Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default Tom vs. HFC (Beneficial) £???

    So far I'm at the stage of having sent a Subject access requesticon to HFC and still awaiting a response. The deadline is Feb 19th

    Have called them to check that they are dealing with it and they said yes and I got a slightly shirty "we have got forty days you know" response.

    Hopefully keeping a journal in this thread will motivate me to keep on top of it and not let them get away with anything.

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  2. #2
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    Default Re: Tom vs. HFC (Beneficial) £???

    Quote Originally Posted by heavy_t View Post
    So far I'm at the stage of having sent a Subject access requesticon to HFC and still awaiting a response. The deadline is Feb 19th

    Have called them to check that they are dealing with it and they said yes and I got a slightly shirty "we have got forty days you know" response.

    Hopefully keeping a journal in this thread will motivate me to keep on top of it and not let them get away with anything.
    Well done so far keep us posted of any further developments.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Re: Tom vs. HFC (Beneficial) £???

    Well, I finally got the statements a couple of days before the deadline and the claim is for £415.

    First letter has now been sent to them , special delivery.

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  4. #4
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    Default Re: Tom vs. HFC (Beneficial) £???

    Bit of a setback, I've received a standardised fob off saying they're not coughing up. I was rather hoping they might pay straight off the bat with such a small claimicon. :cry:

    lbaicon next I think

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  5. #5
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    Default Re: Tom vs. HFC (Beneficial) £???

    I tried to call James Ball a couple of times but couldn't get hold of him I sent my lbaicon on Friday which makes Monday March 6th my deadline for a response to that one.

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  6. #6
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    Default Re: Tom vs. HFC (Beneficial) £???

    I got an offer of half the money today, so I've gone ahead and filed a small claimicon. £522 now with the interesticon

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  7. #7
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    Default Re: Tom vs. HFC (Beneficial) £???

    I guess this would have been easier if I'd been able to get James Ball on the 'phone but I have sent a letter today rejecting the offer of half the money and advising that I have filed a small claimicon for the full amount plus interesticon and costs

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  8. #8
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    Default Re: Tom vs. HFC (Beneficial) £???

    I have received an acknowledgement of service today from the court saying that the defendant now has 28 days from the date of service (7th March) to file a defenceicon.

    Looking at the form it seems this is just a delaying tactic as they now have more time.

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  9. #9
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    Default Re: Tom vs. HFC (Beneficial) £???

    Hi all.

    I need some advice now. I've received an offer to refund the full (original amount claimed) of £415 which I would have been happy with at the start, but having already filed the court claim I'm not sure what position this puts me in.

    I can accept this but what do I do about the online money claim, which cost £80 to file?

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  10. #10
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    Default Re: Tom vs. HFC (Beneficial) £???

    Quote Originally Posted by heavy_t View Post
    Hi all.

    I need some advice now. I've received an offer to refund the full (original amount claimed) of £415 which I would have been happy with at the start, but having already filed the court claim I'm not sure what position this puts me in.

    I can accept this but what do I do about the online money claim, which cost £80 to file?
    I would ring the person who made the offer, tell them that due to there delaying tactics, you have now paid out £80 for the online claim. If they wish to settle then ask that to be included, or you will continue with your claim. Unless you of course are happy to lose £80 , then take the offer, but I know what i would do


  11. #11
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    Default Re: Tom vs. HFC (Beneficial) £???

    Quote Originally Posted by 100%WHU View Post
    I would ring the person who made the offer, tell them that due to there delaying tactics, you have now paid out £80 for the online claim. If they wish to settle then ask that to be included, or you will continue with your claim. Unless you of course are happy to lose £80 , then take the offer, but I know what i would do
    Thanks. About the £80.... If this was a big claim in the thousands I would be happy to lose it, but it's actually a fair percentage of the claim of £415 so I'm not really willing to say goodbye to it.

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  12. #12
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    Default Re: Tom vs. HFC (Beneficial) £???

    I don't blame you, they could have settled earlier, but they chose to be stubborn, thats not your fault


  13. #13
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    Default Re: Tom vs. HFC (Beneficial) £???

    Ok, here's the plan. I am going to write back to them saying that I accept their offer but only on the condition that they also refund the £80 court costs.

    I will type out a new acceptance form to my own layout and include the court costs.

    I am quite happy for the money to be paid off against my card as I am going to pay it off anyway. Only when the money is definitely back in my hands will I withdraw my court claim.

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  14. #14
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    Default Re: Tom vs. HFC (Beneficial) £???

    James rang me today - nice chap - and said he is happy to refund the £415 plus £80 costs, so I'm happy with that

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  15. #15
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    Default Re: Tom vs. HFC (Beneficial) £???

    Well done! Congrats!!!!!!!!!!


  16. #16
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    Default Re: Tom vs. HFC (Beneficial) £???

    Well done. Who is James? Where is he based? I had a letter from a complaints Manager named Rachel Daramola-Martin. Before I send my lbaicon do you think I should call her or send it first then call her? Questions, questions, questions.



  17. #17
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    Default Re: Tom vs. HFC (Beneficial) £???

    Quote Originally Posted by fire fox View Post
    Well done. Who is James? Where is he based? I had a letter from a complaints Manager named Rachel Daramola-Martin. Before I send my lbaicon do you think I should call her or send it first then call her? Questions, questions, questions.
    He was the guy dealing with my complaint. Considering what a thankless task it must be dealing with all these claims, I think he was very pleasant to to deal with.

    Based on my experience I think you should go ahead and send the LBA. It seems from my case and others I have read that HFC offer half after the LBA. I think with HFC it's worth calling them after you get offered half to see if they will up the offer to 100%, and only go ahead and file the court claim if they're really not budging.

    Bank charges reclaimed:
    £2160 from First Direct.
    £415 + costs from HFC/Beneficial
    £409 + costs + interest from RBS (£544.39)

  18. #18
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    Default Re: Tom vs. HFC (Beneficial) £???

    Thanks, will do.



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