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    • I don't think I've ever seen someone appeal a mags court decision on fare evasion, JK, but as you say in this case TiredDodo has pleaded guilty. It is possible to challenge, as below. HB Appeal a magistrates’ court decision: Overview - GOV.UK WWW.GOV.UK How to challenge a decision by a magistrates' court. Including how to get a fine reviewed, if you did not know about your case, how to appeal to the...  
    • Update! I have now opened the mail from Barclaycard. I am assuming that their letters were prompted by my confirmation to them of my change of address, which I had advised them of twice. They are treating my change of address notification as a "General Data Protection Regulation Right of Access Request"  and state that I have made a "Right of Access Request. They are asking me to provide valid indentity documents! I have made no such request and am minded to ignore their request for extra information? I should add that their letters were sent to my correct current address!
    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
      • 161 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
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Weezypoos v HSBC / WON


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At least theres light at the end of the tunnel and you know you will get it back eventually. Fingers crossed for you!

 

I dont suppose you have the powers that be to change by thread title do you Martin? I wanna add **WON** on the end for all to see.

 

Thanking you

 

Louise

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Weezy..I PM'd a Moderator to change my Halifax one...just find a Moderators message anywhere, Click on their name and you can send them an individual message, ensure you put your title in that it is now so that they can find 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

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:mad: still no cheque, just phoned them they have posted it on 16th august and now cancelled it.....:?

they are sending a new one today told them it had better be first classs, i also sent a letter to their solicitors yesterday quite a snotty letter giving them 5 days to get my cheque here.....

my lba for my managed loan goes out to them tomorrow !!!:)

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  • 1 year later...

Wow, its been a while since I was here! CAG still doing a wonderful job I see!

 

I wondered if anyone could possibly tell me whether or not I can claim a 2nd time against HSBC? I have now closed my account with them and have another with Natwest. There were some charges went out of HSBC after my last claim but because I claimed for the full 6 years the first time around, I wondered whether I could claim anymore? I'm not bothered about account closure as I've done that already!

 

I'm sure this has been answered a million times already but thanks for any advice anyway!

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Hi Weezy. You can claim for charges a second time as long as they are within the 6 year time limit and you haven't claimed for these before. The only problem is the account closure but as you are not worried about that now then there is no problem.

 

 

 

Important! Calling all HSBC claimants!

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Hiya Weezy, as Freaky says the only problem with claiming a second and third time is HSBC don't like it and tend to find an excuse to close your account this is not a problem with you.

 

I'm just toting up the charges for my third claim :D as for success rate, they still have no real defence of what they are doing with charges so if they keep charging we keep claiming and the success rate is the same for first claim or multiple claims.

 

pete

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Thanks Pete, thats reassuring to know, I thought maybe 2nd time round I may have to play a little harder but hopefully I can claim again.

 

Do I do anything differently this time round? I guess I'll have missed quite a few developments since last year so I'm swatting up on the site!

 

Best of luck with your claims, its sounds as though you have things under control though!

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The biggest (and only real) change is the OFT test case which has put everyone on hold until January or February next year but by the time you have your prelim letter, LBA and claim submitted we will be almost there :)

 

This thread tells you all about it

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/107583-oft-test-case-what.html

 

pete

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Very many thanks, interesting reading!

 

Can I ask one silly question which I really should know? How on earth do I calculate the interest? I know the 8% goes on when it gets to mcol stage but I didn't include interest on my 1st prelim letter. How do I know what interest was caused by the charges?

 

Sorry!

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If you are going to try and claim back the interest that they have charged you eg debit interest that showed up on your statement, then you will need to use one of the advance spreadsheets in the bank templates library. these spreadsheets calculate the proportion of interest that you can claim that relates to the charge that has been levied. If you haven't done your LBA letter yet, I would adjust it to include the interest you are claiming. One other thing though, if you go through MCOL, your claim will automatically get stayed. If it is possible, try and use the form N1 and pop it along to your local court. I am not saying that this will mean that your claim will not be stayed, but at least your claim will not have to go through the transfering process from MCOl to your local court.

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[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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