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    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
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HSBC - letter of appropriation- and bank charges action


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Hi everyone!

I have been reading these forums for some time now!

I run my own business and have encountered a 2 month dry patch, which has now thankfully ended. But my bank, HSBC, have turned very unfriendly.

My DDs and SOs have been cancelled and a large chunk of my overdraft now is bank charges.

I hand delivered the bank a letter of appropriation (LOA) on the 17th June 2010. They told me that they didn't have to pay back bank charges, they were fair, and that they had won the court battle last year to prove it. I told the banker that was not quite the truth, and handed him the LOA. He photocopied it and began to explain the charges, adding that '...ifwe didn't charge some kind of penalty to bank accounts like this, then there would be no deterrent.' I warned him not to use the word penalty.

I then posted the same letter to head office a few days later. And they responded with a 'thanks we are looking into it...' letter on 24 June, and then with a longer letter on 1 July, where they proceed to explain that they won the court case last year and that there is nothing wrong with the charges they are adding. "I trust that matters have now been resolved to your satisfaction" they wrote.

I checked my bank account this morning online and discovered that on the 9th July, their charges were taken from my account before my mortgage went out. I paid my mortgage manually the moment money arrived into my account, I was watching it online and the moment it showed the credit of money I transfered from a HSBC business account, I phoned my mortgage company and paid them over the phone. Clearly HSBC do not believe they should reserve any of my income for essentials.

I have also started the process of claiming back my bank charges. I issued a SAR letter on 9 July, and included the £10 cheque from another bank.

Can anyone offer some advise on what to do about the LOA, and the bank's refusal to reserve any income for essential living expenses?

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Unfortunately the banks have a long running tendency of ignoring these letters. I would personally follow it up with a query of why they never acted on it with the threat of a complaint to the appropriate bodies. But that's just my advice, someone else may come along and say somethgn totally different

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Hi dotred , welcome to the forum ........:) and good evening Rayne :D

 

Have a read of this link dotred and see if it helps ..... basically unless you push hard they will ignore you ........especially at branch level , because they don't get any Brownie Points for acknowledging 'hardship' or' 'LOAs '

 

http://www.consumeractiongroup.co.uk/forum/general/262359-letter-appropriation-subsistence-ignored.html#post2961641

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Thanks JohnnyMitch I have sent an email to FOS asking them how to complain to HSBC about this. They have aknowledged my email.

 

I'm looking forward to beginning my claim-back for bank charges, once i receive the SAR back.

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I have now just posted a letter to H-S-B-C reiterating what I told them in the last letter and asking them why they didn't feel they had to respect the law in this matter. So thanks, Rayne for your encouragement to do so! :)

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  • 2 weeks later...

quick update here.

Got a letter back from them changing the rules. They say that I must surely be aware of the format they require a Notice of Appropriation to adhere to. They say they need the exact dates payments are to come in and go out, and that they require one letter per payment before they can action the notice.

The letter then goes on to explain how they won the court case...it's the only song they know.

I have written back to them stating that the court case last year is irrelevant to the Notice of Appropriation. That they have had several opportunities to explain their supposed requirements for making such a notice. And that since they claim that 30% of their core current account business relies on bank charges, that my financial demise is an imperative for the success of their business plan.

I finished the letter stating that I considered my Notice of Appropriation to be complete, legal and currently in effect.

Have I invited problems here?

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