Jump to content


  • Tweets

  • Posts

    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Anticipating Action from HSBC


delicarik123
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2501 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hiya all

 

Sorry I am new to this site so hope I am doin this right.

I want to firstly say having browsed around previously before joining i have found the information here extremely helpful.

 

I bank with HSBC and over many years have been charged bank charges which i feel are excessive,

only last month I was charged £225 in one month :eek: and when they took this from my account, it then took me over my overdraft and they began ringing me to ask why i had gone over my limit..

 

 

..i said i wouldn't have done if you hadn't have charged so much.

All I have had from HSBC over the last couple of years is hassle!

 

Just wondered what the procedure is to claim these back and can you still do it as I believe they were holding these until a case was heard?

 

Can anyone advise please?

 

Many Thanks

Link to post
Share on other sites

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

not really sure to be honest. I too have all of my statements for 1 account which I am wading through whilst I wait for my SAR details to arrive, I have 8 accounts to claim for so I SAR 'd the lot! Have you looked at the guide to claiming bank charges? There is also a spreadsheet template to use to work out the charges and interest. I think it's really important to follow the guide, do everything in order so the bank know you're serious.

Link to post
Share on other sites

Hi delicarik :)

 

A second Welcome to the Consumer Action Group !!

 

Yes, these charges are unfair and you can claim them back. Having said that, Bank Charges are subject to an appeal in the house of lords at the moment. There is a lot of information on the site about this.

 

You need to send a SAR so you have all the information HSBC have on you, you need to know what unauthorized interest they have charged you, because you should be able to reclaim that too.

 

There's a few links in my Sig. to get you started and I dare say the HSBC experts will be along soon. As Nunny has said read all you can, it will all help down the line !!

 

Hope this helps,

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Many thanks Lex, and thanks for the welcome.

 

i am trying to look through it all and understand it. I have filled out the form for all the charges i have incurred, not so bothered about the interest they have overcharged to be honest.

 

Does anyone know how long this appeal thing is going to take? and if i send in my request for my charges back will it still go back to 2003 if the appeal is not imminently going to have a decision?

hope i made sense! lol

 

Many thanks x

Link to post
Share on other sites

Hi Again, :)

 

i am trying to look through it all and understand it. I have filled out the form for all the charges i have incurred, not so bothered about the interest they have overcharged to be honest
.

 

If your going back to 2003 do you realize that the overdraft interest inflicted on the 'Unfair Charges' may well be more than the charges themselves !! :eek: This is your money !!

 

You can go back at least 6 years from the time you were aware the charges where 'unfair'

 

Re. The Test Case. We expect a answer this month, there's still a way to go before the banks keel over. You do need to get your case in front of the courts asap. So, SAR. Prelim letter asking for it back. Letter before Action, put them under warning. Then you file form N1 at court.

 

I think you really do need to send a SAR, and lets see if it turns up anything else you don't know about.

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

In fact, if you can get the information out of them, you can go back to 1995. Another good reason to send them a full SAR, dont give them any dates, just ask for everything they hold on you !!

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thanks for that, although I have statements online goin back to 2001. as i have gone further back the charges got less and less anyway so i think i will go for the ones i have because as i have used the simple spreadsheet I have calculated over 4k of charges and with the interest its over 5k. i will be more than happy with this.

 

So if i use the letter requesting repayment and send them the spreadsheet this is ok? i havent missed anything have i?

 

Thanks x

Link to post
Share on other sites

Hi delicarik, I know its maybe a duanting to even start thinking about making a claim but the more I read around these forums and see the situations people find themselves in I think that most problems actually have started from bank charges.

Please please please do be bothered about the interest they have charged - the banks have used this money to make profit, not just the amount they have unfairly taken from you but to re-invest.

Link to post
Share on other sites

Thanks for that, although I have statements online goin back to 2001. as i have gone further back the charges got less and less anyway so i think i will go for the ones i have because as i have used the simple spreadsheet I have calculated over 4k of charges and with the interest its over 5k. i will be more than happy with this.

 

So if i use the letter requesting repayment and send them the spreadsheet this is ok? i havent missed anything have i?

 

Thanks x

 

Your on the right track :)

 

Although I begrudge letting them off with a penny :rolleyes:

 

When you send in your request for payment and your LBA, you don't show the interest on the speadsheet. Thats comes when you file at court.

 

Well done so far !!

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Yes, in the first instance, your asking for your charges only. We put the interest on when we get to the N1 stage.

