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iiyama66

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About iiyama66

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  1. Hi, Sorry its taken so long for me to update but i wanted to make sure that they had stopped writing to me. I can confirm that they have now stopped but not after still sending out emails and letters to me, they even sent fake bailiff letters!!i stuck to my argument and they eventually stopped. im glad to see that they have been spoken to by the ACA. Thanks for all the help!!
  2. Slick132, I will do that today. Thanks once again. Jason
  3. Hi, Update. I have written to them re Slick132 advice; initially they ignored it and i still received phone calls. So i sent them a letter using a CF template requesting that all correspondence be via mail. This worked for nearly two months until i received an email on the 4th Nov 2011! I still have never received anything in writing in the post from them, even though i have made many requests. Im assuming that this email is not legal? Would the best course of action be to respond via a letter directing them to my previous letter outlining my position as suggested by Slicjk132?? Cheers in advance Jason TAPA Recovery & Collections BY EMAIL & POST Letter Before Action Date: 04.11.11 Our Reference: PFS11060005 Creditor: The Advertising Protection Agency Proposed Defendant: Amount: £39.95 Dear In accordance with the Pre-Action Protocol Practice Direction under the Civil Procedure Rules regarding the HMCS final notice requirements, we are hereby providing you with notice that if payment in full is not received by The Advertising Protection Agency within seven days of the date of this letter, a county court claim will be filed against you with the HMCS on 11.11.11. If you wish to avoid this course of action, you can make settlement by way of telephone on 0844 357 3311 or online at the below URL. No charges have been added to your account at this stage. If a county court claim is filed against you, solicitor’s fees of £80.00, a court fee of £30.00 and interest under section 69 of the County Courts Act 1984 may be added to the total claim amount. No further written notices will be sent to you. A claim will be filed against you on the above date if payment in full is not received by The Advertising Protection Agency.
  4. Slick132, Thank you for your reply and link! Jason
  5. Cheers for the replys! I agree always read the small print! however, i expect any cost/fee to be mentioned at least on the sign up page, not in the FAQ or small print. I will write to them stating that i would not have signed up with them if i had seen there charges/fees etc.. I will terminate the contract too. What can they do if i dont pay? I haven't signed anything? Why won't they send me any paperwork re the debt/contract? Cheers Jason
  6. Hi, Im looking for some advice please. Three months ago i used a company called The Advertising Protection Agency to stop junk mail. I completed their online form; not once during this process was there a mention of a fee or cost, even at the end i was never asked for payment details. A month after i completed the form i received a phone call from them saying that i owed them £44; which is the annual fee for their services, obviously i was shocked by this and mentioned that i was unaware of a fee as it was never mentioned or displayed on their site. He stated that it was in the small print of the pack i received and i had seven days to cancel from receipt of the pack. I explained that i had not seen this and explained that at no point was i aware that there was a charge as their site makes no mention of this. I said im sorry but i will cancel as im not prepared to pay; i was informed that this was not possible as the process had started and i had to pay. They have threatened me with court action!! I have since received calls from them demanding the money; i have requested invoices etc but as of yet they have failed to send me one. I accept i should have read the small print but if the fee had been clearly stated i would have never completed the form! Interestingly since this they have now changed their website and yo can no longer complete the form online but you are directed to a phone number. Where do i stand on this? Is there an advertising standard that all fee's have to be clearly visible?? Cheers in advance Jason
  7. iiyama66

    iiyama v HSBC

    Jonny, With regard to the default, where do i stand? Is it just part of the threat/bully tactics are can they inform credit agencies at anytime? Cheers
  8. iiyama66

    iiyama v HSBC

    Hi johnnymitch! Thanks for your post, no it wasn't in writing but i shall post a letter tomorrow re plan. The amount I can afford to pay isn't a lot but its all I can afford, assume that no matter how small, if you can prove that is all you can afford the courts would support that? Cheers
  9. iiyama66

