying that someone is investigating.

    I called them to ask how long this would take as there is no clue in the letter tonly to be told that FSA give them 8 weeks from the 24th March

    question is do i stick to my timetable and send the LBA or agree to theirs?

    Anyone with any experience of this?
  • eyeball0001
    eyeball0001 Posts: 138 Forumite
    I am putting off the MCOl so far, Mark. I sent the LBA almost 14 days ago and since then I have called and sent two emails to the customer services team. My last email was roughly along the lines of "14 days is nearly up, I will call you on thursday morning and if i haven't received an offer to settle (as i did a without prejudice bit in my letters to give them an option) then i will proceed to court"

    Stick top your own timetable really i guess.. but i'm giving them a chance...or two cos i'm not in a great position to be paying £120
    A&L - 1st letter requesting money sent 22/03
    - Standard Reply
    - 2nd letter requesting money sent
    02/04

    - Standard Reply
    - 23/04/07 MCOL claim started
    - 27/04/07 - Offer received & rejected
    - 28/04/07 - Letter fromA&L Solicitors stating intention to defend

    HSBC - 1st letter requesting money sent 07/03
    - Standard Reply

    - 2nd letter requesting money sent 21/03
    - 01/05 Received Offer for good amount
  • louloujs
    louloujs Posts: 285 Forumite
    Natalieee - Thank God! Yes, you have to take off the interest unless you're going down the court route so I would be accepting their offer too. You've done well to have been patient - i think in a lot of ways it's better to wait for HSBC to respond in the 8 weeks they say because this is how long i'm probably going to have to wait by going through the court, although i will get the interest and my costs back which i'm desperate for.

    I've heard nothing yet on my claim - they've got until this time next week to defend but having read this thread, i think they will and i'll get an AQ thing to fill in and have to wait another few weeks. It's just dragging on and i've got so many bills to pay...

    Good for you though, you'll have to put your post on the Success Stories thread when you get the money in your account. Really pleased for you, i know this has been really stressful - i'll never forget your telephone sobs (i doubt the people at HSBC will either!)
    Lou
  • louloujs
    louloujs Posts: 285 Forumite
    madmike wrote: »
    I have already started the process ie calculated charges and sent them off with the letter, and have had a reply saying that someone is investigating.

    I called them to ask how long this would take as there is no clue in the letter tonly to be told that FSA give them 8 weeks from the 24th March

    question is do i stick to my timetable and send the LBA or agree to theirs?

    Anyone with any experience of this?

    Standard procedure i'm afraid. Read Nataliee's story and wait for the 8 weeks as you will get an offer or keep going with your own letters. Personally i'd get the LBA off on time and then make a decision. I'm going through the court route and waiting for them to defend. The choice is yours...
    Lou
  • xoxlauraxox
    xoxlauraxox Posts: 3,795 Forumite
    madmike wrote: »
    I have already started the process ie calculated charges and sent them off with the letter, and have had a reply saying that someone is investigating.

    I called them to ask how long this would take as there is no clue in the letter tonly to be told that FSA give them 8 weeks from the 24th March

    question is do i stick to my timetable and send the LBA or agree to theirs?

    Anyone with any experience of this?

    I got this too... stick to your deadlines and send the next letter as soon as their 14 days are up. they are just trying to put things off
    Thanks to everyone that posts :T:money:
  • xoxlauraxox
    xoxlauraxox Posts: 3,795 Forumite
    louloujs wrote: »
    Laura

    The bank has 14 days from the date of service (about 5 days after you file online) to respond. If they acknowledge service within 14 days they automatically get another 14 days (total 28 days) to file their defence. You will receive correspondence from the court to keep you up to speed. HSBC will probably file an acknowledgement before the 14 days are up...


    Thanks Lou :cool2:
    Thanks to everyone that posts :T:money:
  • vinegarvera
    vinegarvera Posts: 35 Forumite
    Part of the Furniture Combo Breaker
    louloujs wrote: »
    V - According to several posts on this threads about AQs, HSBC are tending to settle a few days before the court date which could take up to 28 days or so from the court receiving your AQ.

    You have such a worthwhile reason for pursuing this, July is a few months away so you've got every reason to feel positive about planning to put your settlement towards a really amazing trip. All the best.

    :money: Thanks so much Louloujs I shall let you know how it goes!!
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