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    • you never use or give an email  2nd class stamp with free proof of posting from any po counter dx
    • Much appreciated for the ammendment. The snottier the better right!   What I am assuming is that this response is to be posted to Gladstones? However, I am seeing some users sending this as an email instead, which is a little confusing.  If we're happy with this response, what would you suggest is the best way to send it over to them (post/email), and is there anything additional I could include (if necessary)?  Thanks again! 
    • Hi I've read through other threads to better inform me of the process from here onwards. When I put in the MoneyClaim it gave me a claim number and it currently says to wait for the defendant to respond, they have until 7 August.   It seems their most likely action is to extend that a further 14 days to about 21 August - this hasn't happened yet, of course, as it is only 27 July but I'm anticipating that may be the case. when the expected defence action is taken by EVRi I will need to submit DQ with these responses A1 - no mediation B - my contact details C1 - yes to the small claims track D1 - No.  If No please state why.  I believe the defence will provide some rebuttal to the particulars of claim and so I need to include details as to why the claim requires a hearing.  Is there some certain templated text I can include here or will it vary depending on what the defendant comes back with? I see on the form it mentions the following: Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly or the issues are so complex they need to be argued orally.  Hoping to reach out to see what may be the most effective statements for D1 reasoning. E1-5 are pretty straightforward. I want to get ahead of things and be ready to take the next step so I appreciate what advice you may have about the DQ.   Thanks!  
    • Rachel Reeves is set to reveal a public finances shortfall of billions on pounds after a snap audit.View the full article
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Dani v HSBC


Dani
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I am sending off my first letter to HSBC today, the request for repayment of charges letter.

 

I have enclosed the Schedule of Charges as requested but I have put a charge on there that is due to come out on the 3rd July. Should I not have put that on there until it has actually been taken, or will they not bring this up??

 

Thanks for the help on this website, I'd be lost without it!:-D

Dani

 

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I am sending off my first letter to HSBC today, the request for repayment of charges letter.

 

I have enclosed the Schedule of Charges as requested but I have put a charge on there that is due to come out on the 3rd July. Should I not have put that on there until it has actually been taken, or will they not bring this up??

 

Thanks for the help on this website, I'd be lost without it!:-D

 

I sent my letter yesterday and included a charge that is due to come out on the 30th.

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keep us informed, and anything you're not sure of, just ask (provided its not very obvious in the faq section)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Quite surprised - I sent off my data protection letter to HSBC before I found I could download them off their website.

 

Anyway, I only sent it the week before last, and I've had all my statements back already. And I forgot to enclose a cheque to cover the costs of them as well!!

 

I think HSBC are playing nice for some reason!!:rolleyes:

Dani

 

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Quite surprised - I sent off my data protection letter to HSBC before I found I could download them off their website.

 

Anyway, I only sent it the week before last, and I've had all my statements back already. And I forgot to enclose a cheque to cover the costs of them as well!!

 

I think HSBC are playing nice for some reason!!:rolleyes:

 

luring you into a false sense of security more like

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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  • 2 weeks later...

What a surprise - no response to letter.

 

Just about to send the LBA now but I've noticed I've been charged an extra £40 this month and £125 to come out on the 2nd August. Can I add these to the schedule of claim now? And do I need to change the LBA letter to state that the schedule of claim will have changed since the last one I sent?

 

Thank you!

Dani

 

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  • 2 weeks later...

Well, had a letter this morning from HSBC. Unfortunately nothing to do with what I want to claim back.

 

They say they have cancelled one of my direct debit's and I should find somewhere else to pay it from!! I can't believe they've done that!!

 

And they've also charged me another £30 on Tuesday for a reversal of a dd, but there is no dd that has been reversed!!!

 

Now they are really starting to annoy me! And I'm sick of them phoning me 20 times a day.:confused:

Dani

 

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I've secure messaged HSBC about the dd they've supposedly reversed and they've answered that it was in fact a returned dd charge for my mobile.

 

But shouldn't the reversal also be showing on my statement? All that shows is the charge but last time this happened it had everything that had happened (the payment taken, the reversal and then the charges!)

 

They can't seem to understand that I'm bothered that they're not showing everything on my statement. They seem to think I want to take their word for it!! Not likely!!!:|

Dani

 

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Hi Dani,

 

You are right. If they have charged you for reversing a DD then that very DD has to be shown or should be shown on your statement also. It should show the DD as eing paid....then being recalled....then the OH WE ARE CHARGING YOU 30 QUID!!!!

Keep on them sweetie!!! Keep fighting the good fight

:D Rachel;)

 

HSBC - Joint Account - £2,630 - Pre lim Letter Sent

LBA Sent 25th July

MCOL submitted 9th August!!

Offered 2775.27 !!!!! will be accepting!

 

HSBC - Sole Account - Pre-Lim sent 24th July

LBA Letter sent 8th August

MCOL filed 5th Sept

 

HSBC - Closed Account - Awaiting on statements, not even recevied 1 !! now 3 weeks on still not 1 statement!!

Received statements

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Thanks - that's what I thought.

 

I've messaged them again as they ignored my reply to them on Friday.

 

I am so glad I've swapped banks now, but I can't help thinking this is one of the reason's they are doing this!

Dani

 

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Well still no resolvement in this matter - they asked if I wanted a letter sending out confirming the direct debit was reissued again! No, I don't, I want it to show on my statement!!!! Don't know what is so hard to understand about that.

 

They've now also taken a standing order payment out of the account even though I stopped it weeks ago and asked them to cancel it! They're really beginning to drive me insane!!

 

Oh well, one day till I can file my claim online! Couldn't come any sooner for my liking!!8-)

Dani

 

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I'm feeling a bit thick right now - I'm just filing my claim online and I'm stuck on the particulars of claim bit.

 

I've been looking for posts where people have done this bit, but obviously now that I need to find it, I can't!

 

Do I just copy the paragraphs that are in the bank templates forum?

 

Thank you!:cool:

Dani

 

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Example POC, may need tweaking to fit:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) 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(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

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Sorry another thing - I have no idea when I opened my account - it was when I was at school sometime. Is it ok to tweak that bit out completely??

Dani

 

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No, I haven't got a clue - I just know it was over 10 years but no idea which year. Thanks for the help.

 

I've now submitted my claim so back to the waiting game again!

Dani

 

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They seem to have stopped for now - but if they start again I'll try that.

 

I'm a bit confused now - I've logged into my moneyclaim account to see if HSBC have acknowledged it, but come up with this:

 

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.

 

 

 

I think it's asking me to choose one option - am I missing something here? Is this normal? I only filed the claim yesterday.

Dani

 

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You've clicked the 'Judgement-start' button, this is only if they don't acknowledge your claim. Just cancel out of it. It should say issued and then acknowledged within the next few days (if they do!).

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Ah yes, I see. I was thinking it didn't matter where you clicked on it, it would take you into the same screen!

 

Thank you very much.

 

:cool:

Dani

 

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Just received a letter from HSBC dated 27 July - thanking me for my letter of 12 July - like things haven't moved on since then.

 

Anyway, they've offered me £1,500. Of course, I'm going to reply to say I'll accept as partial payment and keep claiming for the rest, which includes the added on charges of recently and the court fee.

 

8-)

Dani

 

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