    iiyama v HSBC

    Hello! Following my case on DEC 8th the Judge ruled against me, no surprise, but he agreed that HSBC should only contact me via mail and he also agreed to an extension of the stay until Jan 2010. Since then I have received a Final Demand letter from HSBC for the outstanding balance of £1000 for the current account. I immediately contacted HSBC to discuss this matter and stop them from defaulting me, however, as the account now has been issues a final demand 'their hands are tied' and therefore can not stop the account being handed to the Bailiffs or take me to court, unless i paid of the arrears in full. I told them I couldn't afford to do this and offered a payment plan that i could afford and this was ignored. So, what do I do next? Obviously I don't want a default against my name, a) Can they ignore any attempts to negotiate a payment plan? b) Would I be better of letting this go to court as i feel that they are being very underhand about this. Are the Courts sympathetic? 3) It seems that they are pushing this to a default situation even though im trying to sort it out with them. Cheers in advance for any advice/support given
  10. iiyama66

    iiyama v HSBC

    Hi Bankfodder! Ive just spoken to the courts, had to chase them up twice now, but i have had it confirmed that a Judge has been allocated but the listing officer was unable to confirm anymore. However, i asked him to put a note on my file stating the urgency of the situation, he said he will make sure the details are passed on and letters sent out ASAP. I will chase them again on Monday! PS Post has just arrived and still no replies from HSBC and Co!
  11. iiyama66

