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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. 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. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Need Justice on the pain I went through because of poor service by HSBC


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Hello All,

 

I would request someone's help on how to proceed my case in the court.

 

I have made overseas funds transfer from my HSBC account to one of my Indian friend account on Sep 1st 2016. I have received the confirmation from HSBC about my debits to my address but

the transfer did not happen from their end.

 

I understand there are some processes they have to follow it, but I feel which is not properly streamlined and it’s really putting the customer into frustration. It was an emergency situation that I need to support financially through this fund, but because of the issue and

delay made by HSBC bank, I was pushed into very worst situation.

 

I had come across lots of confusions and lost my reputation around my family and friends in my native place. The beneficiary did not receive my payment for more than a week, wherein I have received the confirmation papers from HSBC about my debits. I thought it’s a problem with beneficiary account and was in confusion. I waited for few more days but the situation was same, beneficiary lost the trust on me which I promised them to help on his emergency. They thought I did not do any transfer and I am just saying. I thought they have received the payment and

they are kidding me.

 

Later the situation went worst with multiple arguments between us. And I was really ****ed off and called HSBC on 8th September and I got to know my payment was kept on hold for some review. And I was completely upset and disappointed because of the bank issue it had created lots of problem in my personnel life.

 

I explained them the situation, also I have questioned them why it was not informed to the customer when they keep their transaction on hold and there was no proper response from

them for my queries. The customer executive promised me someone will call from payments team within

24 hours as this is an emergency transfer. But nobody had called me within 24 hours from the time I called them. I hope they tried to reach me after the timelines that they have promised to me but I couldn’t pick that call. Later no call back from them and emails from them.

 

By this time I have lost my peace and my reputation was already spoiled with my people, as I couldn’t help the emergency

situation; I couldn’t keep up my words and promise, Moreover my relationship bond with the beneficiary was broke because of this. I was completely upset, mentally stressed and hurt.

 

Even after a week later there was no update from bank, I called them again on 13th Sep the situation was

still the same, and they collected some information to proceed with the transfer. I have given all the

information they wanted from me. That time my only intension is to prove the beneficiary that I really tried

helping them. After providing all the information to the bank I requested them to release the funds as quick

as possible.

 

But no luck with that calls as well. I have called the bank again on 16th Sep (not sure on this

date) to check the status and it was told by them the information’s that they collected from me was not

good enough to release the funds, which made me mad. I questioned them then why did they collect those

and when they feel it’s not good enough why can’t they collect the required information, but again no

response. Later I told them to cancel the fund and put the money back into HSBC Advance account which

got credited on 20th September.

 

In between I launched a complaint also in HSBC around 13th Sep and I

got a response for that complaint on 6th October 2016 almost a month later… Meanwhile I have arranged the funds in India through different source by paying the extra excess interest.

 

And for almost a month I was mentally stressed because of the problems I had with the beneficiary as they are very close relation with me. I was fully upset and couldn’t concentrate on work or anything, which could have led me to life damaging event. And to solve these issues I have travelled to India on November by taking leaves.. And I have filed complaint with Ombudsman in November regarding this.

 

After collecting all these information and multiple reviews they have come up with saying 250 GBP can be paid as compensation. But before even filing with Ombudsman, HSBC staff called me and tried to convince me with the compensation of 30GBP, for the situation

that I have been put through because of their mistake.

 

I detailed him because of the bank mistake what all

issues I have faced and moreover I have arranged the fund in my native to help the beneficiary by paying

extra interest money along with the principal fund. Then he tried to convince me by increasing the

compensation by equalising with the extra interest I paid in my native, which is 120 GBP. I did not accept.

 

But Ombudsman

Took almost 9 months to drive and finalised 250 GBP, which is not fair. Here no body has considered because of bank mistake how much it impacted one personnel and professional life which has put them on mental stress, loss of relationship, loss of reputation, more I have spent extra amount on arranging funds in India, I have travelled to India on my own cost, I have used my vacation leaves for this purpose,

 

I feel all the above factors to be considered for compensation. I have spent almost 350 pounds for my air tickets, 242 pounds as extra interest in India, ten days of salary 1000 GBP, so total of 1592 Pounds I have spent for fixing the issue,

 

But the pain I went through for that duration, which damaged my life with loss of reputation, loss in relation, mental stress, all these are to be considered. Please advice on this

Edited by honeybee13
Paras.
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Think you can only really claim any direct costs from HSBC, that you can evidence. Must directly relate to any error by HSBC and the cost must be something you could not avoid.

 

I would suggest to you, that you write down two bits of information for your own purposes.

