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overcharged_consumer

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Everything posted by overcharged_consumer

  1. Nah, not that long. If you follow the timetable then it shoudn't really take longer than six weeks although we seem to be seeing a few people receiving offers from their first letter recently. OC
  2. Hi Becks, Yes you can. If they've applied penalty charges you can claim them back but you really really need to read the FAQ's first and then read other threads to familiarise yourself with the process. It's really simple as much of the hard work has been done for you bt you need to know what you're doing beforehand. Good luck OC
  3. Cheers Mr Skull, I'm well read in your case - it kept me fascinated and amused for weeks watching your updates. Some of your responses were sheer class. OC
  4. Hi Dab, Welcome and good luck. WHen you get your statements through (you know you can access them online too don't you), have a look for the spreadsheet in the library section. Just tap in the amount, date and description of each charge and it tots it all up for you. It also calculates the interest you can claim should your claim end up in court proceedings. OC
  5. Hi Anya, Welcome and well done for reading the FAQ's before beginning (well, I don't know you have but it certainly seems like you have). It sounds like you've calculated it correctly. Basically, anything that's a charge for unauthorised overdraft, unpaid item or card misuse can be claimed for. ATM fees can't, nor can fees for agreed overdrafts. If you begin this process you have to be prepared to follow it right through to court if necessary. There is a possibility that they may close your account if you take action but from reading other threads this only seems to happen when someone instigates proceedings a second time on the same account. However, you have to be prepared for the possibility that they may withdraw services. Any settlement you receive will be credited to your bank account. The bank may then withdraw your overdraft so if this is an issue you should make sure the settlement is enough to cover your overdraft. A parachute account is highly recommended and from reading other thraeds people don't seem to have had any issues obtaining a Natwest account. The basis account provides a Solo card but many seem to have been offered a standard account with Switch. Good luck and keep us updated with how you get on. OC
  6. Gordon, You seem to be one day behind me on this so far in terms of acknowlegements and letter from the court. I'll keep you updated on how I'm doing - if it stays the way it is I should be able to let you know what to expect the day before you receive it. OC
  7. Excellent. Not a running race though - that's boring. Can we make it a three legged race, egg n spoon race or, even better, a sack race? OC
  8. Acknowleged on the 12th (as previously posted). Notification received from the courts of the acknowlegement. Intention to defend stated (well I hardly expected them to admit the claim). Just waiting for either details of the defence from the courts or a communication from the solicitors now. There's a few of us on a near identical timescale now. I think I'm a day or two ahead of a couple of you so may be able to give you a heads up depending on what happens (although my post arrives while I'm at work so can't update on correspondance until the evening). OC
  9. In a trade / retail environment the buyer would have much more protection. However, this was a private sale and as such, the buyer has very little protection indeed. If the vehicle was listed honestly, which from what you say sounds like it was, and the buyer inspected it and agreed to buy it, they have effectively accepted all the faults on it - especially as they inspected it and negotiated a reduction in the price based upon further faults which they allegedly found. If this was a retail sale, the goods sold must be fit for use for a reasonable amount of time after sale (the same probably applies to private sales too although if it's properly described then this should be covered). However, there are a number of factors to take into account when determining this which include age and price. Whilst £1,600 is a lot of money, it isn't a huge sum of money for such a car and as such, you could probably argue that the price reflected the condition of the vehicle. Further, it is a six year old car and as such, no buyer can expect a six year old car to be completely fault free and must take the rough with the smooth (the faults with the low purchase price). As others have mentioned, by leaving positive feedback they have effectively confirmed they are happy with the vehicle and the matter is closed. If they had issues with the vehicle then they should have contacted you BEFORE effecting repairs done and allowed you the opportunity to arrange for repairs yourself (not that you would have been liable anyway) or to allow you to take the vehicle back and offer a full refund. As a gesture of goodwill you could possibly offer a refund and take the vehicle back but state that you would not be willing to pay for the repairs as they should have contacted you before authorising such repairs. However, I would say that you are under no obligation to do this and therefore would not recommend it. I don't think they have a leg to stand on and think that you could defend this quite easily if it does come to court. Finally, just to really wind them up, you could respond suggesting that they persue their mechanic friend in this matter because, as far as you're concerned, they inspected the vehicle and should have spotted these faults (which you were not aware of and therefore hadn't disclosed) at the time of inspection BEFORE the vehicle was purchased. Keep us updated. Good luck OC.
