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ishmo186

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Posts posted by ishmo186

  1. thanks bong i will try that letter but in the case of them sending the money twice which i think is highly unlikely but may happen what can i do then? would it be better to send a letter or ring them up thanks again

  2. hi bongo, well the first letter i recieved from HSBC said that they have loked over the statements and have said that i can only claim the total charges which overall came to 995.00 i then wrote back accepting but asking to also add in £50 due to more charges been put on my account, the money then was deposited into my account, and then today i picked my post up from my mums and i had a letter from DG solicitors offering me £1547.00 which is the interest charges added and the 8% now i dont know what to do so i sent the acceptance letter back to dG solicitors saying i accept the £1547.00 im just wondering what will happen now as i habe had to letters trying to settle the claim any advice will be much appreciated thanks alex

  3. hey guys im in a bit of a predicament, i accepted the proposal that hsbc sent me of £1045 but i have since been home and recieved a letter from DG solicitors offering me £1547 which was my overall claim, now what will happen as i have sent off my letter again to DG solicitor accepting their letter even though i accepted the first, do you think they will now reject my acceptance to DG solicitor as the mney has already been cleared into my bank, or would they send me the difference, i havent cancelled the claim through money claim yet so what leg have i to stand on, if i do have one? or have there been instances where they hve sent the money twice as i dont want this to happen as HSBC may try to sue me for accepting two letters please help and end my despair thanks alex

  4. hey guys im in a bit of a predicament, i accepted the proposal that hsbc sent me of £1045 but i have since been home and recieved a letter from DG solicitors offering me £1547 which was my overall claim, now what will happen as i have sent off my letter again to DG solicitor accepting their letter even though i accepted the first, do you think they will now reject my acceptance to DG solicitor as the mney has already been cleared into my bank, or would they send me the difference, i havent cancelled the claim through money claim yet so what leg have i to stand on, if i do have one? or have there been instances where they hve sent the money twice as i dont want this to happen as HSBC may try to sue me for accepting two letters please help and end my despair thanks alex

  5. Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

  6. Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

  7. OMG i dont believe HSBC, i popped into my branch today to enquire about increasing my overdraft slightly so it will cover this months bills before i get my money that i am claiming from them and they said "NO" they they said i should of increased it whilst i had the chance when i first applied for my overdraft!!! so hsbc wont even lend me a hand by increasing my OD but would rather say no and make all my DD bounce!!! ive had to resort to ebay to try get some last minute cash, ive been thinking of changing bank but when i went into abbey national to open an account they have told me that they cant transfer all my bills and money coming in as i didnt pass their credit score check, so i hope to god that hsbc wont close my account oterwise i will be F****D as i have no way to pay my bills or money going in from work!!! any suggestions? thanks

  8. i was just thinking, what happens if i get another charge during the mcol stage, as i have already sent off the mcol and the figure that im claiming for, when DG ask for a breakdown can i include it into this???or would i have to go thru the whole process again to get bk the outstanding money?

    Also on my MCOL i have put the address of my local bank,is this ok or shud i have put the address of head office?

    thanks for the help

    ishmo

  9. hi guys can anyone shed some light onto which option to select?

     

    Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

    spacer.gif The defendant has not filed an admission or defence to my claim

    (Judgment by Default)

    spacer.gif

    You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

    spacer.gif The defendant admits that all the money is owed

    (Judgment by Admission)

    spacer.gif

    If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

     

    thanks

  10. ignore that mcol letter ive revised it

     

    1. The Claimant has an account xxxxxxx

    with the Defendant, opened Sept 2002 2.

    Since 07/11/04 the Defendant debited

    charges and interest in respect of

    purported breaches of contract. 3.

    Defendant is aware of all details as a list

    of charges has already been supplied.

    Another copy will be sent. 4. Claimant

    contends: (a) The charges exceed the

    Defendant's losses caused by the breaches;

    (b) The Term permitting the Defendant to

    levy such charges is unenforceable under

    the Unfair Terms in Consumer Contracts

    Regulations 1999, Unfair Contract Terms Act

    1977 and at Common Law. 5. Claimant claims:

    (a) return of the amounts debited of

    £1386.70; (b) Interest per S.69 County

    Courts Act 1984 of 8% - £80.69 continuing

    at 8% until judgment or settlement at a

    daily rate of £0.32; 6. Alternatively, if

    the charges are a fee for a service, then

    they must be reasonable under S.15 of the

    Supply of Goods and Services Act 1982. 7.

    Costs allowed by the Court.

     

    better?

  11. what do you think guys?

     

    Claimant has account xxxxx with

    Defendant from Sept 1997 conducted on their

    standard terms and conditions. Claimant is

    claiming the return of money taken by

    Defendant in charges over 6 years. The

    Defendant's charges are a disproportionate

    penalty and therefore unenforceable as they

    are contrary to common law. They are also

    invalid under the Unfair Contracts Terms

    Act 1977 s.4 and under the Unfair Terms in

    Consumer Contracts Regulations 1999.Para.8

    and sch.2.1.e.

    In the event that the charges are not a

    penalty they are unreasonable within the

    meaning of the Supply of Goods and Services

    Act 1982 s.15. Defendant has declined

    justification of charges despite repeated

    requests. Claimant claims interest under

    Sec.69 of the County Courts Act 1984 at a

    rate of 8% a year from 2004 to 2006 of

    £1386.70 and also interest at same rate up

    to the date of judgment or earlier payment

    at a daily rate of £80.67

     

    shud i tick yes or no for the human rights act? thanks

  12. hold on here it is again that one was too long lol

     

    Claimant has account 61234641 with

    Defendant from Sept 1997 conducted on their

    standard terms and conditions. Claimant is

    claiming the return of money taken by

    Defendant in charges over 6 years. The

    Defendant's charges are a disproportionate

    penalty and therefore unenforceable as they

    are contrary to common law. They are also

    invalid under the Unfair Contracts Terms

    Act 1977 s.4 and under the Unfair Terms in

    Consumer Contracts Regulations 1999.Para.8

    and sch.2.1.e.

    In the event that the charges are not a

    penalty they are unreasonable within the

    meaning of the Supply of Goods and Services

    Act 1982 s.15. Defendant has declined

    justification of charges despite repeated

    requests. Claimant claims interest under

    Sec.69 of the County Courts Act 1984 at a

    rate of 8% a year from 2004 to 2006 of

    £1386.70 and also interest at same rate up

    to the date of judgment or earlier payment

    at a daily rate of £80.67

     

    what do you think and shud i tick yes or no to human rights? thanks again

  13. What do you guys think

     

    Claimant has account 61234641 with Defendant from Sept 1997 conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

    In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 2004 to 2006 of £1386.70 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £80.67

    The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7/11/2004 to 22/10/2006 of £ 1386.70 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £80.67

     

    let me no thanks

  14. hi guy really need your help todayas im sending my mcol and want to get it perfect, ive put the description of claim as moey owed by hsbc, does this sound ok and also for the service address do i put my local ranch as i sent my letters there thanks alex

  15. hi guys today im sending my mcol so i really need your guys help, ive put claim description as money owed by hsbc, that sound ok? and the service address where the documents are to be set is that my local branch? thanks

  16. thanks agen kaz, well tomorrows th last day of the deadlin so im gonna fill in the mcol in the morning and put it thru, ie heard absolutly nuttin ignorant b*****ds lol thanks everyone for the advice!ill keep you all posted and let you no tomorrow how it goes!!

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