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Posts posted by overcharged_consumer

  1. This topic was closed on 03/08/19.

    If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

    If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

    - Consumer Action Group

  2. Yeah but c'mon - the whole point of this is to claim back unlawful charges - not to get away with as much as you can. Sure, if under the CCA they are obliged to send you a copy of your signed contract then fair enough but why are we trying to catch them out.


    I don't mean to offend but does that not make us as bad as them?



  3. Ok , the latest is that I had a reply from Alliance and Leicester today, saying they will provide me with the info and charge me £10 from my account to cover it. (This could be interesting as at presnt I don't have £10 in it! Surely not .... Surely they won't.....- well we will see eh?!!!!)


    Basically it's a go away and die letter. Can I quote a few bits of it and ask for peoples comments? Cheers....



    …The Office of Fair Trading has commented that they consider the level of late payment charges to be unfair: However they were actually referring to late payment fees for credit card payments which are quite distinct from a banks charges on current accounts.:mad:




    …please be assured our charges are reasonable and are competitive with the charges made by other financial organisations.:mad:



    …the OFT have not entered into any discussions with the banking industry regarding currant accounts.:mad:


    Any comments please. Many thanks in advance for all your help. I look forward to hearing from you all on this. :grin:


    Don't worry, it doesn't matter what the OFT were referring to TBH. At the end of the day, the charges are penalties and under contract law, you can't penalise someone for a breach of contract.


    Continue with it. They're only trying to put you off.



  4. I absolutely agree with you regarding charges although feel that cars that are a danger, such as those too near a junction on double yellows, should be towed. This however leaves the policy open to abuse by the council.


    People who park in disabled spaces without a blue badge should be towed and charged an absolute fortune for recovery - it really annoys me when people do that. I'm not disabled and don't posess a blue badge so it doesn't affect me personally when people do it but I think it's arrogant and downright inconsiderate. It's usually people in big smart cars who park there to avoid someone parking too close next to them and opening the door into their car.


    I've got big car, reasonably smart, and I never do it. Why does anyone else need to?



  5. Don't worry - if they close your account, open a new one elsewhere.


    If they have withdrawn their offer, take them to court for the full amount plus interest.


    From your post it sounds like you've just got a card through the door saying you weren't in. If so, how does he know it's HSBC? It might not be.


    Stop worrying - you'll be fine.


    Keep us posted.



  6. Yes, if you had to sign a full and final agreement this will have been in respect of the previous claim - you still have the right to claim for future charges. However, if you do I would strongly recommend that you make sure you have a parachute account set up. They will almost certainly close your account "for commercial reasons" if you make a further claim on the same account. I guess this is understandable because despite their refund of the charges, you're continuing to mis-manage your account (I'm not having a go at you here - I'm stating it from their point of view.


    I'm going to work really hard now to keep my account in order so that I don't incurr any additional charges and can try and build up a good relationship with my bank.



  7. There's an interesting link here which gives some insight into how councils award contracts to bailiffs.


    It's a document from Leeds Council on awarding the contract to bailiffs for collecting overdue Penalty Charge Notices.


    It states that the bailiff firms take on the work for free and make their money from the extra charges to the debtor.


    Note their recommendation which states that the charges to the debtor should be no more than 25% of the debt regardless of how many visits etc. are required!




    I think the 25% refers to the fact that the council based 25% of their decision on the bailiffs cost to the debtor. I could be reading it wrong though.



  8. Quick note, spoke to HSBC today to confirm my letter is being dealt with (and was not lost in branch) and they confirm it is going through the system and should get a reply within 5 working days.


    Sorry Barney, I don't like pointing out typos (and don't usually do it, especially in public) but you appear to have typed days instead of weeks!




    Good luck



  9. Up to you really Jack. You don't have to at this stage and as you've proved, they know what they are anyway. However, if it gets as far as a making a claim, you may need to provide details of the charges then.


    Good luck



  10. LOL, cheers.


    Having said that, I didn't say what the letter said but I'm sure you can draw your own conclusions. Haven't signed yet but will be doing so on Monday morning.


    Sorry for getting all your hopes up. It's just that from reading other posts it seems that three days after a claim is acknowleged a letter is sent on behalf of the bank which arrives the following day. Maybe the solicitor was off on Friday so yours may be slightly later.


    Will keep watching to see how you get on.



  11. So sopsps, GriffinGrumbler, HSBCrusher, overcharged_consumer and gordonhall all in the running. We should have a sweepstake!


    Dudes :cool: , I returned home from work to find a letter on my mat. Not signed it and returned it yet but will be doing so on Monday.


    By my reckoning, if you lot are one day behind me then you should be receiving something similar either tomorrow or on Monday.


    Keeping my fingers crossed for you and I'll be watching anxiously to see when you receive your letters.


    I had really thought that I was going to be made an example of but alas, no, I won't have my day in court.



  12. Ahhh, the good old "we've not received it" excuse.


    Send again, either by recorded or special delivery or by handing in at a branch and obtaining a receipt.


    Thay reckon they've not paid out on a single claim? Right yeah! Although having said that, I don't think any of the claims against them have actually reached court - all have been settled before it has actually been allocated to a court and on a "without any admission of liability" basis so I guess, depending on what context you look at it in, they could be correct.


    Good luck with yours, we'll be watching and waiting to answer any questions.



  13. Do you have telephone banking? You should be able to register on-line for on-line banking using your telephone banking security code.


    Go to www.hsbc.co.uk click online banking and register.


    You'll need your sort code, acc no, date of birth and telephone banking security code. If you don't have a security code you'll have to request it to be set up I think.



    • Confused 1
  14. As you say, they'd probably fall over in court because you've made reasonable offers.


    With regard to bailiffs, I don't know exactly where you stand but I would have thought they'd need to obtain a warrant of execution in order to sieze goods. I would think this involves an application to a court to obtain. Hopefully a mod will be along soon to confirm this.


    As far as ownership of goods goes, I believe the onus is on you (well, your husband) to prove that he doesn't own the goods. As far as I know, if he's unable to prove goods belong to someone else then they can assume otherwise and sieze them.


    I don't know what the situation is with co-habiting. Whether or not goods owned by one partner can be classed as also being owned by another is probably a tricky issue.


    Someone please correct me if I'm wrong.



  15. The warranty is probably provided by the finance company but branded or underwritten by RAC.


    Do you have a link to an online version of the policy book by any chance? If so I'll have a look and see what the warranty is worth.


    Is the £250 an annual premium or does it cover you for more than a year?


    Was there any warranty provided by the seller? If so, how long?



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