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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Hello!

 

I've been a member for a month or so and found it superbly helpful and informative.

Here's what has happened to me so far:

 

*I sent the initial letter requesting statements - I received a letter back saying "they are on their way" and we would not need to charge £10 - funnily enough, the £10 wasn't refunded in my account!

 

*The statements arrived - 6 years worth - TWICE!! The postman was sweating like mad...!

 

*After wading through them, i've amassed a whopping £2,412.50 in charges plus £216.61 debit interest in a 6 year period. I've totalled up monthly charges levied (which in the first 2 yrs was at least £27.50 a month aside from the individual charges...) and have included Unpaid item charges, Recall SO-DD charges, Card misuse charges and Unpaid bill payment charges.

 

*I completed the spreadsheet and templated letter and sent it off.

 

*This morning, a letter came back from David Johnson in Customer Services, not agreeing with the request for repayment, pointing me to clauses 7.11-7.18 of HSBC's standard T & C's in respect of unauthorised overdrafts. It goes on to say that the fees payable are set out in the published list price and the bank has to consider whether or not to pay the item. The letter then says, if my claim for a refund proceeded to court, they "therefore believe they would successfully resist any legal challenge in relation to the fees."

Underneath that, they say they are prepared to review any charges that I believe were incorrectly applied under their T & C's if I specified them.

 

My question to the forum is:

 

Would it be reasonable to ask for all the charges to be refunded OR just any amount over £10 - ie...what would be considered reasonable following the OFT report? If that is the case, it would be £870 in charges they would refund, if I was to pay £10 for every item listed.

 

Any help would be appreciated.

 

THANKS!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Hiya - good luck with your claim - I don't think (but I am no expert) you need to deduct 10. 00 frpm each charge. I haven't and ive not been corrected by anybody yet - claom for the full amount - thats what I have done - good luck.

 

Sarah

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Hi Sarah,

 

Thanks a lot for that - if nobody suggests different, then that's what I shall do!

cheers,

 

Les.

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Just to add...the bank must be in a tizz...their letter to me is dated 27th May 2006!! The LBA will be sent recorded delivery tomorrow!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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The OFT didn't suggest that £10 would be a fair or reasonable charge.

 

And as the banks won't tell us what their actual costs are, we can't claim the difference, so go for the full amount.

 

Good luck!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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the oft report said that, anything over £12 will be investigated further, however they made no admission that the £12 charge was fair or indeed reasonable

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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Thanks for that - it all makes the banks argument as clear as mud eh?!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Just had a thought after reading a couple of other profiles.

 

I'm aware that the Bank (if they agree to pay up...!) may close my current account - no probs as i'm with someone else now. I've already closed my Savings Account (that was a joke lol) but still have a Mastercard.

 

Has anyone had HSBC pull their credit card account on them too?

 

:confused:

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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no i dont think so, just current accounts have been closed, afaik

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...

I received a letter this morning from Colin Langdale offering me £1,950, along with the lineage of "...fees are clearly set in our published price list and personal banking terms blah blah...If your claim proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees." The it goes on to say....

 

..."HSBC is, however, mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For this commercial reason alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you for the sum of £1,950.00, representing the charges applied in full and final settlement of this matter."

 

It then asks me to sign and return one of 2 copies accepting the payment within 10 working days etc.

 

Firstly, i'm not accepting it and I intend to take them to court, but a couple of questions:

 

1. Can I input my MCOL now, bearing in mind, I posted the letter to them on the 7th and they received it on the 10th (just thinking about the 14 days...)?

 

2. Any thoughts on the correct wording to reply - ie..."I will accept this as part payment of the full amount blah blah...?

 

cheers!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Hello,

 

Can anyone help with my question above about the 14 day time frame forbefore submitting the MCOL?

 

ALSO...looking in FAQs, there's only limited info as to what to put in the wording on the MCOL - can anybody guide me please?

 

Ta :wink:

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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14 days from the 7th is the 21st which was Friday, so yes you can submit the claim!

 

There is a guide to completing Moneyclaim in the templates section but it is a guide, not a template so use that and adapt it to suit your needs.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks for that! MCOL done now - wish me luck!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Hi people!

 

Quick update...got a letter today that was pp'd from Colin Langdale, following my request for the full amount of 2629.11 rather than the 1950.00 they were offering.

 

The letter says the usual bank waffle about "the bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable..." then more waffle about T'c and C's I agreed to.

 

The final bit says "...whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the bank's position.." (terrible grammar!!) NOPE!!

 

"If you are not satisfield, refer to the Financial Ombudsman Service...blah blah...this represents our final response on this matter."

 

MCOL sorted already and let's see them in Court - i'm more than ready for the fight!

 

Grrrrrr - they make me so angry with their arrogance!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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they are hoping most will say ok the bank must be right and back off

THEY ARE SO VERY WRONG

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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I've also just seen the Working Lunch programme on BBC 2 on bank charges - WHAT A CRACKER!! Hooray for justice...! That lawyer from Which deserves a medal!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Share on other sites
Hi people!

 

Quick update...got a letter today that was pp'd from Colin Langdale, following my request for the full amount of 2629.11 rather than the 1950.00 they were offering.

 

The letter says the usual bank waffle about "the bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable..." then more waffle about T'c and C's I agreed to.

 

The final bit says "...whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the bank's position.." (terrible grammar!!) NOPE!!

 

"If you are not satisfield, refer to the Financial Ombudsman Service...blah blah...this represents our final response on this matter."

 

MCOL sorted already and let's see them in Court - i'm more than ready for the fight!

 

Grrrrrr - they make me so angry with their arrogance!

 

 

HI Les,

 

I'm in the same situation as yorself. Same sort of figures !!!

 

Just counting the days for court action. Quite annoying really, as they'd already made me an offer.

 

So i guess the 8% is now added at this stage as the courts are involved?

 

Not sure about yourself but, i ain't looking forward to this:???: :???:

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when was it on les

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 Angela,

 

Click on the link and go and see todays programme - you can skip to about a third of the way through - the piece is after all the Shares rundown.

 

BBC - BBC TWO - Working Lunch

 

:)

 

MEMORYMAN - stay strong!! We're British and people think we're pussycats because we're liberal and hate the confontational aspect of life. Perhaps that's why we're bloody pushovers!! No more eh!

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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omg thats amazing might be worth putting in its own thread i think alot of people would like to see that as this fight can be v downhartening just to show them they r right to fight

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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There is a subject thread dedicated to press coverage Angela

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-print/19146-bbc-working-lunch.html

 

Hopefully it will get looked at - gives you bags of confidence to move forward.

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Evening!

 

Just checked MCOL and defence is going in - is this a normal thing then?

 

If not, i'll just buy a new suit and brush up on the facts lol! ;)

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Share on other sites

dont worry you will prob receive a letter from the court on monday saying the bank have filed a defence, followed by another on tuesday from the solicitors offering full settlement, nearly there

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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A letter arrived today asking me to provide a breakdown of the charges.

Done and sent recorded delivery (to make sure!) ;-)

 

See what happens now eh?

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

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Share on other sites

from what ive read you will get an full refund next well done nearly there

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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