Letter from bank/solicitor during Moneyclaim online process...

loopy_laura

Help!!!

I've filed a claim against HSBC on moneyclaim, which they have acknowledged. The deadline for them to defend is 12th March. Since filing the claim I have had a partial offer from HSBC which I rejected.

This morning I have recieved a letter from a solicitor acting on behalf of HSBC asking for an itemised list of all the charges, which I have already sent to HSBC three times! The final sentence reads "at this juncture we are unable to address your claim without the information sought and which will serve to delay any potential resolution of this matter". I'm completely confused about what to do now???? Surely I want to delay them so that the 12th comes without them defending? I don't see why I should have to send them the list when their clients already have it! I haven't read anywhere else about people being contacted by the Bank's solicitors during the Moneyclaim process so i'm scared!

I would appreciate any help from anyone who knows what i should do.

Thanks!

madmama81

I am not a legal expert, but given that the bank has instructed the solicitor to represent them on their behalf, I don't see why the bank has not given them all the information that they require. However, it may be due to the Data Protection law that they have to request the information from you. Don't let them scare you! Good Luck!

ukmonkey

If it from Debbie D'Aubney / D&G Solicitors, they are part of HSBC anyway, they are the "in-house solicitors".

It's a stalling tactic if you ask me, just a strange one!

Twinkly

Tell them there will be a £10 charge for this information in line with the statutory charge for requests for information under the Data protection Act

You can always apply a delaying tactic of your own and ask why they want this information when it has already been provided to their client. On the offchance that it is a genuine and valid request I would do this sooner rather than later.

Good luck

jamalfatty

I would just send it to them forthwith. The charges you are claiming form the basis of your claim, they are only going to ask for them the once, if you dont supply this to the solicitor I think there would be a very real chance of them having your case thrown out.

Dont stoop to the banks level in delaying things, your case will only be stronger if you do everything requested.

Twinkly

jamalfatty wrote:

if you dont supply this to the solicitor I think there would be a very real chance of them having your case thrown out.

Out of curiosity, what are basing this thinking on ?


loopy_laura In all sensibility and in the spirit of speed being the essence I advise emailing the solicitor, asking why they need the information and in this manner you will have a written response in less time than it takes to write and receive a letter. It is more than efficient than the verbal record of a telephone call which is very often denied as taking place.

If you are unable to email and have to telephone and they answer your query there and then advise that your query will also be sent in writing and you require reply in writing for your records.

jamalfatty

Twinkly wrote:

Out of curiosity, what are basing this thinking on ?

It is only opinion, but the whole basis of the claim is the penalty charges applied to the account. The solicitor who is preparing the defence for the bank has asked for the key information of the claim, i.e. the charges, so I dont think it would look too good in front of a judge if you have refused to supply them.

I appreciate that copies have gone to the bank, but something may have happened to these (or just not simply been passed on) and dont think it is unreasonable for them to ask for one further copy.

As I said before though, only my opinion, if it were me, I would just send them as soon as possible.

Twinkly

Jamalfatty Alrighty then thank you, I was wondering whether this had actually happened since if such a request could not be honoured in time for the court hearing (for whatever reason) whether this would have some legal impact on proceedings. It it wasnt the claimants fault I also wonder how that would be addressed by the court and exactly how much difficulty it would cause the court in making judgement.

Also, if it wasnt the claimants fault and they couldnt be held responsible for events outside of their control, would the claimant win by default since the bank would not have completed their defence ?

Hmmm....

loopy_laura

Thanks for all the replies guys, but i'm still rather stumped! I don't really see why I would want to help them to prepare their defence in time...? With only 8 days to go until the deadline of 12th March, I would have thought they would have sent the letter recorded delivery to ensure that I got it, but they didn't. If I don't reply I don't see how it could impact upon the legal proceedings because they have got no proof that I ever recieved it!

In response to the person above who asked, yes it is D&G solicitors. I didn't realise that was their in-house solicitors so thanks for letting me know.

So what's the main opinion on what I should do? I guess I can either ignore it, reply, or reply and ask why (delay tactics!). Let me know what you think!

Thanks everyone

jamalfatty

loopy_laura wrote:

Thanks for all the replies guys, but i'm still rather stumped! I don't really see why I would want to help them to prepare their defence in time...?

Last I'll say on the subject as i'll sound like a stuck record, but by not helping them, you are delaying getting your payout. they wont just let you win by default as you havent sent this, they will enter a defence and more than likely ask the judge to instruct you to send the information, drawing whole process out longer.

Have a look on the CAG site, lots of similar threads on there.

Bottom line is, if you want paying sooner rather than later, get it sent off.

xpf

Fax the details to them. It'll be sitting there for them to action 1st thing in the morning and with a bit of luck, you'll get a full offer this week.

This is exactly what my friend did, took 2 days for them to receive the offer back, which they accepted via fax. Was in their account 2 days later.