    iiyama v HSBC

    Time for an update!! As advised i sent off a letter to HSBC, FSA, and OFT re conduct of HSBC re my stayed account, this was sent on Friday 13th Nov, special delivery. Due to the content and nature of the letter and advice from forum members I decided to take immediate action. I used and altered the letter template Bankfodder had posted and then completed a N244 form asking for an emergency interim injunction against HSBC. I also put a 'pack' together with supporting evidence of why I felt it was needed for an emergency injunction to be implemented. I copied the letter from HSBC dated the 9th Nov stating that they would default my account with all credit agencies if no payment was made within 28 days of receipt of the letter, copies of all court paperwork relating to the stay, evidence of the harassment via telephone from HSBC, letters requesting that HSBC only contact me via letter, copies of statements showing that HSBC are still applying interest to my account every month,and a letter to the judge again outlining my concerns and the clear abuse of current regulations and the abuse of the legal process. 1st Template I respectfully request that the court orders the defendant bank, HSBC, to cease all enforcement activity in respect of the sum claim by me in my claim number ******* dated the ********* and also in respect of any subsequent bank charges related matters in which the defendant alleges that I am indebted to them. Background -- summary HSBC are the defendants in a claim brought by me for the recovery of bank charges. The claim for the recovery of bank charges was stayed by the courts on ********* Despite the fact that the defendant bank has the benefit of a stay on any further progress on the claim against them, they have continued to levy charges they have continued to apply interest to the further charges and also to the sum being claimed and which is the subject of the stay they are carry out enforcement procedures against me in relation to the further charges and in relation to the sum which is subject to the litigation they are now proposing to enter defaults onto my credit file with the credit reference agency in respect of all the above sums despite the fact that I have asked them not to, they are telephoning me daily both on my landline and also on my mobile telephone number demanding payment and making threats. This is causing great inconvenience and distress to myself and family. I have attached to this application a separate statement giving some details of the telephone calls that we have received and the distress that has been caused. Im also attaching copies of correspondence to the defendants requesting that they refrain from making telephone calls which they have refused to do. Legal position in respect of bank charges It is well known that the bank charges which are the subject matter of this ongoing litigation -- as well as the further bank charges and related interest which are being loaded onto my account by the defendant, - are in dispute. The question of the status of bank charges has been the subject of litigation between the OFT and eight UK banks July 2007 the defendant bank is one of the parties to this litigation there have already been decisions in the High Court and also the Court of Appeal against the banks. A final appeal has been made by the banks to the Supreme Court which is shortly to hand down his judgement it is widely expected that the Supreme Court judgement will confirm the decision of the lower courts Legal position in respect of credit file entries Paragraph 13 (6) of the Banking Code of Practice makes it clear that some is in dispute are not to be placed on the credit reference agency register guidance offered by the Information Commissioner on 2nd August 2007 makes it clear that sums in dispute are not to be defaulted on the credit reference agency register the banking code of practice provisions are binding on the bank both as a matter of implied contractual terms and also more recently because they are now incorporated into the new FSA Banking: Conduct of Business Regulations which are binding on all banks. It is submitted that guidance supplied by the Information Commissioner is highly persuasive as to the interpretation of the provisions contained in the Data Protection Act 1998. Abuse of process It is respectfully submitted that for the defendant bank to continue this enforcement activity in respect of bank charges which they know are the subject of test case litigation and which they themselves are a party -- and in particular to continue enforcement activity in respect of a sum which is specifically the subject matter of a state claim in the County Court, is an abuse of process the stay which has been imposed on my claim is in effect a "ceasefire". However it is submitted that the defendant bank is not adhereing to the letter or to the spirit of the stay. Claimant's chances of success It is submitted that I have a very high chance of succeeding when the court stay is finally lifted and the matter proceed to trial. The High Court and the Court of Appeal have both found in favour of the OFT position -- that bank charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999 the Supreme Court is due to rule on the matter shortly and it is widely expected that they will uphold the decision of the lower courts the OFT has already published its preliminary view that it considers the charges are unfair the defendant has no realistic prospect of success Balance of convenience The sums claimed are insignificant to the bank and are highly significant to the claimant. If the defendant bank is prevented from entering of defaults onto the claimant's credit file, this will be insignificant to them, will cause them no loss and no inconvenience on the other hand a negative entry on the claimant's credit file even for a short while is capable of causing enormous damage to his reputation The continued application of charges and related interest to the claimant count are insignificant to the defendant but highly significant to the claimant the receipt of regular unwelcome telephone calls both on the claimants landline and on his mobile phone are stressful and are any intrusion on his privacy it would pose no inconvenience whatsoever if the defendant bank is ordered to cease this intrusive activity against the claimant because the defendant bank is protected by the stay on the claim, the claimant is left defenceless whilst the defendant is left free to continue its activities against the claimant it is expected that once the Supreme Court handed down its ruling and the OFT has formally declared in charges to be unfair that the defendant will abandon its defence the defendant bank has no real intention of pursuing the defence against the claimant and it is submitted that the filing of a defence by the defendant was merely a strategy to invoke a stay on proceedings in order to protect their hopeless position it is respectfully pointed out to the court that from early 2006 until the general stay in July 2007 that the defendant bank, in common with all the other banks, filed hundreds of spurious defences in response to legitimate claims for bank charges, only to withdraw from the case and to settle at the last minute. It is submitted that the defendant bank has acted in broadly the same way in this case -- with the additional benefit to them that they are protected by a stay whilst they are free to continue activities