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    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
    • RE: EC261 Compensation   It's normal they won't have asked you to contact them . Your initial rescheduling was obviously done by a bot - and there was no human to notice the mistake, as far as the bot knew your scheduling was perfectly normal so there was no need to ask you to contact them.   As long as that was done 2 weeks in advance the carrier's liability to notify you is fulfilled.   (You could have contacted them there and pointed out that the new schedule was impossible. Unfortunately you didn't. Claiming you didn't notice is not likely to work in your favor)   The bot who sent you the 24h confirmation didn't notice the mistake either, obviously.   At some point a human or another bot finally identified the problem and that's when they called you. As far as they are concerned neither you nor them had noticed the scheduling mistake and they took it on them to notify you so you don't have a bad surprise when you try and check in.   However as far as I know, neither flight was delayed or cancelled. You could have taken both flights, if you had the power to be in two places at the same time.   So I don't think there is any scope to claim for EC261. But claim forms are free so feel free to try.     Then, you can certainly make an old fashioned claim (directly to BA)   What could perhaps play in your favor:   It's the carrier's responsibility to ensure that they don't sell you a ticket where the flyer cannot meet the minimum connection time or MCT.   This situation mostly applies to situations where the flyer doesn't know and gets caught. For example say you connect at LHR and you are given 35 minutes to connect. This may look just fine to an unsuspecting tourist, but in reality there is practically zero chance to make the connection, therefore the airline is liable here for selling you this ticket resulting in you missing your connection   In your case though it could be argued that even an unsuspecting tourist should be able to tell that it is not possible for them to depart 5 minutes prior to disembarking and therefore that you should have checked your notification more carefully.   The fact that the bot allowed such a glaring mistake to happen is certainly an argument in your favour shall you decide to make a complaint.     What doesn't play in your favor:   The airline obviously did their best to get you to your destination as soon as they noticed their mistake. They offered you more than one alternative (the first alternative would have got you in time at your destination, but you declined) and you then accepted another alternative, and fully travelled the ticket. That is a very strong position for them.     What did you lose and what do you intend to claim for?   You took the overnight connection so obviously you had to stay at an airport hotel. Is that correct? Did you keep the receipt for your hotel and meals?   You certainly should have asked them on the phone when negotiating your re-route that they provide a hotel. Within 20hrs of the flight it's something they would most probably not have denied to you (but airlines will generally avoid offering off the bat. Why lose money when a customer is just going to roll with it and pay for their own stay anyway, right?). After the fact it's going to be a lot more difficult to claim.   I do certainly think it would be reasonable to try and write them a polite but firm letter to claim for that. Not 700 euros, not damages and hardship and all that jazz, just the extra expense you incurred following a scheduling mistake that they made (that should have never happened) and that they didn't notice until way too late in the day , with your categorical inability to leave 3 hours earlier (you had very important business meetings or something critical, it certainly wasn't just convenience) and the extra costs incurred, and asking that they kindly provide compensation for the hotel and meals, which you feel it was their duty to offer you and you are politely disappointed that they didn't, and thafully you happen to have kept all the receipts. Put Alex Cruz on copy for good measure.   No guarantee but I feel it has a fair chance of success. Most probably you will be offered a heap of Avios instead of cash. It's then up for you to decide whether you want to accept that. Personally I wouldn't bother going further, but that's just me. See if anyone here disagrees, and do let us know what you decide and keep in touch with how it went.            
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Magicmerlz V's Hsbc


magicmerlz
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Hi folks

 

Posted my initial letter and schedule today (recorded of course).

 

Thanks to all who offered answers to my previous questions - will keep you all informed.

 

Regards

 

Magic

 

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

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

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  • 2 weeks later...

Hi folks

 

Quick update for all you newbies on what to expect next - received a reply from HSBC in response to my initial letter. I assume it is a standard reply that we SHOULD all be getting. It quotes a reference number for me to use in future correspondence and -

 

Dear .....

 

Thankyou for your letter ......BLAH BLAH .......we are looking into your concerns.......BLAH BLAH .....Please give us ample time to fully investigate....... BLAH BLAH.............we shall be in touch when results are known.

