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Everything posted by hunkydory

  1. This topic was closed on 10 March 2019. 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. I think my Rottweiler had the best approach - he put teethmarks in the letter when the postie delivered it!! Any advice as to who and how to complain about Ruthbridge gratefully received!
  3. Any advice please - have received a letter from RB asking me to telephone them to discuss my complaint about their actions (ie failure to comply with CCA request etc). As if!! Should I reply to letter now or just go and complain to TS? Can I also complain about them to the OFT or someone else with clout? Thanks!
  4. Hi. Mr Hunkydory's case is due to be heard at Peterborough CC tomorrow. In today's post we received letter from DG stating they would ask for a stay - I take it we still turn up, ready to roll with a request for the application of a removal of the stay if the court has granted it? Also, I know our bundle was served on DG almost 3 weeks ago but we haven't seen anything from them Not being ofay with county court, but don't they have to issue disclosure as to their defence (like you have to in the criminal courts)? If so...they haven't! Any advise please??
  5. Hi and thanks for this info. I never called Ruthbridge - so they don't have my phone number. Needless to say my £1 postal order was cashed and clearly taken off the alleged debt (received another threatening letter which shows this) but still no CCA. Time is ticking on towards 30 days at which point I will follow your advice and contact Trading Standards. I am not worrying - if they try to file for bankruptcy, they will have to explain to the court why they have failed to abide by the law or the county court procedural rules! Thanks again! And thank heavens for the CAG & BAG site!
  6. Hello. Could someone just help. I take it that once the CCA has been sent off Ruthbridge have 12 working days to action this request. Once they fail to comply, what is the next thing you should do? I note they have cashed the cheque for £1 and deducted it from the amount owing but haven't provided a copy of the credit agreement or any information regarding what the alleged amount owed is in relation of. Surely they are demanding money with menaces if they don't provide details of the alleged debt - if I bombarded someone with calls and letters demanding a 4 figure sum with no explaination, I'd end up in a nice police cell!?
  7. Could we include in my husband's bundle evidence of HSBC paying my claims at the LBA stage or is this irrelevant?? Thanks in anticipation!
  8. Hi Anne26. We are in the same boat - busy doing bundle at mo as we have court date of 8th August for my hubby. Fingers crossed for all of us - we are a bit worried about all this as we had hoped we wouldn't have to get to court but hey ho!
  9. Hi - we too received one of those mystery letters, not addressed to anyone, just our address. Being a cynic I thought it might be someone trying to rip us off and did an address check only to find it was from Ruthbridge Ltd. Will keep the letter but not reply - I have no idea what they are after/on about and will ignore it as unsolicited mail.
  10. Thanks for the advice - we will try this tack!
  11. Well we never received an AQ but have now received notice of our court date at Peterbrough County Court for early August. Last week we received a letter from DG Sols asking for a full breakdown of the claim against them. We complied by fax and email (even though they should already have this information and we take it either they are 1. inept, 2. awkward or 3. both!). Anyway, eventually my calls were returned and receipt of the documents acknowledged. Yesterday we received another letter from DG re the counterclaim they have made against my hubby, which states: "We understand that you are defenidng the claim on the basis that you believe the debt comprises of penalty charges. So that we may fully review the situations please can you provide a complete scheduled breakdown of each charge you dispute and why." Now, clearly they already have this information in respect of the claim against them. Are they 1. inept, 2. awkward or 3. both or 4. don't have a photocopier!!!!!!!!! Obviously we need to respond and play their silly game & reply. Does anyone have any tried and tested wording which we could also use in the letter back to them about the reason why we dispute the charges? Thanks! We are feeling anxious about the court date but with your support will soldier on!
  12. Have just received court paperwork. It states that it has been transferred to Peterborough County Court and that: It is ordered that 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise" I take it this is a notification and we don't have anything else to do at the moment?? HSBC defence is as follows: 1. The claimant's account os goverened by the Defendnats persoanl banking terms & conditions 2.Pursuant to the defeendants terms & consitions the defendnat is entitled to make a charge for its services as set out in the defendant's price list, including an overdraft fee for considering whether to provide and providing an overdraft. 3. The Defendnat denies that the charges applied to the Cliamants account amount to penalties at common law and/or unfair contract terms for the purposes of the UTCCR 1999. 4.The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendnats terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not default charges and, accordingly, cannot amount to a penalty. 5.Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief. In the meantime we have defended the counterclaim against us. Any help gratefully received as always! Thanks!
  13. We have now received a notice of Judgement rejected from the court. It gives the reason for the judement being rejected as: "Case status is set (eg paid, transferred, etc)" Does anyone know what this means? We haven't received any correspondance from DG in the meantime so assume its not because its been paid. Unfortuantely hubby can't phone MCOL to find out as busy driving his ambulance & hasn't his mobile with him and under data protection they won't deal with me! Any help gratefully received!
