HSBC wants to settle for just charges after paid Court fees myself

javerfa

They had plenty of time to contact me with the offer for the charges and I would have perhaps accepted, yet they only contact me now after I already paid Court Fees and they threaten that they'll go to the Ombudsman, can they do so after I already filed my case on MoneyClaim?

Now I intend to go all the way unlesss they pay me interests and whatever fees i paid to MoneyClaim, any chance of this happening?

James

Stephen_Leak

javerfa wrote: »

They had plenty of time to contact me with the offer for the charges and I would have perhaps accepted, yet they only contact me now after I already paid Court Fees and they threaten that they'll go to the Ombudsman, can they do so after I already filed my case on MoneyClaim?

Now I intend to go all the way unlesss they pay me interests and whatever fees i paid to MoneyClaim, any chance of this happening?

James

Who made the offer? HSBC or their solicitors? If its HSBC, they may not realise that its got to a court claim. Contact them. If you don't, a judge may not look too favourably on a claim for just the court charges and interest. You are not legally entitled to the interest unless it is awarded by a judge.

javerfa

Hi there, thanks for your quick response.
It could actually be, now that you say, that they didn't know about it already having escalated. It didn't look that way to me, because I filed my case with MoneyClaim about ten days ago already and they only answered now, well beyond the 15 days dateline they had given by me in my previous letter one month and a half ago.

That's the letter I'm about to send them, any suggestions?

Thanks,

James

"Dear Sir,ffice:office" /><O:p></O:p>
<O:p> </O:p>
Also without any prejudice whatsoever,<O:p></O:p>
<O:p> </O:p>
This letter is a response to a letter with reference: <O:p> </O:p>
Your reference:
My reference: <O:p> </O:p>
I refer to default charges applied to my account amounting to £ 124 plus statutory interest which I have requested you pay back on several occasions. <O:p></O:p>
I wrote to you on 16 April 2007 and on and on the 11<SUP>th</SUP> of May, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response within the time I allotted, I have to inform you I have already claimed the full amount together with interest up to the date of judgment and court fees in the proceedings through the county court, fees which I already have paid by the way.<O:p></O:p>
You see, you had plenty of time to make me the offer you now make, and perhaps, had you done it then I would have accepted. Just perhaps, but now is too late, as I already incurred in extra charges that I want fully reimbursed plus all the interest (why you shouldn’t think appropriate that I claim also the interest when no one understands better than you the purpose of it) and I totally believe I will. It’s no longer a question of taking it one step further. I have already done that and now I only need to let it run its course. <O:p></O:p>
My faith is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour. Of course I would only consider an offer that equals at least that amount. Don’t bother otherwise.<O:p></O:p>
<O:p></O:p>
Yours faithfully,"<O:p></O:p>
<O:p> </O:p>

Twinkly

Javerra your letter is meandering and has a personal touch that the banks wont particularly care for. Consider the member of staff that has to read and deal with it. Manners cost nothing and you can be polite and to the point.

I would suggest something shorter and to keep the letter to the facts.

Their offer is predated by your court claim. You are entitled to continue with your court claim for the full amount and costs. You are entitled to claim interest although I must point out (before anyone else does) that you are not automatically entitled to interest and it is awarded at the discretion of the judge on judgement in your favour. You are entitled to reject their offer. You are entitled to offer them a settlement figure that you will be happy with and withdraw your claim before a hearing date is set.

It neednt be any more detailed than that, frankly.

Good luck

javerfa

i appreciate the excellent piece of advice, i'll bear it mind
thanks:T