HSBC (merged)

Alan_the_thicko

HSBC have offered to pay up. Not quite good news. The offer is not the full amount we were after-not including interest!
Court proceedings are in place for 2 accounts including interest.
Please (anyone) advise whether we should take it, or hold our ground.

charl21

kellbell wrote: »

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!

hi, ive used two numbers the first one i didnt get a called back but with the 2nd no. after leaving my 2nd message at about 9am i got a call back straight away. herse the two numbers ive got hope u get through
0121 4552701
0121 4552660

doo7375

I know how bad this sounds - but I'm petrified of going to court. Do I have an option of removing my claim?


Gone as far as waiting for HSBC to defend their claim - can I get away with simply losing my registration fee?

p.s. I know how gutless this sounds!

charl21

Newbie MoneySaver



Join Date: Feb 2007
Post Count: 12
Thanked 0 Times in 0 Posts im getting worried

---

hello hope someone can help me.
ive had my notice of transfer of proceedings through the post today and im not sure what to do next. the letter doesnt actually tell me to do anything, do i have to wait to hear from my local court?

also i would love a bit of reassurance im so nervous after reading hsbcs defence. it states that:
1.the claimants account is covered by terms & conditions
2.pursuant to the defendants terms & conditions the defendant is entitled to make a charge for its services as set out in defendants pricelist including overdraft review fee for considering whether to provide and providing an overdraft.
3.the defendant denies that the charges applied to the claimants account amount to penalties at common law and unfair terms in regualtion 1999
4.the charges applied to defendants account are resonable and represent the contractually agreed price for the services provided and the UTCCRS arent applicable to them further the charges are not default charges and accordingly cannnot amount to a penalty.

im really worried about statement no.4 my charges were total charges applied at the end of each month for going overdrawn. i can claim these cant i????
i also had one called charge. could someone let me know???

Stephen_Leak

Whilst taking a bank to court is not something to be entered into lightly, you have a right to justice.

There is always a very good chance that the bank won't actually bother to defend the claim and it goes all the way to a last minute payment (Mine did, and I was actually a bit disappointed that I didn't get my "day in court"!) or a judgement by default. Even if they do put in a defence, they usually make a last minute payment just to be awkward.

If it really is that bad, our friends over on the Consumer Action Group have something called the "Court Buddy" scheme.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

Twinkly

This post (very useful tonight as it happens) shows what happened in court in a claim against against Barclays and is very reassuring about the process.
Top thanks to OP showmethemoney! for her post.
Click Me To See What May Happen In Court

Dont worry, tisnt worth the stress and you will more than likely get an offer before then anyway. Best of luck

shelley24

Charl,

That is HSBC's standard defence, mine is exactly the same, i needed reasurrance when i had mine through aswell. Im still waiting for instructions from the court and i received my notice of transfer on May 18th.

I really wouldnt worry, just sit and wait until you hear from the court or DG Solicitors, you could send a nudge letter to DG requesting settlement.

doo7375

Twinkly wrote: »

This post (very useful tonight as it happens) shows what happened in court in a claim against against Barclays and is very reassuring about the process.
Top thanks to OP showmethemoney! for her post.
Click Me To See What May Happen In Court

Dont worry, tisnt worth the stress and you will more than likely get an offer before then anyway. Best of luck

You're right this is really helpful - thank you Twinkly!

Stephen_Leak

Alan_the_thicko wrote: »

HSBC have offered to pay up. Not quite good news. The offer is not the full amount we were after-not including interest!
Court proceedings are in place for 2 accounts including interest.
Please (anyone) advise whether we should take it, or hold our ground.

Without any amounts to see how the offer stacks up in either cash or percentage terms, its impossible to say much. In any event, the decision is up to the claimant.

You aren’t legally entitled to the 8% per year statutory interest on the charges unless it is awarded by a judge, but it can be used as a bargaining chip.

However, I regard part offers or payments for anything less than the full amount of the charges as an attempt to take some of those charges from you for a second time!

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

Edinburghlass_2

Alan_the_thicko wrote: »

HSBC have offered to pay up. Not quite good news. The offer is not the full amount we were after-not including interest!
Court proceedings are in place for 2 accounts including interest.
Please (anyone) advise whether we should take it, or hold our ground.

If the offer is for your full claim but without the interest you must accept it or you would then have to have a good reason for turning down their offer if you then take it to court. As HSBC will negotiate, you would be advised to try phoning them.