 

Your certainly not being thick, remember the only daft question is the one you don't ask !! :D

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

If you are loosing your deposits due to charges then stop putting deposits in the HSBC account - OPEN a Parachute Account with somebody else & have you deposits paid into there, HSBC crooks cannot then touch them, are you receiving benifits in the deposits to HSBC, if so they are not allowed to use a proportion of benifit as they go to priority debts, sure somebody else will be along to clarify if I am right?????

:mad2::-x:jaw::sad:
Link to post
Share on other sites

Yes, in the first instance, your asking for your charges only. We put the interest on when we get to the N1 stage.

 

Your certainly not being thick, remember the only daft question is the one you don't ask !! :D

 

Lex

 

 

As far as charges go ADD interest charges i. 18+ % or what they are charging you on your statement onto the initial spreedsheet, then if you go the Court Route you charge a further 8% as statute rate on top.???

:mad2::-x:jaw::sad:
Link to post
Share on other sites

thanks

 

I have decided to ask them for all the info they have on me ... if i am going to claim, may as well do the lot ! :D

so once they send me all the info i will be able to try and work out exactly what interest they have also charged me...i hope lol

 

I wonder if on my statements it will show me what the charges are for, as on the ones online it just says charges/total charges but does not specify...

thing i find funny, they chase you for £7 overdrawn, yet if they had not taken so much off me for charges then i would not be overdrawn at all!

 

I have a fall back with accounts as my husband has his own, however he is also going to try and claim back from them.

 

i have had defaults etc in the past, hope i can open another account somewhere.....

 

Thanks for all your help so far x

Link to post
Share on other sites

are you receiving benifits in the deposits to HSBC, if so they are not allowed to use a proportion of benifit as they go to priority debts, sure somebody else will be along to clarify if I am right?????

 

I too have also heard this in the past, and i know for sure that they have taken money from it, luckily it is only tax credits and very little of them....

Link to post
Share on other sites

I have decided to ask them for all the info they have on me ... if i am going to claim, may as well do the lot ! :grin:

You go girl - so pleased to hear that

so once they send me all the info i will be able to try and work out exactly what interest they have also charged me...i hope lol

Loads of help here - my bank statements show the interest

 

I wonder if on my statements it will show me what the charges are for, as on the ones online it just says charges/total charges but does not specify...

my bank statements show "unauth'd borr. fee" and "unpaid item" so easy peasy

 

thing i find funny, they chase you for £7 overdrawn, yet if they had not taken so much off me for charges then i would not be overdrawn at all!

That's 1 of the main arguments!

I have a fall back with accounts as my husband has his own, however he is also going to try and claim back from them.

yay!

 

i have had defaults etc in the past, hope i can open another account somewhere.....

No problem, I have opened a credit only account with another bank. Tis the only account I use now

 

Thanks for all your help so far x

:D

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifAre you letting your bank keep your money Are you giving away thousands of pounds??

 

Many people aren't claiming all of the money they are entitled to when they make their bank charges claims.

 

You have been forced to pay unfair bank charges.

Have you forgotten that your bank has charged you inteest on those charges?

If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you.

Yet you are paying interest to the bank - on your own money!!! - a nice little earner for your bank.

 

Follow this link to see the discussions on this.

You might even double the size of your claim.

forumbox_right_tile.gifforumbox_bottom_left.gifforumbox_bottom_tile.gifforumbox_bottom_right.gif

Link to post
Share on other sites

As far as charges go ADD interest charges i. 18+ % or what they are charging you on your statement onto the initial spreedsheet, then if you go the Court Route you charge a further 8% as statute rate on top.???

 

Correct Mike,

 

The spread sheet to send with a prelim letter should show All charges and the interest you have been charged. We then add at the court stage 8% interest on all of it !!

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thanks again for replies.

Next question lol can you claim for charges from credit cards? just i see major banks on here but not credit card companies.

 

Can i also just say that, should I be successful with anything I claim, I will be sure to donate on here, as I think it is the best thing I have ever joined up to, and without this help I wouldn't even know where to begin :)

Link to post
Share on other sites

Indeed you can go after your credit cards and whats more, they are not part of the test case !!!

 

You will find a list of CC claims here :-

 

Other Institutions - The Consumer Forums

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Thats right Deli,

 

Special Delivery for all paperwork. Don't forget to enclose your £10 cheque or postal order, you may get this back as a GOGW.

 

Please do get after those Credit Cards, you serial litigant you...:grin:

 

Lex

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

:D

 

I am going to look into the credit cards too, I have already asked them for all the information they hold on me, send them off at weekend, just a bit worried now as I didn't send them ones recorded. Nevermind, should I not received replies i shall send them recorded...

 

Letter to HSBC going recorded today :)

 

i have started now...there is no stopping me :D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...