light at the end of the tunnel

[clayman]

Hi all
Just to let you know HSBC have made me an offer of 19k ,which i have turned down, this is about half what they owe me on this account .I am waiting for an improved offer
Clayman

[Amy]

Re: light at the end of the tunnel

Wow, that is a nice amount.

[natweststaffmember]

Re: light at the end of the tunnel

Hi all
Just to let you know HSBC have made me an offer of 19k ,which i have turned down, this is about half what they owe me on this account .I am waiting for an improved offer
Clayman

Can I ask what it was for and why you turned it down?
Was it a bank charges case?

[enaid]

Re: light at the end of the tunnel

Well done Clayman so far and good luck with the other half.
Enaid x

[Amethyst]

Re: light at the end of the tunnel

Other thread. hsbc sending baliffs - Legal Beagles


Does the £19k correlate to the claim against you?

59k in charges OUCH btw lol

I would accept the 19k tho as an interim payment and keep fighting for the rest.

Also was this offer through the FOS or direct from HSBC ?

[clayman]

Re: light at the end of the tunnel

hi all
yes this a bank charges case,and that does correlate against the loan i had with the bank,so in real terms their not offering me a lot ,thats why I turned it downand the offer was through the FOS ,who I must say have been really helpful

[natweststaffmember]

Re: light at the end of the tunnel

hi all
yes this a bank charges case,and that does correlate against the loan i had with the bank,so in real terms their not offering me a lot ,thats why I turned it downand the offer was through the FOS ,who I must say have been really helpful

Are you aware that any offers made by the bank cannot be in Full and Final Settlement of the claim?
Would 19k clear any arrears that you have?

[clayman]

Re: light at the end of the tunnel

Hi Nattie
No I didnt know that,I want to clear the loan and have some money to restock my business
thanks clayman

[Amethyst]

Re: light at the end of the tunnel

I;d take the 19k now as an interim payment, its not in full and final - use it to lose the loan then keep fighting for more to help with the business.

If you turn it down you would risk getting nothing now and having to wait till the end of the test case. You can say you'll accept and give reasons why you need more - would have to be for arrears etc, and to be honest, HSBC are really hard to get anything out of so to get £19k back is really an acheivement.

[Tools]

Re: light at the end of the tunnel

Is this a business account or a personal account?

[clayman]

Re: light at the end of the tunnel

hi tools
that account is a business account

[Tools]

Re: light at the end of the tunnel

In that case as Amethyst says, take the money as an interim payment and then pursue them for the remainder.

[ROBSTER]

Re: light at the end of the tunnel

Are you aware that any offers made by the bank cannot be in Full and Final Settlement of the claim?
Would 19k clear any arrears that you have?

Does that apply to business accounts?

[Amethyst]

Re: light at the end of the tunnel

nope.

Its a difficult one. Keep fighting for the rest of the business charges and risk coming out with nothing, or take the £19k now and write off the £40k to experience.

Business Claims are very difficult at the moment, if you could get agreement to have the 19k as partial settlement and reserve the right to future action after issues are cleared up through the test case (basically arguing there is a read over to business claims and as such should be held till things are sorted out - although this then squarely sticks you in the middle of the not capable of being penalties judgment).....possibly as a tomlin order agreement.

I just think its a bad time to be in the midst of a business claim and things need to be held up for some clarity on the position without disadvantaging the claimants.

[clayman]

Re: light at the end of the tunnel

hi Amethyst
Just read your reply thanks really helpful ,i have just got off the phone with the FOS ,who have said something very similar,HSBC have declined to increase the offer at the moment but have asked me in what way do i see their charges as unlaw, the FOS have given me as much time as i need to form a reply,could you or anyone else help?.The FOS also said that they are leaning towards the banks on business acconts
thanks clayman