 

1). A full account of your direct costs that HSBC caused due to HSBC error. Write it down as a list.

 

2) If you were going to issue a court claim against HSBC, what particulars of claim would you submit ? Write a couple of paragraphs explaining why HSBC are responsible for any financial loss you have suffered and then explain the amount of loss ( summary of direct costs)

 

You don't have to accept the Ombudsman decision and can issue a court claim against HSBC. But it would help you, if you took some time to think about what claim you would be making.

We could do with some help from you.

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Thanks so much mate,

 

1). A full account of your direct costs that HSBC caused due to HSBC error. Write it down as a list.

- To solve the issue I have travelled to India, where I spent 350 pounds for my ticket

- Since the fund did not transfer on time it had created lot of problems, and I have arranged money in India with the different source by paying extra interest to principal amount, which is 20K INR, i.e. 242 GBP

- I have opted 10 days of my leaves for this purpose, which I could have encashed in my office - 1000 GBP

 

These are the direct costs involved and spent by me to close the issue.

 

And I want to ask HSBC for compensation for the time and effort that I have spent on this, especially it has screwed by personnel life where I went on mental stress. Thankfully nothing major happened since I have controlled myself, what would have happened I have done something for myself because of break in relationship that it had caused.

Please advice on this

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I understand there are some processes they have to follow it, but I feel which is not properly streamlined and it’s really putting the customer into frustration. It was an emergency situation that I need to support financially through this fund, but because of the issue and delay made by HSBC bank, I was pushed into very worst situation.

 

called HSBC on 8th September and I got to know my payment was kept on hold for some review. And I was completely upset and disappointed because of the bank issue it had created lots of problem in my personnel life.

 

I explained them the situation, also I have questioned them why it was not informed to the customer when they keep their transaction on hold and there was no proper response from

them for my queries.

 

The customer executive promised me someone will call from payments team within

24 hours as this is an emergency transfer. But nobody had called me within 24 hours from the time I called them. I hope they tried to reach me after the timelines that they have promised to me but I couldn’t pick that call. Later no call back from them and emails from them. Even after a week later there was no update from bank, I called them again on 13th Sep the situation was still the same, and they collected some information to proceed with the transfer.

 

I have given all the information they wanted from me. After providing all the information to the bank I requested them to release the funds as quick as possible. But no luck with that calls as well. I have called the bank again on 16th Sep (not sure on this date) to check the status and it was told by them the information’s that they collected from me was not good enough to release the funds, which made me mad.

 

I questioned them then why did they collect those and when they feel it’s not good enough why can’t they collect the required information, but again no response. Later I told them to cancel the fund and put the money back into HSBC Advance account which got credited on 20th September.

 

Moreover I have agreed that international transfer is abided by the Indian regulations, but it's again the same HSBC organisation who is dealing from India not any other vendor. And the foreign transfer is not a rare task, that's one of the major operation that happens in HSBC by taking the transactional charge.

 

For such operations I am surprised that particular department does not have much knowledge to collect the right information that is required to process the transfer. Then it's a over all flaw from HSBC, not on just following the customer also on many other aspects on running their operations.

Edited by honeybee13
Paras.
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Thanks so much mate,

 

1). A full account of your direct costs that HSBC caused due to HSBC error. Write it down as a list.

- To solve the issue I have travelled to India, where I spent 350 pounds for my ticket

- Since the fund did not transfer on time it had created lot of problems, and I have arranged money in India with the different source by paying extra interest to principal amount, which is 20K INR, i.e. 242 GBP

- I have opted 10 days of my leaves for this purpose, which I could have encashed in my office - 1000 GBP

 

These are the direct costs involved and spent by me to close the issue.

 

And I want to ask HSBC for compensation for the time and effort that I have spent on this, especially it has screwed by personnel life where I went on mental stress. Thankfully nothing major happened since I have controlled myself, what would have happened I have done something for myself because of break in relationship that it had caused.

Please advice on this

 

That is not really what i asked for.

 

You need to write out

 

List of expenses you incurred as a direct result of any HSBC error.

 

What legal claim you would be making against HSBC e.g breach of contract/agreement. HSBC agreed to transfer £x within x number of days and they failed to deliver on the agreement. As a consequence of an error which HSBC have admitted, i incurred direct costs to resolve x issues (list the issues) and the costs included ( list the costs e.g flights, loss of income).

 

You need to understand the exact basis of your claim, as at some point you might have to explain it to a Judge. Suggest you therefore spend sometime thinking about your exact claim against HSBC and come back here with some more precise details.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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