HSBC (merged)

louloujs

rapierman wrote: »

cheers for the advice, i'll try and get some dates from my local court in the meantime. do i just book a court date with them and inform HSBC via a letter or will the court do that for me?

Unfortunately it doesn't work like that! After they have stated their intention to defend your claim you will receive a Notice of Transfer of Proceedings which will move things to your local court. You will then receive a date from the court IF they are one of the many courts that have dispensed with Allocation Questionnaires. If your court is still sending AQs you will need to complete it and send it back with £100 to get your court date.

Tips for completing AQs are here:
http://forums.moneysavingexpert.com/showthread.html?t=400981

So sit back and wait and hopefully not for too long.

gimfunk

Does anyone know how long from Date of acknowledgement to date of court/ settlement? HSBC via DG solicitors have defended the claim. And i am clueless as to the next steps of the process?

Also the court where my claim has been filed is Northampton, and its miles away from my humble dwellings in the North West. And i havent yet recieved any questionaire, or been asked for any info from DG solicitors

subinagui

Hey gimfunk.

I too live in the northwest (lancaster-ish) and got the papers back from Northampton. I dont think its anything to worry about - pretty much where they all go i think?

court dates etc can be found on other threads, but briefly. You fill it in, they allow up to 5 days for the bank to receive it (served), the bank then has two weeks from then to acknowledge it. A further 14 days to defend it and then you're playing the waiting game for the courts - if the bank goes that far. For me, HSBC acknowledged on 16/04 so they have 28 days from then to file a defense...

badfan

just wanted to add my sucess and wish everyone good luck!!

Full details and dates etc have been posted in my post in the sucess stories thread. But to summarise:

Amount Reclaimed: £2116.00 (£2299.91 inc interest)
Amount They Paid: £1798.60

I could not afford the £120 to file an online claim at the moment, so I decided to wait for the 8 week investigations to be carried out.....made just one phone call to see how things were progressing....and 8 weeks to the day a "Without Prejudice" offer letter arrives!!

I hope this gives some hope to a few people who are in a similar situation. GO FOR IT!!!

:money:

shavenlunatic

right, if any of you saw my earlier posts, you will know my dilemma, if not, it will be explained throughout this post.

Requested £1377.85 + £433.63 interest = £1811.48

Just received offer letter, breakdown of which follows:

Offering me £1047.92

In circumstances where you would like us to make a payment from your account that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are set out in our published price list. The circumstances in which the fee will apply are set out in our personal banking terms and conditions, which you have already received. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

Not sure where I stand with some of these charges, I can't ever remember anything about an "agreed fee" for going over my overdraft, and i certainly can never remember ringing the bank and saying "can you let my account go over its overdraft please?".. but regardless, this may have happened, many years have passed and much booze has passed my lips since then

ok, so that part I expect they may be able to battle, but if it DID happen, i expect it was a rare occasion and constitutes to a VERY small ammount of this claim...

next:

Charges applied more than 6 years ago.

We have noticed that your claim goes back more than 6 years. We will not consider any claim over 6 years old given that it is time barred under the Limitation Act 1980. Therefore our proposal does not include those charges applied more than 6 years ago

Now, I'm no mathematicion but as the first charge I claimed for was 16th March 2001, and I sent them my letter on 1st March 2007, I would think that this would be within the 6 year rule, surely? Methinks someone can't add up!!!

We have deducted charges totalling £90.00 from your claim as these have previously been refunded to your account

Fair enough, After I sent the letter I remembered 2 occasions where they had refunded charges, can't argue with that one.

We note that you added "interest" to your request for a refund. We do not accept this is appropriate and therefore our offer of a refund does not include any interest

erm... what? cheeky beggars.



Sorry if this post is long winded, but I could really do with some advice on where to go (I may make a new thread for this tomorrow, but I thought I would discuss in HSBC thread first)

I am not "desperate" for the cash right now, £1000 in the pocket would be handy, but I'm not relying on getting this money this minute... but saying that, its a thousand pound and hard to turn down. I would be willing to take this to court, but its hard to know if its worth it for a few hundred quid.

so I guess I can either:

a) Accept the offer
b) Ring them and try to argue for more, accompanied with threats of court
c) Just bite the bullet and raise it with MCOL

any suggestions?

gimfunk

Well if i were in your posistion, where you dont need the money, i would be tempted to push for a much bigger payout. Others would accept the hassle free offer. Its entirely your choice. Chances are if you push them to the final hurdle you will get most if not all what you claimed.

shavenlunatic

well, i'm tempted to push back with a phone call first. They can't add up years for one thing, they say i can't claim back interest, yet the courts will award this, and the other points listed above.

I think I will call them, push for them to at least pay interest on the offer, if they decline, I think I'll raise it with the small claims courts... aahhrrg, nothings ever simple..:) thousand quid in my hand and still not happy

Foot101

shavenlunatic wrote: »

well, i'm tempted to push back with a phone call first. They can't add up years for one thing, they say i can't claim back interest, yet the courts will award this, and the other points listed above.

I think I will call them, push for them to at least pay interest on the offer, if they decline, I think I'll raise it with the small claims courts... aahhrrg, nothings ever simple..:) thousand quid in my hand and still not happy

When I got on the phone (again) today re my 8 weeks being up last Monday , I advised I am not claiming interest etc but if I proceed with my claim I will.....they pretty much laughed and said it makes no difference who is threatning what , it carries no weight.

I know circumstances of our claims are now different as you just got the offer but just a word of warning that the threatning language.....It might not be the Ace it seems !

Good luck

louloujs

shavenlunatic wrote: »

well, i'm tempted to push back with a phone call first. They can't add up years for one thing, they say i can't claim back interest, yet the courts will award this, and the other points listed above.

I think I will call them, push for them to at least pay interest on the offer, if they decline, I think I'll raise it with the small claims courts... aahhrrg, nothings ever simple..:) thousand quid in my hand and still not happy

Yes, you have got a dilemma. I imagine that the bit about the 6 years is a standard thing in some letters, some bright spark hasn't deleted it off yours. With regard to the interest, it's true that you aren't entitled to it until you actually start court proceeding and it then becomes your legal right to ask for interest on top of your claim. Until then it's a bargaining tool, not that HSBC seem fussed about that...

So you have to look at the net figure and, sorry about the cliche, but go with what is right for you. I decided to hang out for the interest but i'm paying the price. I desperately need that money and one of my court dates is for mid-July. The other one may be even later given that the courts are so pushed with these claims.

So the question is: Do you want the headache and stress and extra costs in going to court and waiting longer for your money, albeit getting it all with interest on top. Or, are you going to forego the £330, get your money in quick and be done with it?

In my opinion I would get on the phone and offer to meet them in the middle perhaps - say take £1200 and call it a day. But the choice, as they say, is yours.

siclu

got my court date 18/06. what do i need to do if it gets that far? i am claiming interest how do i calculate the interest from the time i sent my first letter?