Will_cosworth vs HSBC almost done! help needed!!

[will_cosworth]

Hi there guys, I am almost at the stage of being paid out, I sent my 2nd letter (LBA) with my charges, (total £2658.50). They have written back offering £2100, which Of course I am going to ignore, and I have already send my claim in via the Moneyclaim`website, which with interest and fees comes to £3400.

 

My main problem is that when I started my claim, I sent for all my statements in october. When I sent my initial letter asking for repayment on december the 16th, I included my charges for october and november and december in 2000, which they say they will not consider as they are over 6 years old. I am worried that this may give them an oppertunity to defend in court, should I send them a new set of charges not including theese 3+ the 8% interest they have incurred? or just leave it and accept £100 or so less? Any advice would be appreciated

[Michael Browne]

The 6 years go from when you first contacted the bank regarding unlawful charges. If you sent the template DPA request there is a paragraph in it that specifically mentions this. Send them this:

 

 

Thank you for your letter dated XXth January 2007

 

I first contacted your client regarding their unlawful charges on XX /XX/2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitation Act, due to their continued "concealment" of the fact that their charges are unlawful, or for relief from a "mistake.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth January 2007

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

[lateralus]

ooooh, another nice letter with info i didn't know - i'm learning so much from you michael!

[will_cosworth]

ok then guys, I just got back my adknowledgment of filing from MCOL, D&G soliciters in Birmingham are dealing with it, and they have ticked the " I intend to defend ALL of this claim" box- What should my next steps be?

[Lisa-19]

Send DG a breakdown of your charges - recorded delivery.

 

I believe they now have 28 days to enter a defense.

 

Now you just wait!

 

Good Luck

[will_cosworth]

The same as the charge breakdown I sent with my LBA to HSBC? Do I have to include the daily rate of interest? thanks

[HSBCrusher]

yes:D

[will_cosworth]

sorry that last answer didn't really clarify?

[lateralus]

send dg a breakdown - a list of your charges plus interest plus daily interest plus court fee = total, reference your claim number and say, please find enclosed a copy of my breakdown (with that little equation and you claim number on it) address for dg on pg 2 of your acknowledgment.