HSBC (merged)

tamie2

Whooooooooooohooooooooo I Got My Money Off Hsbc I Got My Letter This Morning After Waiting A Total Of 9 Weeks They Are Going To Pay Me I Asked For £3193.09 And They Have Offered Me £2595 I Am Sooooo Happy Am I This Minute Signingthe Form To Accept It Thanks So Much You Guys For All The Help You Gave Me Without Ur Help I Wudnt Have Ben Able To Do It .
So All You Guys That Have Heard Nothing Be Patient You Will Thanks Xxx Tamie

marilyna

I have been given a court date for the 2nd August, and it states that the hearing should take 30 minutes.

Could someone explain this next bit to me please?

Is this the bundle that I need to send in, before the hearing?

"The judge has ordered that

The claimant do by 4pm on 2nd July 2007 clarify the claim by filing in court and serving on the Defendant the following information:

a) In a schedule under the headings 'date'. 'amount' and 'description' give details of each item in respect of which a refund is sought.

b)copies of any statement or other document relied upon as showing that each and every charge has been made

c) a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise and in particular identifying any breach of the contract on the part of the Claimant giving rise to the charges made.

d) copies of any decided casses and other legal materials to be relied upon.

and if the Claimant fails to comply with this order the Claim will stand struck out without further order.

3. Subject to the Claimant complying with Paragraph 2 the Defendant do by 4pm on the 30th July 2007 clarify the Defence by filing in court and serving on the Defendant the following information;

a) pursuant to what contractual provision each charge identified in paragraph 2 was made.

b) whether such charge is accepted to be a penalty and if not why not.

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss Incurred by the Claimant's actions the facts and matters relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial to show that the charge was fair and reasonable.

e) The statements of any witnesses whose evidence is to be relied upon at the hearing.

f) Copies of any decided cases and other legal materials to be relied upon.

and if the Defendant fails to comply with this order the Defence will stand struck out without further order and judgment be entered for the Claimant for the sum claimed.

4. Any party affected by this order may apply to have it set aside, varied or stayed provided that any such application is made to the Court in writing no more than seven days after the date on which this order was served on that party.

5. The court is of the view that this matter ought to be settled by sensible negotiation or mediation and take into account the failure of either party to follow such a course when dealing with the question of costs.

Thanks

Grae

Jane22 wrote: »

Hi All,

I received my full and final settlement letter last week which i have sent back signed. On the letter it says that the funds will be credited to my account within the next 14 days. Does anyone know how long this is taking? Are they paying out on the 14th day or earlier? I'd be interested to see what timescales you have all had.

They recieved my signed for 30th May - I had my money in my account on Friday 8th June...:T

kellbell_3

charl21 wrote: »

hi i got the same letter from HSBC. how are u doing your claim, on mcol or at your local court?
has hsbc acknowledged your claim, they have 14 days to do so and if they do they then have 28 days to enter a defence , this will all then get transferred to your local court.
i spoke to hsbcs solicitors and they advised to send them a list of all my charges and dates as they dont start looking at claims till they have had these.it will just speed up process a bit.

What phone number did you use.....every number i have tried there is no answer and they are not ringing me back after leaving messages!

gye78

gye78 wrote: »

Have started my claim to recover £3870.41 on 31 March 2007. Recieved standard letter from Con_lin dated 12 April 2007. Was wondering if I should press ahead with follow up letter now or give till end of week?

Have just recieved a letter offering me £2632.03 as a full and final settlement.
The letter is as follows

Thank youfor your letter dated 19 April 2007 requesting a rrefund of your bank charges of £3870.41 passed durng the last 6 years.

In circumstances where youwould like 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 wther 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 apply are set out in our Personal Banking terms and conditions, which you have already recieved. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

We are, however, mindful of the management time and irrecoverable legal costs that may b incurred in relation to such a claim. For those commercial reasons alone and without any admission of liability whatsoever, we are prepared to make a payment to you for the sum of £2,632.03 in full and final settlement of this matter. This represents our offer in rspect of the charges applied up to and including 6 June 2007 and includes accrued charges totaling £50.00.

