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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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Hsbc Dg Conning Letter WARNING PLEASE READ


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And that makes FIVE! That we know about to date........ :mad::rolleyes:

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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.

 

 

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wasnt able to post it before but here's what I said to them :)

 

Dear Sirs

 

Castlebest -v- HSBC Bank Plc

Claim No: 7xxxxxxxxxx

 

I am in receipt of your letter date 28th May 2008 referenced JN/SK stating my claim against HSBC bank has been settled. This is not the case.

I have received no contact from your client at all this year in fact the last correspondence I have received from anyone regarding this dispute was a letter dated 28th December 2007 from the HSBC collections department using a Metropolitan Collections letterhead demanding immediate payment of the outstanding balance of my account.

I am sure you are aware of the breaches to the terms of the banking code and the FSA’s guidelines on debt collection that this letter makes while my court case to resolve matters has been stayed pending the outcome of the Commercial Court proceedings between the OFT and the Defendant (and seven others) comprised in Claim No. 2007 Folio 1186 (the test case) and I am also sure you realise the dangers involved with such actions have in relation to your clients credit licence were they to be reported to the relevant controlling bodies.

I confirm the actual situation regarding County Court Claim number 7xxxxxxxxx is exactly as it was following the stay appeal hearing of the xx/xx/xx although the interest is continuing to accrue at the fixed rate of 8% per annum in accordance with section 69 of the county courts act no further progress towards settlement is possible.

I enclose a copy of the current schedule of charges that have been applied to my account in the period between xx/xx/xx and yy/yy/xx which now totals £ xxx.xx.

I also enclose a copy of the schedule of charges from the yy/yy/xx to the present day which includes all of the penalty charges that were deducted from my account up to the end of December 2007 when I believe your client closed my account although I have never had confirmation of this. These charges total £ xxx.xx although if it proves necessary to bring this claim against your client to court I believe the total claim figure will be in the region of an additional £xxx.xx

I am fully aware of the current position of all parties to the test case and I am positive that although the banks are appealing against HH Justice Smiths judgement of the 24th April 2008 this will only prove to be a delay to the eventual outcome and in fact by delaying the inevitable acceptance of the law is in fact paying claimants a dividend of 8% per annum on the value of their claims by virtue of the county courts act section 69 interest.

The total value of the outstanding penalty charge claim and the remaining charges imposed on my account at today’s date would be in the region of £xxxx.xx if the third of my claims against your client were to be taken to court, I also believe the overdrawn value of my account was £ xxx.xx which is entirely made up of penalty charges.

In an effort to resolve matters with your client and enable me to withdraw my current claim against them and not proceed with my third claim I confirm I would need confirmation that the balance of my current account has been set to zero, that any adverse comments made to the credit reference agencies against my name have been removed and I would need to be in receipt of a cheque in the sum of £xxxx.xx.

I further confirm if I do not hear from you within the next 14 days I will consider the above offer has been refused.

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Thanks for posting that pete - it's well up to your usual no-nonsense standard...... :)

 

I'll be interested to see what kind of weasely reply you get to this one:rolleyes:

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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.

 

 

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hi am confused with all this d&g are mcs collections because am paying a bank loan /od with them .i have sent a sar letter to hsbc on the 4 june recorded delivery with cheque for ten pounds what is the next step it getting to much with all this info am reading up

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Hiya peppapig and welcome to the HSBC forum :) don't worry about this thread we are all at court stage and our claims have been stayed. DG solicitors seem to have either got their wires crossed or are trying to fool some of us and we are trying to work out what they are doing :rolleyes:.

 

Just for info DG solicitors and Metropolitan are effectively both HSBC with a different letter head to fool people lol.

 

your doing the right thing by posting and asking :) start your own thread and ask us what you want to know, heres the button.

 

newthread.gif

 

pete

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  • 3 weeks later...

Hi guys, I finally got a reply from DG

 

Dear Sir

 

Yourself -v- HSBC Bank plc

Claim Number: YYYYYYYYY

 

We refer to your letter of 30th May 2008.

 

We advise that due to an administrative error our letter of 28th May 2008 quoted the incorrect claim number. It should have refered to your claim number XXXXXX and not the above claim.

 

For the avoidance of doubt, your above claim has been stayed and the position remains the same as outlined in our letter of 22nd August 2007.

 

Yours faithfully

 

DG

 

This is ironic, but also whoever wrote this has a poor grasp of English. For clarity, as I'm hiding the claim numbers, claim YYYYYY was finished over a year and a half ago, claim XXXXXX is stayed. They say the letter of 28th May 2008 should have refered to claim XXXXXX not the above claim (YYYYYYY).... ok.... Aren't they trying to explain that this was the other way around....

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Was it signed by Jason Newbold by any chance , hasselhoof :rolleyes: ??

 

He seemed to be in the picture at the beginning of this thread - I'm just wondering if it's a one-man effort or are there more of DG's people at it?

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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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Ah.....:) thanks hasselhoof, I'm beginning to see pattern here.........

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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If he's the one making these 'mistakes' over and over again, DG will have some explaining to do, I think :rolleyes:, but we'd have to be sure it's sharp practice.............

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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  • 11 months later...
  • 1 year later...

Hi jana , welcome to the forum :)

 

At least if you do get one of these letters you'll know what to do about it ..... forewarned is forearmed !

 

And if you're stuck just come on here , open your own thread ..and ask

someone will answer , and we're user - friendly .........:D

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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  • 3 years later...
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