  14. Thanks for your kind words and support - it truely makes a difference : ) Have just spoken to hubby at work - he is still up for the fight, especially as its his money and being ambulance crew, he's not got the best paid job in the world so can't afford to write it all off! I'm just wondering what the defence is - my claim against A&L was defended because they settled 1st so that would be a nice surprise!
  15. Just to bring you up to date... We requested judgement by default on Tuesday afternoon, only to discover on MCOL this morning that judgement has been rejected as a defence has been raised. We are now rather worrried. Especially as DG have countersued my hubby for non-payment of his overdraft which entirely exists of penalty charges. I assume we will get the AQ next. If we do end up at court, will I be able to speak on my hubby's behalf? He isn't the most eloquent of people and is bound to get angry and het up. Any advice gratefully received.
  16. Can someone please help me re timescales??? I have read the MCOL paperwork and think I've got this clear - HSBC have 5 days from the date of issue of the MCOL to respond. Once they acknowledge service they have 28days (+ the 5 for service) from the date of issue to enter a defence. Is this right?? In our situation, the MCOL was issued 7/03 & acknowledge on 9th. I take it we can't apply for judgement until 7/04??? Or do we have to allow extra time for bank hols? We have also acknowledge receipt of the claim against us for non-payment of an overdraft (retailiatory action by DG!!) and I again assume we have this 28 days + the 5 days to allow for service before we enter our defence? Part of me begins to wish we didn't bother and just paid up, which is what DG want, but then I remember its our money & we can't afford to throw it away!
  17. Thanks Harverster & Bookworm! Bookworm - I think that makes sense! DG have until the beginning of April before we can enter a jidgement against them which is sooner than our 28 day period if we acknowledge the claim. Should we reply straightaway with an acknowledgement to buy time & then enter a defence (now whose tactics does that sound like?) or raise a defence now? Also, I do know a journalist at one of the nationals. Could we play nasty at this stage with the adverse publicity angle or not go for that dirty trick? Thank you all so much - it feels better knowing we're not on our own as such!
  18. Raised MCOL against HSBC earlier in month for charges, which with interest added came to just over £3700. Claim was acknowledged by DG earlier in month. Husband's account was closed by HSBC in over a year ago with his overdraft being approx £2500. His charges being claimed back amounted to £3100. After advice from CCCS, refused managed loan and started a debt management plan (DMP). The situation with HSBC had caused him to default on pretty much everything else. He didn't pay his DMP for a couple of months due to financial probs (broken rib meant time off work - no overtime, car needed taxing etc) Just in from work to find a County court claim against him from HSBC for £2200 (overdraft less payments made under the DMP) & interest being claimed. Obviously DG seem to be trying a new tactic and think this will frighten us. It has a little but we are now furious about this. We could really do with some help from our friends here on the BAG. Our claim against them was raised on the 3rd of March I think (papers not to hand so gove or take a day). Please can you help? I'm tying this shaking with anger and also a bit of anxiety! Hunkydory
  19. Hello! Just an update - we ended up going the whole hog and raising an MCOL as HSBC just ignored the LBA (how rude). The MCOL is for in xs of £3500 including interest @ 8%. It was acknowledged by DG Sols on 08/03/07. Could someone just clarify that they have 28 days from the date the claim was issued (07/03/07) rather than the day it was acknowledged? I'm sure I'm right and just got the collywobbles!
  20. Hi! Apologies but I've been away! No, HSBC didn't close my account after the second refund, however I decided that I would close the account because they were crap anyway so I don't know what the outcome would have been if I'd left my account there.
  21. Hi! I was successful in my 2nd claim last month. They tried to wriggle though saying they had already refunded me. Stick to your guns as I did and politely point out that you never agreed not to make a 2nd claim and the dates for which you are claiming fall outside the period subject of your initial claim. Good luck!
  22. Thanks nettyg - but is that 6 years from the date we first wrote to HSBC (ie back in January) asking for the money back, or 6 years from the date we start the MCOL (ie today)?
  23. Hi! My hubby is just starting his MCOL as surprise surprise, HSBC have ignored his letters. Anyway, he was claiming charges from 01/03/01 in his letters to the bank and we wondered if that means that we can include the charge from 01/03/01 on the MC or if as its now more than 6 years since that charge, we can only claim for charges which are still within the 6 years? Sorry if this post seems confused but we are! Thanks!
  24. Hi! I have claimed twice now against HSBC and suffered no ill effects. I have now closed my account though, partly just in case they did want to play silly beggars and secondly because I don't want to do business with them. After 12 years of making money out of me and me having to deal with call centres abroad, I have started banking with a Building Society which I can call direct and speak to someone who knows me!! Good luck!
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