Interesting Problem: so near yet so far.......

BethbalGreenGal

Hi all

So I am at the court stage (asking for £757.14 incl. costs) when I realise that HSBC have taken another £255 in chrages during the period of my claim (Nov 06 - Jan 07). So i filled in a N244 form and sent off my additional claim to the court to be added onto this one with the reasoning that I didn't want to waste any more of the courts time with further litigation. Then I get an offer from DG for the £757.14.

I am trying to contact Rachel Tomlinson but she has yet to return my calls. I called Deborah D'aubney and she was just rude, saying I would have tospeak with Rachel. What do I do? I don't want to have to make a second claim and have already sent the docs to the court to add on to this one.

HELP!

Twinkly

You have already added to the claim for the courts purpose so it is in hand as far as that goes.

In the meantime, when the banks make settlement there is generally some condition to doing so which varies from case to case. One scenario is that you could write and advise that your condition of accepting their offer (if this is what you want to do) is that the charges are refunded to date also and calculate and present that figure to them. Put the ball back in their court and save the stress of ringing arrogant rude people

BethbalGreenGal

What a great idea! Yes i will draft a letter and post the reply up here. Thanks!

BethbalGreenGal

Here is my replty which I am sending them with a breakdown of charges:

Dear Ms. Tomlinson

me –v- HSBC Bank Plc Claim Number: ________

Thank you for your letter dated 2nd March 2007, which I received on 7th March 2007.

I understand that HSBC is prepared to make and ex gratia payment of £757.14 in full and final settlement of my claims arising from the charges applied to my account in the period 1 July 2004 to 10 January 2006.

However, as a result of charges being made to my account in the period November 2006 – February 2007 (while I have been attempting to negotiate a settlement with the Defendant), and as a result of interest accruing on the claim, I have already applied to the court for further costs of £255.00 plus interest of £1.69 be added to the original claim against HSBC. In addition to this, the actual amount being claimed at the start of this action, inclusive of costs, was £724.14 and not £757.14 as detailed above.

This takes the total amount being claimed to £994.69 inclusive of interest and costs.

I am willing to accept HSBCs offer of a full and final settlement in this matter, and their terms and conditions of this offer, under the condition that the charges incurred during the claim process (as detailed above) are also taken into account. This would take the final settlement to £994.69.

I enclose a breakdown of the charges for your benefit.

I look forward to a speedy response regarding this matter. Please feel free to contact me by telephone, fax or email as detailed above.

Yours faithfully

this OK?

Twinkly

Looks fine to me except for one thing, If you paid a court fee (those on benefits dont) then include that into your settlement figure also

BethbalGreenGal

Of course - thanks again - wil let you know how it goes.

Twinkly

Best of luck to you