against the claimant The Status Quo The proposed orders would merely maintain or restore the status quo which was intended by the stay on bank charges claims the defendant bank, by their enforcement activities and by their continued charging and applying of interest is distorting the status quo under the protection of the stay on the claimants litigation against them The Overriding Objective It is respectfully submitted that it is in the interests of justice to grant the orders which are requested in this application. It cannot be just that they matter which is clearly the subject of a legitimate dispute, in respect of which a defence has been filed, in respect of which the defence does not actually object to the fact that the action has been brought, should then be stayed pending a test case and that the defendant in the present bank charges claim and also who is at the same time defendant in the test case should be allowed to take advantage of the protection of the court to continue the very activities which are the subject of litigation and furthermore to embark on other enforcement activities which are not only a violation of the spirit of the stay but are also a breach of the Data Protection Act and a breach of the Banking Contract Conclusion it is respectfully submitted that the court agrees to the orders requested in this application in order to remedy the defendants abuse of process prevent any further intrusions into the privacy of the claimant prevent any further breaches of contract prevent any further breaches of the Data Protection Act prevent any further breaches of the Banking Code of Practice prevent any further breaches of the new FSA Banking: Conduct of Business Regulations The claimant respectfully requests that the court orders that the defendant ceases any enforcement activity in relation to any sums which are the subject matter of claim 9NR02629 that the defendant ceases to telephone the claimant in respect of the about sums or any other bank charges related matter that the defendant do not make any entry or cause any entry to be made on the claimant's credit file in respect of the sums present in dispute or in respect of any other bank charges related matter -- These orders to remain in place until the settlement of the claim 18th January 2010 Letter to Judge District Judge Norwich County Court Claim No ************ Date ******** Dear Sir/Madam Application of Emergency Interim Injunction I am asking the court to exercise its discretion to grant me an emergency interim injunction in were the county court claim which was stayed on the **********. I realise that normally the defendant should be given a chance to argue against an injunction at a hearing, however despite the stay on my charges claim the defendant has proceeded to take direct action against me including regular and frequent telephone calls to my land line number and my mobile telephone. These telephone calls are often made on weekends and anti social hours and are causing distress to myself and my family I have received a letter which is giving me notice that the defendant is about to place a default entry on my credit file which would damage my credit reputation even though the matter is subject to this litigation. These activities are in breech of contract, in breech of the data protection act, in breech of the new FAS regulations, and they are an abuse of the court process as the defendant is enjoying the protection of a court stay. The reason I am asking for an emergency injunction is because the proposed credit file entry is imminent and I feel there is not enough time for a proper hearing to be arrange and for the defendant to prepare arguments to resist my application. Also the problem of daily telephone calls what can be 5-6 per day. Additionally the defendant is applying charges and interest on my overdraft even though the overdraft is the sum dispute and is comprised of the disputed sum which bank charges. I understand if this emergency application is granted that there will have to be a hearing to decide if it should be continued. I intend to attend such a hearing and argue my case thoroughly. I hope that the court will consider So, armed with all this I handed in my application and paid my £60, within 20 mins I was informed that a Judge had seen my application and referred it to the High Court Judge for a 30 min hearing. After a lengthy discussion and informing the court staff of my extreme concerns and why I had applied for such an application they went off and offered me the earliest date they could, Dec 8th @ 10am, not great but it was clear it wasn't going to go any further! Following this I then decided to write a letter to both HSBC and DG Solicitors informing them of the injunction I had aplied for and that a hearing with the High Court Judge had been set for 8th Dec. My aim with this letter was to inform them of what was coming! but to also refrain from further action against my account, i.e. interest, defaulting my account with credit agencies, and the telephone calls i have been receiving. Through the letter I made it very clear that if such actions persist I will be informing the Judge of my letter to them and they still continued with their action. These letters were posted on 16th Nov 2009, special delivery. Notice letter Dear Sir/Madam, Notice of application on injunction in the High Court ******************* Im putting you formally on notice that in response to your letter dated ************ ref *****-******** proposing to enter a default on my credit file in respect of a disputed account. I have applied to the Court in ********** for an order to prevent this action by you which would be a breach of contract and a breach of the Data Protection Act, I have also asked for an order requiring that you cease any further harassing telephone calls. The Court has informed me that that my application will be heard on the ************. Im writing to you now because I know that it will take sometime for the official Court documents to be prepared and sent to you. Please be aware that if you continue with this action proposed in your letter I will then produce this letter to the Court at the hearing in order to make it clear you were already informed to my objection and this was to be the subject of an application for an injunction. Yours Faithfully Cc DG Solicitors At time of writing this post I have not received a response from any of the parties I have written to, i am still receiving 7-8 calls a day from HSBC, landline and mobile, all calls are being logged. Sorry for the long post, i will of course keep you all updated on how things progress!!! Cheers once again for all support and advice
  12. iiyama66

    iiyama v HSBC

    BankFodder, Your box is full! I have sent an email to the address you have supplied, admin... and also the auto reply message when your inbox is full.
  13. iiyama66

    iiyama v HSBC

    Bankfodder, I have sent you an email.
  14. iiyama66

    iiyama v HSBC

    Bankfodder i have sent you a message with my phone number. I have sent of letters to HSBC, FSA, and the OFT. I have taken tomorrow of from work so i can visit the courts!
  15. iiyama66

    iiyama v HSBC

    I will attempt at filling in the form and post (if possible) or could i email it to you BankFodder to see if its ok? Just that this isn't really my strong point writing all this legal stuff and I dont want to get anything wrong!! iiyama
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