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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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HSBC Bank - Overdraft Charges


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Hi Lisa ,

 

As you say they've obviously got the wrong end of the stick (again!)

 

So ,how about something like :

 

Dear Mrs Groombridge,

Thank you for your letter dated xx xxx xx, in which you advise me that you have fully investigated the matters raised. Forgive me if I say I doubt this statement, because the matter in question was a refund of unlawful bank overdraft charges, nothing to do with Credit Card charges at all.

The letter which you sent is obviously a standard template letter for these situations and you sent the wrong one. Whilst you have been able to clarify HSBC’s position on Credit Card charges it’s not what I requested.

To re-iterate, the matter at issue here is the application of unlawful overdraft charges which I intend to reclaim from HSBC as soon as possible.

With that object in mind I remind you that the timetable which I gave you to settle this matter to my satisfaction still stands, therefore my Letter Before Action (LBA) will be on its way to you on xx xxx xx.

I realise that court cases have been stayed pending the conclusion of the OFT Test Case but it is my intention to pursue this through the courts if necessary.

If you find it convenient to refund the charges claimed I will, of course, confirm that this matter is settled to my satisfaction.

 

Yours sincerely

Just chop it around to suit yourself, Lisa - when is your LBA due to go off?

Hope this helps

johnny

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Or even :D

 

Dear Mrs Groombridge,

Thank you for your letter dated xx xxx xx, in which you advise me that you have fully investigated the matters raised. Forgive me if I say I doubt this statement, because the matter in question was a refund of unlawful bank overdraft charges, nothing to do with Credit Card charges at all.

The letter which you sent is obviously a standard template letter for these situations and you sent the wrong one. Whilst you have been able to clarify HSBC’s position on Credit Card charges it’s not what I requested however thanks to your information I will now also be requesting the penalty charges you have applied to my credit card be returned .

To re-iterate, the matter at issue here is the application of unlawful overdraft charges which I intend to reclaim from HSBC as soon as possible.

With that object in mind I remind you that the timetable which I gave you to settle this matter to my satisfaction still stands, therefore my Letter Before Action (LBA) will be on its way to you on xx xxx xx.

I realise that court cases have been stayed pending the conclusion of the OFT Test Case but it is my intention to pursue this through the courts if necessary.

If you find it convenient to refund the charges claimed I will, of course, confirm that this matter is settled to my satisfaction.

 

Yours sincerely

 

 

If they are stupid enough not to read the letters we write then I dont see why we shouldnt play on it :).

 

pete

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Nice one pete - I missed that bit LOL!:D

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Hi there

Sorry I have not been around but thaks ever so much for that letter I wil get it sent off to the idiots today the 14 days where up on the 11 april so should i send the LBA letter aswell

thanks again lisa

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Yes, send your LBA 'recorded delivery' under separate cover Lisa :) - then they can't say they didn't get it......:rolleyes:

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Hi Johnnymitch

Thank you can I just ask the letter you did for me where it says the LBA letter will be sent on date should i put todays date and do I send the spreadsheet again put this time with the interest

thanks lisa

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Thanks , freaky,

The handsome guy's right, Lisa,:) -

btw, you should have seen him before the face lift.........:D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Is this the LBA letter i send them for charges have deleted same stuff could you check it for me please

thank you lisa

 

HSBC Bank plc

Harry Weston Road

Binley

Coventry

CV3 2TQ

 

 

21-04-2008

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER:******* SORT CODE: ******

 

I am very disappointed that you have failed to respond to my letter of the 18-04-2008.

I now understand that the regime of ‘fees’, which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth, are unlawful at Common Law and contrary to consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

 

I calculate that you have taken £825.00 plus £95.00, which you have charged me in overdraft interest for the sum which you have taken Total £920.00.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 18-04-2008.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

 

 

Yours faithfully,

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Just one point Lisa :

 

Have you used the compound spreadsheet to work out the overdraft interest (£95) which you mention - or is this the 8% interest which is only applicable at the court stage......:confused::)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Sorry i dont know what you mean its £825 overdraft fee and £95 recall s/0-o/d is not interest

It all so confusing or im stupid:confused:

 

No, it's me Lisa, got the wrong end of the stick - I thought you were talking about the interest charges that the spreadsheet works out, which don't get sent to HSBC at this stage.:)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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I can't stand cheeky kids!:p - especially ugly cheeky kids! LOL!:D

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Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Dream on Freaky - ..............:p

 

btw thanks for the tip, mate :D

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Oh! I hadn't realised you were freaky's other half on this one pete.......:p:D

 

 

Anyway - hope you got the letter off alright, Lisa ....that was the object of the exercise .........:-):-)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Oh! I wish I'd thought of that freaky:D ............LOL!

 

btw - I like the (slight) improvement on your avatar;)

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Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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