Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

No More Tears 2 ***SETTLED IN FULL***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6405 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sounds like you've had a frustrating time of it. You should try dealing internationally with HSBC. When I phone from Canada I get India or Malaysia or Scotland or ??? anywhere but the bank I want to talk to. I've complained about forms disappearing they say they'll send new ones out - never arrive! Finally wrote to Manager, Service Quality Team in Leeds. Is there really such a person? For 3 months I've been trying to get a security number so I can do telephone banking! What kind of an outfit is this?

Link to post
Share on other sites

  • Replies 81
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Help!!

Am in the middle of filling in MCOL, is there a template for what you write in the details bit? I am sure I have seen a few posts on this, but do you think I can find them now that I need it!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

Ive just put mine up about 3 posts below yours, see - Magicmerlz V's HSBC

 

I have 2 accounts with the defendant which are conducted on their standard terms and conditions. I am claiming the return by cheque of money

taken by the defendant in the way of

charges over the last 6 years. The banks

charges are a diproportionate penalty and

therefore unenforcable as they are contrary

to common law. Further, as a

disproportionate penalty they are 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 then they are unreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges despite repeated requests. Total charges of £xxxx.xx. I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from 7th July 2000 to 1st August

2006 of £xxx.xx and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of £x.xx. The total at 1/8/06 is £xxxx.xx plus court

fees.

"The world wants to be fooled ... so fool it" - Pavel

Link to post
Share on other sites

Hi Hedgehog, I'm at the same stage as you are now, mcol tomorrow for me. I struggled for hours with this and thankfully S.A.R - (Subject Access Request)... helped me by listing the exact wording she used, hope this helps and thanks Sar...

 

P.s, Dont think her name is subject access request but it comes up automatically! And she is a life saver! Good luck Hedgehog, I shall follow your progress and hopefully we both get a bit fat cheque!

 

The claimant claims the return, by cheque, of money

taken by the defendant in the way of

charges over the last 6 years. The bank's

charges are a diproportionate penalty and

therefore unenforcable as they are contrary

to common law. Further, as a

disproportionate penalty they are 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 then they are nreasonable

within the meaning of the Supply of Goods

and services Act 1982 s.15. The bank have

declined to justify their charges. Total

charges of £xxxx

I also claim interest under section 69 of

the County Courts Act 1984 at the rate of

8% a year from xx/xx/2000 to xx/xx/2006 of £xxxx

and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 8%. The

total at xx/xx/xx is £xxxxx plus court

fees.

 

 

 

Louise

xx

Link to post
Share on other sites

Wow, thanks both, will go and update it now!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

ooooooh EXCITING!!!! Thanks both for earlier, all done and dusted today, paid my £120 for MCOL and now claiming £3778...

wonder how long now..., how scary...turn down £2000 and go for lots more....

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

Me too. Filed yesterday (1st Aug). Last one to get paid gets the beers in!

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

Link to post
Share on other sites

sounds like a plan!!

(money claim seems down, can't check it...)

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

pmsl they prob overloaded with claims hahahaha

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

Link to post
Share on other sites

HSBC have acknowledged the claim.

 

ooooo nail biting....

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

Haven't had an acknowledged claim yet but just received an offer from Colin Langdale for £2000. Promptly replied accepting as partial settlement and told them that I would be persuing the remaining £1808!! Just feels from somehow declining 2 grand from HSBC. Fingers crossed!

Link to post
Share on other sites

HAD A LETTER FROM THE COURT TODAY STATING THAT HSBC WERE DEFENDING THE CLAIM.....oooooooooooooooooooooo

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

C**p!!! I think this is usual though Hedgehog isn't it?? I bet I get the same thing too. How many days from when you issue your claim with mcol before you win by default or have to go to court?? On my mcol form it said the court was Northampton, I live near York! Not sure what happens next really, do you know?

 

Have you had an offer yet?

 

Good luck and hopefully they are using scare tactics!!

 

Louise

Link to post
Share on other sites

From what I have read on these forums HSBC first acknowledge the claim. They then let you know they intend to defend. This is followed almost immediatley by the full offer.

 

Have a look at Un1boy's thread (for example). He got a "We intend to defend" on the 1st Aug and then a full offer on the 3rd!

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/9104-un1boy-hsbc-5.html

 

I expect you will get this within the next few days. Don't worry. Having said that, when I get my "Intend to defend letter" I will probably still start bricking it.

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

Link to post
Share on other sites

Also... it looks like you wont be getting the beers in. Me and Weezy are yet to get this far!

--------------------------

HSBC (2 accounts combined) - View My Thread Here

--------------------------

- Prelim Sent: 29/06/2006

- LBA Sent: 13/07/2006

- MCOL Submitted: 01/08/2006

- Requested Judgement: 22/08/2006

- Default judgement issued: 22/08/2006

- WON! Money in the bank: 30/08/2006

--------------------------

Barclays (Other ½'s account):

--------------------------

- Statements Recieved

- Prelim sent: 21/08/2006

 

Link to post
Share on other sites

Also... it looks like you wont be getting the beers in. Me and Weezy are yet to get this far!

 

Woohoooooo... well after the last night out I had I'm not sure if I am ever going to drink again....( 4 day hangover!) Think it might have been more than just the wine!!

 

so if I get a full offer......how long till I can spend spend SPEND??

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

 

Have you had an offer yet?

 

 

I had a partial offer before the LBA but nothing since,

but yes I think intending to defend is usual, or else they are admitting fault...and I doubt they will do that!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

Today recieved a general fob off letter to reply to my letter dated 14th July..

"sorry you don't think our charges are fair..blah blah but we do.....T & C's ..blah blah ...ombodsman..etc..

 

They seem to be all in the wrong order.....

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

Link to post
Share on other sites

I dont think they know their heads from their behinds at the mo! They must be totally snowed under with claims and LBA's etc.... Do we feel sorry for them??

 

Fingers crossed for you Hedgehog, hopefully this time next week we are all a little richer! Do you know how long HSBC have after the claim was issued to respond or settle before we can win by default?

 

Ever hopeful

 

Louise

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...