  10. What car was it and how much did it sell for? Do you have a link to the comleted listing (or the item number)? OC
  11. Have you been asked why you want to open an account? Just say you want a secondary account so you can keep different finances separately or something like that. OC
  12. I wouldn't worry. You stated your position, they stated theirs. You took it to court. I think you'll be fine. OC
  13. OK, four posts while I was typing that! I think what they're doing is applying a fee for allowing you to keep the card despite the breach and then stating that they'll also apply reasonable fees etc. However, what will happen is that if you make a late payment, they'll charge the £12 fee but won't charge the other reasonable costs etc and then claim to be lenient if you take them to court because they didn't recover their losses in respect of the breach like they were entitled to, only the £12 keep your card fee. I suspect this is the way most of them, including bank accounts, will go. OC
  14. Aaaaarrrrrgggghhhhhh! They've completely missed the point! Bunch of f***wits! The whole point of the £12 should be to cover the reasonable costs and expenses they incurr as a result of you breaking the conditions! So, it's still a penalty charge although has been cleverly reworded so that it actually isn't a penalty charge. It's a fee for them allowing you to keep your card which means that, if it isn't a penalty clause, they could probably get away with charging whatever they wanted because it's effectively a card fee, similar to an annual fee. That's how I see it anyway. OC
  15. That's a result. You've got two options now. Accept in full and final in which case you won't be able to recover the remaining £250. Alternatively you can write stating that you accept in part payment of the full amount and will persue for the remainder. However, they will probably withdraw their offer but you then proceed to filing a claim. It's up to you. Personally I'd go for the second option but then if you REALLY need to money now then you may wish to go for the first. OC
  16. Even though they've given their final position wait out the 14 days that you originally gave them from the LBA and then submit your claim. You can start preparing it now at www.moneyclaim.gov.uk but don't submit it until the 14 days are up. Some people have filed as soon as the bank respond which is fine, but by waiting, you're showing the court that you're allowing reasonable time for them to reflect. OC
  17. Oh, one other thing. Even if it does get to court and even if you do lose, your liability is minimal. It'll cost £120 to file a claim and a further £100 allocation fee IF it proceeds to court BUT THAT IS ALL IT WILL COST YOU. You are not liable for their costs. The best part is that when you win, you'll get the £220 back anyway! OC
  18. Rachie, STOP PANICKING! You'll be fine. Have you read around the forums and seen all the HSBC settlements? They do not want to go to court so providing you follow the steps, stick to your timetable and are willing to go to court if necessary then you'll have no problems at all. Have you opened another account elsewhere in case they close yours? If not, do it now. From reading around here it seems that HSBC don't generally close account following a claim. However, there have been instances where it happens although this is generally only where someone has made a follow up claim. Once it's concluded just make sure you conduct your account sensibly and they'll have no reason to close it down. Keep us updated with each stage of your claim and we'll keep on encouraging you. Really, you'll be fine. OC
  19. The only thing to be wary of by making a second claim is that if they don't close your account after the first, they almost certainly will after the second. Perhaps you could just grin and bear the recent charge for now and then maybe take action in another four years or so (that way, if it reaches court you get the benefit of 8% interest anyway for four years). OC
  20. LOL, ooops yeah, sorry, claimant. You've got it. OC
  21. Hmmmm, I'm a tad confused her I think. Basically, you've got the text box on MCOL where you enter your particulars "The defendant has held an account.... etc etc etc....." You need to tack this s.69 bit to the end of that, making sure you stay within the number of characters and lines permitted. Hope that helps OC
  22. Well done - at first letter stage too. What's going on??? Do you think they've now changed tactics realising that people WILL follow through to court thus incurring interest and costs? OC
  23. DrClaw, Just enter them on the schedule as they appear online or on your statements. They know what they are anyway. OC
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