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pblackie

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About pblackie

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  1. This topic was closed on 03/05/19. 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 their. 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. On the way to them You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I have written to you before informing you that this account is statute barred, In light of this be warned that if you continue to pursue me for this account I will lodge a Harassment complaint with the OFT. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply.
  3. Just received a letter from SLC stating I must repay and asking me to complete an income & expenditure form and make an offer of repayment!!! Do they believe they are exempt from the limitations act? reminder letter on the way to them
  4. HI I am still receiving letters regarding this overdraft/bank charges now been passed to Moorcroft/Midas. Is a CCA request applicable to bank accounts/overdrafts? or should I re-issue the LBA to HSBC (original one was sent befor the test case started). Any advice appreciated.
  5. No they go back about 4/5 yrs but i'm fairly sure the default notices were not correctly executed
  6. pblackie

    Hsbc

    I had an overdraft which had court ptoceedings issued and then cancelled (see post http://www.consumeractiongroup.co.uk/forum/showthread.php?132884-HSBC-NCO-amp-now-IND**WON**) This has now reared its head again in the form first of DG then, MCS now Moorcroft. Can anyone point me in the direction of templates asking them to prove the account was defaulted correctly etc
  7. This has now reared its head again in the form first of DG then, MCS now Moorcroft. Can anyone point me in the direction of templates asking them to prove the account was defaulted correctly and anything else that may throw a spanner in their wheel?
  8. Finally i have received the following reply from the FOS: Any thoughts on next steps as the FOS appear to have completly ignored my amended complaint particulars?
  9. The FOS replied to this letter with: "Thank you for letting me know that you wish to proceed with your complaint, albeit, on amended grounds. I would like to explain that this service is unable to investigate the 'new' grounds of your complaint until the bank has been given the opportunity to carry out its own investigation. Therefore, I would suggest that you contact the bank. You will of course be given referral rights to this service once the bank's complaints procedure has been exhausted. To which, again with Govan's help, I replied : write in response to your email advising that I must contact my bank with respect to the 'new' grounds of my complaint, so that it may 'investigate' these. Please note these are not 'new' grounds, rather I have been required to amend or update my existing complaint to take on board a change in the law from the case of OFT v. Abbey National plc and others [2009] UKSC 6. In light of the Supreme Court's decision, I have simply alerted you to what I now understand to be the relevant law which applies to my complaint, and which provides authority for the proposition that these charges were unfair. In determining a complaint , I understand that the Ombudsman will have reference to what is 'in his opinion, fair and reasonable in all the circumstances of the case'. DISP 3.6.4 of the FSA's Handbook provides that in considering what is fair and reasonable, 'the Ombudsman will take into account: (1) relevant law and regulations'. Accordingly, I would be grateful if you could now proceed to determine my complaint, having regard to what I now understand to be the applicable law which supports my view that these charges were unfair. If any further information is required please let me know. I look forward to your written reply. They then proceeded to review the complaint as a new one.
  10. And so on to the next piece of the saga. Following the SC ruling I sent the following letter courtesy of the Govan law centre: I write further to my outstanding complaint concerning unfair bank charges applied to my current account which had been placed on hold pending the Supreme Court test case of OFT v. Abbey National plc and others [2009] UKSC 6. I understand the FSA’s waiver has been lifted and you can now proceed to determine my complaint. Although the OFT lost this case under regulation 6 of the Unfair Terms In Consumer Contract Regulations 1999 (UTCCR), the Supreme Court stated that this did “not resolve the myriad cases that are currently stayed in which customers have challenged Relevant Charges” (para 61 of the court’s judgment). In particular, the Supreme Court made it clear that “it remained open to question whether bank charges were fair” in relation to regulation 5(1) of the UTCCR (para 80 of the Supreme Court’s judgment). Accordingly, in consideration of my existing complaint, and in light of the Supreme Court’s judgment, please ensure that you have regard to the following amended grounds of complaint: (1) I seek a refund of overdraft charges (with interest thereon) applied to my current account because these charges were unfair in terms of regulation 5(1) of the UTCCR as – (a) the charges were set by reference to the overall costs of providing current account services to all of my bank’s customers, rather than the costs incurred by my individual conduct which occasioned the charges; (b) at no time did my bank ever inform or adequately explain to me, that I would be paying bank charges in order to cross-subsidise the costs of providing the vast bulk of their customers with ‘free if in credit banking’; © my bank’s charging structure was designed or created the potential for rolling or multiple charges, with charges and interest being applied and/or occasioned by ‘charges on charges’; (d) the way that charges were imposed and accumulated in terms of my bank’s charging structure was unclear, unpredictable and complex; and (e) the main providers of current accounts in the UK operated a similar charging structure to my bank, and in so doing restricted market competition, resulting in my inability to obtain an alternative current account with a fair charging structure; (2) Separately, I also seek a refund of overdraft charges (with interest thereon) applied to my account because these charges were unfair within the meaning of section 140A(1) of the Consumer Credit Act 1974 for the reasons as set out in paragraph (1)(a) to (e) above, and in relation to the following additional reason: the charges were excessive in relation to the level and/or cost of the borrowing which triggered these charges. Please note this is not a template letter as my letter contains specific factual information which relates solely to my personal circumstances. I would ask you to have regard to the following examples of detriment which I have suffered as a result of my bank’s unfair and punitive charges: · As a result of HSBC applying charges to the account we were entered into a cycle of debt. · HSBC reduced our overdraft by £500 3 weeks into the month despite us asking them to wait another week until we had been paid and were able to cover the reduction in the overdraft limit. · Having not been given the one weeks grace we requested charges were applied for unpaid direct debits, had the overdraft been left at the £2000 level for 1 more week we would have been able to pay the direct debits without exceeding our overdraft limit and as such avoid incurring any penalty fees. · As soon as fees were applied to the account because of the situation described above we were in a cycle we could not break where HSBC were applying penalty fees every month. · Since we took the step to change Bank accounts we have not incurred any penalty fees on the new account despite our income and outgoings remaining the same. This clearly shows that the initial actions of HSBC pushed us into a cycle of penalty charges. I would be grateful if you could please acknowledge safe receipt of this letter, and confirm that in determining my complaint you will have due regard to my amended grounds of complaint.
  11. Hmm, just received a letter telling me that unless I contact them they will issue court proceedings. As far as i am aware statute barred is a complete defence or am I wrong and SLC have re-writtain the law:-?
  12. So Lloyds is going for the mass strike out option BBC News - Lloyds to ask local courts to dismiss overdraft cases wonder who else will follow
  13. I wonder how many in the supreme court have been offered tasty jobs with the banks
  14. Looks to me as though they are trying to say this is some form of agreement with them?? Any thoughts on action I should take?
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