 

HSBC - Customer Service Team

 

They also included a standard leaflet explaining how complaints are dealt with - load of rubbish if you ask me.

 

Anyway I shall be sticking to the original timetable regardless of this letter so the next one will be winging its way to HSBC on Friday.

 

Oh I nearly forgot another £100 charge added to this months statements, which will of course be tagged onto the next letter.

 

Regards to all

 

Merlz

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

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Hi Folks

 

Was going to send 2nd letter today, but got this in the post this morning.

 

 

 

Dear MAGICMERLZ

 

Thank you for your recent letter concerning charges applied on your account.

 

I can confirm that the charges have been correctly calculated and it is not the banks usual policy to refund charges correctly applied in accordance with our published tariff. This being the case no refund is due.

 

We do not agree with your contention that the charges that have been imposed by the Bank constitute a penalty clause and are therefore unenforceable.

 

The contract between the Bank and its customer is governed by HSBC's standard terms and conditions. In respect of unauthorised overdrafts, the relevant clauses are 7.11 to 7.18. In these circumstances, there is a process that involves the Bank considering whether or not to pay the item. A fee is payable for this and the fees are set out in the published price list.

 

We enclose a copy of the relevant terms and conditions and a copy of the latest price list for your information.

 

Thankyou for taking the time to bring your concerns to the Banks attention. I am only sorry it was necessary for you to do so. I hope that matters have now been resolved to your satisfaction. However should this not be the case, the attached guidance sheet explains the next steps available to you.

 

Yours sincerely

 

David L Johnson

Customer Service Officer

 

Included with the letter was a copy of 'Personal Banking Terms & Conditions' a 'Listening To Your Comments' leaflet, and a page titled 'FULL RESPONSE' basically saying that they hope I am now happy with the attached response and as a consequence they now consider the complaint fully resolved.

 

If they do not hear from me within the next 8 weeks they will consider matters resolved.

 

Incidentally there was no copy of the Banks standard charges and I have never had one of these at any point.

 

My question is this - Is this another standard 'please go away' letter, should I ignore it and carry on with the next stage, or be concerned. Again any help is greatly appreciated.

 

Regards to all

 

Magic

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

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I have seen this letter before, ignore it and continue with your timetable :)

REFUNDED

Hubbys - HSBC £4,165 paid 18/8 after MCOL issued :)

HSBC - £651 paid 18/8 after MCOL issued :)

HSBC - £147 Prel 7/8, LBA 21/8, MCOL 6/9 £241

Hubby Halifax - Prel 29/7 £215, LBA 21/8, Offer rec. £110 22/8, MCOL 6/9 £298

Abbey - £2758 - Prel 26/6, LBA 10/7 - MCOL 26/7 £3,391, offer 25/8 £1,755.94, paid £3567.32 after Case manag hearing

Barclays - £675 Prel7/8, LBA 21/8, offer received £300 MCOL 6/9 £998 - Paid £1,012 before going to Court

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  • 2 weeks later...

Hi Folks

 

Quick update for you.

 

Posted letter before action on 17th July - and yesterday received another copy of the - 'you have been charged in accordance with our stanadard terms and conditions therefore no refund is due....' letter.

 

Looks like I am going to have to go through moneyclaim. I will keep you all up to date.

 

Regards

 

Magic

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

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good luck not that you need it we are all behind you 100% im 2 weeks behind you and i cant see them giving in to mine so ill be heading the same way as you

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 ;)

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Hi Folks

 

Just a quick question that I need a bit of advice on.

 

I am today going to complete my moneyclaim form, but since I started this whole thing a few extra charges have been applied to my account.

 

Now, if I add these new charges to the current total that they owe me, it takes me over the 6 year claim limit by one month.

 

Do I just add them on and hope I get them back or do I have to calculate a new total owed based on 6 years from today 31/07/2006?

 

 

Hope this makes sense.

 

Regards to all.

 

Magic

 

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

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

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Hi folks

 

This is my moneyclaim text (exact amount of characters) feel free to copy if you want. Please let me know if ive missed anything - all opinions welcome good or bad.

 

 

 

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.

 

 

Regards to all

 

Magic

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

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I know its a bit late, but yes you should add all charges, as the 6 years is from the date you first asked for a refund..

