HSBC (merged threads)

spacey2930

i have already got a letter from my court in Medway. the judge has looked at my case and told the bank to basically either lodge a' proper defence' stating how they get their charge figures or pay up the disputed amount by 31/08/07.

does this mean that the court will honour this ruling? if the HSBC does lodge said proper defence stating how they get their charge figures, then this could prove important to the whole test case.

i doubt they will lodge a proper defence but it does mean that ishould get my money back.

anyone have a similar letter and could this actually be a way forward for people in the system?

foxy1_2

I received a 'goodwill gesture' from Halifax yesterday for £858. (claiming for £2129 inc interest). After much of the night thinking about what i should do i decided to accept 'offer' as part payment and claim rest after the test case. But i was wondering if i can do this if it states in their letter that it will be "full and final settlement" and can i send the reply through e-mail or should it be by letter?
Thanks

i think i have posted in wrong place. SORRY

natweststaffmember

they will not accept anything other than full and final settlement, so if you are going onto the next stage ie court proceedings you can reject it outright or accept it as part payment and sue the bank.

foxy1_2

Thankyou for your reply. This is all so confusing, i have never done anything like this before. Could you advise me of next steps if i decide to sue!

samjocky

Stokey125 wrote: »

If you have already commenced Court proceedings then these will continue. In all other cases offers which have been made will be honoured. If you do not want to accept the offer you are still entitled to commence proceedings.

I am due in Court on 7 Aug 07. HSBC never complied with a Court Order asking them to provide documents to the Court and myself by 11 June 2007. Several emails to good old Kate Eaves at HSBC have been ignored since. I will be submitting these also to the Court. I am going to ring the Court on Monday to find out if this case will still be going ahead. I will let you know their views and the outcome!!!!

tripleblack

Edinburghlass wrote: »

Accept the offer they have given you in part payment only and without prejudice but that you will be continuing your claim through the courts. Make it clear that your acceptance does not entitle the bank to close your case at this stage.

I spoke to HSBC on this and they advised me that if i accepted their offer that would close the case. If i contested the offer which was why i initially made the call (to try and squeeze some more out of them!) then the offer would no longer stand and my claim would freeze until the 'test case' has completed.

Sorry to doubt but what guarantee do you have that the bank will pay the offer out as a part settlement before the outcome of the test case.

Cheers,
TB

Edinburghlass_2

No guarantee and if this is what HSBC have told you then you need to get this in writing just as you need to make sure that all communication to the bank is by writing now.

If you have an offer in writing however, the bank must honour this and pay it out should you chose to accept it.

tripleblack

In which case i think i'm going to except as full settlement as i desperately need to clear my overdraft so as not to incur any future charges. If i except as part settlement they may not pay out until the test case has completed and for the sake of £200 i'm not prepared to wait for however long they try and drag it out for.

Edinburghlass_2

tripleblack wrote: »

In which case i think i'm going to except as full settlement as i desperately need to clear my overdraft so as not to incur any future charges. If i except as part settlement they may not pay out until the test case has completed and for the sake of £200 i'm not prepared to wait for however long they try and drag it out for.

Absolutely, this is your claim and you should do whatever gives you peace of mind.

If they ask you to sign something that says you are accepting in full and final payment of all charges and that you won't claim further, score that bit out before signing.

Loonybin_2

Hi

Firstly, my post was moved yesterday and I have no idea why! But pleeeease help! Have been reclaiming bank charges from HSBC. They have offered me a settlement of roughly half of what I am claiming. Given the OFT decision, and the possibility I may get nothing at all, should I accept this offer?

Many thanks, Loonybin