We are not however prepared to refund certain charges for the following reasons:

Overdraft Interst

Regarding your request to refund overdraft interest on your account, HSBC's interest rates are well publiscised in respect of both formal and informal overdrafts. It s, of course, a conditionon of your borrowing. As such we will not be refunding the interest that has been applied to your debt.

Charges applied more than six years ago

We have noticed that your claim goes back more than six years. We will not consider any claim over six yearsold given that itis time barred under the Limitation Act 1980. Therfore our proposal does not include those charges applied more than six years ago.

Interest

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

If you accept this proposal please sign and return the enclosed acceptance form working days and we will arrang for a reund to be made to you. Please allow fourteen day for your account to be cedited following receipt of your acceptance by ourselves. If we do not recieve your signed acceptance within this timecale, we will take it that you have declined our offer.








I was thinking of accepting the offer as part payment and still pursuing the balance.

An ideas?

naitch1980

HSBC have opted to defend. I have had a form through the post saying that they are changing the court from northampton to my local court. But no other information has come through yet.
Has anyone else got any experience of HSBC trying to play hard ball?

squeaky1

squeaky1 wrote: »

Good morning,


I am new to this forum, and was just wondering if someone could help me.

After filing claim on MCOL, and HSBC putting in a defence, the case was transfered to Boston County Court.

I received the first letter from Boston County Court this morning, dated June 1st 2007.

I am a little confused as to the wording.

IT IS ORDERED THAT
1. This claim be stayed for 28 days from the service of this order for settlement, the Claimant to notify the Court of the current position on expiry of the stay.


I have searched through this thread but not seen anything similar. Could please someone explain to me exactly what this means.

Many thanks in advance.

Can any one advise at all?

Kind regards,
Karl

tracepppp

BANK HSBC
Claiming £9922 (yes cant tell u what a shock that was to me!) :eek:


8 wks were up Friday, with more fobbing off! Anyway after a few phone calls & e mails, stating that this was unnacceptable, & that if i didn't hear anything by today that i would take them to court & i would get interest on top, and i would complain to the FO. After FINALLY getting thru they said that an offer letter has been sent out today So success in part, depends on the offer, I'm not going to go below £8k. If the offer is less, does anyone know if I can "haggle" over the phone?

Thanks Martin and everyone here, cos if i get this it pays off all my debts with some to spare, & I have NEVER been in that position!! :money:

Trace

desperate_lou

tracepppp wrote: »

BANK HSBC
Claiming £9922 (yes cant tell u what a shock that was to me!) :eek:


8 wks were up Friday, with more fobbing off! Anyway after a few phone calls & e mails, stating that this was unnacceptable, & that if i didn't hear anything by today that i would take them to court & i would get interest on top, and i would complain to the FO. After FINALLY getting thru they said that an offer letter has been sent out today So success in part, depends on the offer, I'm not going to go below £8k. If the offer is less, does anyone know if I can "haggle" over the phone?

Thanks Martin and everyone here, cos if i get this it pays off all my debts with some to spare, & I have NEVER been in that position!! :money:

Trace

Congratulations on getting so far,

Yes i would definately phone and haggle, you wont be entitled to interest (if you have added that on in your claim) but from reading back on some of the success stories quite a few people have phoned with a figure in their head and have asked for more, apparently 90% of the claim about is a good amount,

They know that if you take them to court you will get full amount plus all the interest, why must they beat about the bush and stall things when they know in the long run they will pay up. Think they must like making more work for themselves.:rotfl:

good luck:T

let me know tomorrow what offer you get in letter etc.

Im not at this stage yet stil got three weeks til my 8wks is up, so fingers crossed i shall be reporting sooner rather than later

lou x

allroundicon

Hi, I thought I could fill out the allocation questionnaire but I'm stuck! Can anyone help?

My questionnaire is from section A to H.

Part E - Trial or Final Hearing

It asks how long I estimate the trail will take.... I don't know? What do say?

Part F - Proposed Directions

Do I need to include directions, if so does any one know what they are?

Part H - Other informaion

Do I need to attached documentation to the questionnaire? (I either tick yes or no).... do I need to resubmit my statements?

Also, can anyone advise me if I need to write anything in the space for other information I consider will help the judge manage the claim?

Any help will be greatly appreciated...... I need to get this in by 18th June!!
My case is small claims £2220........

Thx