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  • Cmal
    Cmal Posts: 1 Newbie
    I was offered £3500 of a £5300 claim two weeks ago from HSBC. I had already started court proceedings prior to this and HSBC had defended the full claim then sent the offer. I wrote back asking for more and saying i felt i had no choice but to continue with court proceedings if they didn't increase to £5,000. I marked it Without Prejudice.

    I called them today having heard nothing for two weeks, asking what the situation was and they said the offer letter had probably been sent in error as there is no way they would have sent it as it was now in the hands of their solicitors!!! They say I have to wait until after the test case is heard if i have any hope of reclaiming any money. They wouldnt even let me accept the original offer of £3500. Is this allowed?

    I am now so angry at their blatant lies that i am closing my account down.

    Has anyone got any tricks up their sleeves at this point as i was really counting on that money.

    Thanks
    Cmal
  • Apologies if this has been covered elsewhere but it doesn't appear 100% clear to me.

    I've made various requests to Lloyds TSB about reclaiming and had reached the stage where I would would have either started court proceedings or contacted the Ombudsman to settle my claim.

    As the majority of my fees are from 5-6 years back I was wondering what is the best method to ensure these fees can still be claimed if the High Court ruling is successful? Is it entirely neccessary shell out £100 for the small claims court or can I just put my case forward to the Ombudsman for free?

    All I want to do is make sure this money isn't discounted once a ruling has been made
  • joshardy
    joshardy Posts: 58 Forumite
    Part of the Furniture Combo Breaker
    Hi all,

    On the 13th of July I submitted my claim through MCOL as suggested on the website and was gutted, as everyone else probably was to hear the news of the test case. On the 27th I received a letter from SCM solicitors saying that they would defend the claim. Yesterday I recieved a letter stating that they were settling in full along with my £80 charge from MCOL with interest. I just hope it does'nt get retracted before they pay up ? Does anyone know if now they have offered, whether they can retract ?

    Thanks
  • On 24th July advised by Barclays Bank that they would refund £1016.65,the total sum I requested Via the Ombudsman.Have been told money will be refunded within 6 weeks,Hope the recent announcement does not affect my money being credited to my account.
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    All offers must be honoured by the banks, please read Martin's article and the new Emergency Guidance notes here...

    http://www.moneysavingexpert.com/reclaim/bank-charges
  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    Briggs80 wrote: »
    Apologies if this has been covered elsewhere but it doesn't appear 100% clear to me.

    I've made various requests to Lloyds TSB about reclaiming and had reached the stage where I would would have either started court proceedings or contacted the Ombudsman to settle my claim.

    As the majority of my fees are from 5-6 years back I was wondering what is the best method to ensure these fees can still be claimed if the High Court ruling is successful? Is it entirely neccessary shell out £100 for the small claims court or can I just put my case forward to the Ombudsman for free?

    All I want to do is make sure this money isn't discounted once a ruling has been made

    You need to put your claim into the court system and pay the court fees, the FO is not taking on claim cases now.
  • Badger_Lady
    Badger_Lady Posts: 6,264 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Here's an interesting one...

    I was due in Court this Friday 3rd August.

    I received a letter from HSBC's solicitor on Monday offering a full settlement. It said "please return this soon so that we can cancel the hearing". I completed the form saying "yes please" and posted it back.

    I've just had a phonecall from the County Court explaining that HSBC's solicitor has applied for a Stay, and would I consent to this?

    I said no, because we were settling out of court, and therefore there should be no case to stay. From the conversation, it seems that the solicitor has not recieved my response and has automatically sent out stay requests to all up-coming cases.

    I then tried to phone the solicitor to discuss the situation and what should be done. I had an answerphone message telling me that they could not recieve telephone calls, and that I should write to them.

    The hearing is in 2 days and no-one has cancelled it. There is no time to send a letter (particularly with current strikes).

    Should I just phone the County Court and tell them it's cancelled, even though HSBC has apparantly not received my acceptance? Or should I accept the stay? Or just allow the hearing to go ahead, wasting the Court's time (it's a 200 mile drive so I'd rather not go)?
    Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |
  • Stokey125
    Stokey125 Posts: 671 Forumite
    joshardy wrote: »
    Hi all,

    On the 13th of July I submitted my claim through MCOL as suggested on the website and was gutted, as everyone else probably was to hear the news of the test case. On the 27th I received a letter from SCM solicitors saying that they would defend the claim. Yesterday I recieved a letter stating that they were settling in full along with my £80 charge from MCOL with interest. I just hope it does'nt get retracted before they pay up ? Does anyone know if now they have offered, whether they can retract ?

    Thanks


    Check MCOL to see if they have acknowkleged your claim. If they have not then enter judgment in default. That way you will have the protection of a judgment in case they do not pay.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • i have written to natwest to reclaim my bank charges, at the beginning of july. I received a letter from them yesterday (01 august)to say that they are looking into my claim and will be in touch within 6-7 weeks as they are being inundated at the moment. Will they still be looking at my claim, or will they place it on hold along with all the others?:confused:
  • herbertn
    herbertn Posts: 40 Forumite
    I have a court date of Sept 18th and have just sent all documentation as requested by the court to the court and the defending bank.

    I never received an allocation questionaire however, is this normal?

    My question is will my case still be heard in Septmeber.

    I suppose unless I hear anything official in writing then the date will stand, but does anyone know what the likely outcome of this will be?
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