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

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Good luck Magic- I'm just ahead of you.

Barney2002 - If you want to see how I got my money back, click http://www.consumeractiongroup.co.uk/forum/hsbc-bank/11376-barney2002-hsbc-round-one.html.

 

HSBC

15/08/06 - £4955 paid in full from HSBC!!!!!!! 'Ave it!!

OTHERS

04/08 - Conf rec'd from Capital One - sending statements

07/08 - Conf rec'd from Tesco Finance - sending statements,29/08 sent prelim for £282

10/08 - Conf rec'd MBNA - sending statements.02/09 prelim for £437

10/08 - Conf rec'd Morgan Stanley - need to send ID - sent 11/08,rec'd letter offering £96(rejecting), 02/09 prelim for £220- Rec'd £240 few days ago.

 

If any advice I give is helpful then please hit the scales - Top Right. Thank you.

 

** For Every bed I sell to a CAG Forum member, I will donate £50 to the CAG **

 

Visit my site for the full range of Hand Forged Beds at

www.classicsiniron.co.uk

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  • 3 weeks later...

How are you gettin gon Magic? I believe you are in teh same boat as me in that its 10 days since "Deemed Served" and still no acknowledgement. We can send the bayliffs 'round together if you want?

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

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

 

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Hi Wardyboy

 

No response at all from HSBC since I filed my claim, not even an acknowledgement, I am still at 'Start' on the MCOL website.

 

They have until Monday then we win by default, unless of course they advise that they are going to defend before then in which case they get another 14 days grace.

 

I assume if /when we win by default we get a letter from DG solicitors asking for breakdown of charges and then they just pay full amount plus the court costs.

 

Heres hoping for NO post tomorrow, Saturday or Monday.

 

Good luck

 

Magic

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

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Its funny really... When I first filed the claim I was desperate for some post to get things moving along. Now I don't want any becuase its going to be quicker to win by default!

 

Fingers crossed

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

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

 

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Hi Folks

 

No post over the weekend or today so midnight tonight I shall be asking the courts to request a win by default.

 

Anyone know what to expect after this stage? Myself and Wardyboy1 are both in exactly the same position.

 

Regards to all

 

Magic

 

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

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

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EEEEpppppp... getting nervy now! half a day to go before the default win! Keep the fingers crossed.

 

PS... Its WardyBoy2 not 1, but you can just call me WardyBoy! (LOL)

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

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

 

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Hi Folks

 

Well I've not heard a thing from them since I filed my claim with MCOL so I have today requested judgement by the courts which means I win by default, as they have not entered a defence or admission to my claim.

 

Not too sure what happens now as I've not seen anyone get to this stage before - can anyone advise?

 

Myself and Wardyboy are in the same boat so will keep you all up to date.

 

Regards

 

Magic

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

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I had a full offer today!!! crossed out the confidentuality bit and sending back recorded today!

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

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Magic... Has your request for judgement been approved and issued? Mine was so the bank should get our orders today. What the hell do we do now?

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

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

 

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Hi Folks

 

Requested judgement yesterday and today it has been accepted and issued.

 

Wardyboy - I think we just wait now.

 

They should get ..whatever it is they get... in the post within a day or two then I would expect either a letter from DG solicitors or more likely the money in our accounts.

 

Either way we have won as no defence can now be issued.

 

Can anyone confirm this?

 

Keep watching your account balance just in case it drops in there without warning, I read on someone else's post that this is what happened to them.

 

I wonder how long we should give them? Personally I think a working week is long enough, then we send the bailiffs in.

 

Again, if anyone has been this far could they offer some guidance.

 

Will keep you up to date with any breaking news.

 

Regards

 

Magic

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

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Any news magic? I've heard nothing (other than confirmation of my judgement from the court).

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

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

 

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Hi all

 

Not heard a thing after winning by default last Tuesday (22nd), so I am sending a letter today saying that they have 5 working days before I send the bailiffs in.

 

I will keep you all informed.

 

Magic

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

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Which address are you going to send it to? Then London one used for the Mcol stuff, or the ones used for the other letters? There's about 4 of us all won by default at the moment. Just waiting to see what happens to who.

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

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

 

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