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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
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Skye vs HSBC.... "at appropriate time"


skyelet
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okay so my bank is still putting more and more charges onto my account and my claim has now been filed.... how do i stop my bank putting more charges on?

 

they are charging me a further £25 this month, and my husband £125 coz when they took this months charges it threw us both right out

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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Aren't you operating a Parachute account skyelet -i.e a separate bank account where you can have your money paid in and use it for day to day expenses without going overdrawn.?

 

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

That way they can't get at the money you need to live on and so you are not 'thrown out' by any charges they may care to make, which you will eventually add to your claim.................:)

 

PS - I'm told the Nat West is pretty good on this one........

Edited by johnnymitch

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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i cant open a natwest account as im "hiding" from them atm

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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i applied for a RBS joint account today, me and hubby are gonna consolidate our finances, application was sucessful and we both get debit cards, cheques etc....

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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okay so i called the court today to find out what was happening with our claims, and was told that both mine and my OH's claims have been stayed.

 

i now need to amend the amount claimed for as stated above....

 

I originally was claiming 263.47 but will need to add approximately £100 on to this figure, and my OH was originally claiming 207.70 and will need to add approximately £150 onto this figure....

 

 

how do i go about amending my claim and does it cost anything?

 

Also, how do i appeal the stay on the basis of hardship?

Im currently on maternity leave and receiving SMP (£120 a week) instead of my usual wages....

 

Would this count as a hardship case as I will be struggling to meet my day to day needs soon.

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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do i write to my bank or the court about hardship?

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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oh and what do i do with this?

 

huhgk8.th.jpg

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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  • 3 weeks later...

okay i was JUST about to write a letter RE: hardship as i am now on SMP not my usual wages and noticed the OFT ruling is out today !?

 

worth still writing about hardship or wait till 4.30 ?

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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okay i was JUST about to write a letter RE: hardship as i am now on SMP not my usual wages and noticed the OFT ruling is out today !?

 

worth still writing about hardship or wait till 4.30 ?

 

I read somewhere on here that if the banks lose they will just appeal it anyway.For the price of a stamp..........

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I just recieved a copy of my banks defence....

 

Do i need to do anything yet ?

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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Hi skyelet - have a read of the step by step guide :

 

Step By Step Guide - Consumer Wiki

 

click on Item 10 on the contents box that should get you to what you need to do............:)

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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PS - subsection D - if they have entered a defence you should have something from the court asking for an Allocation Questionnaire (AQ) - No?

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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nope theres nothing asking for an AQ, just a copy of thier defence.... nothing else

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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Might be better to ring the court and ask for their advice skyelet :)- they may have dispensed with AQs because the case will be stayed anyway....... but best to check ........... read section D again just to refresh your memory...........

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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okay i shall ring the court on monday morning and ask about the AQ, and also mention to tem about the hardship...

 

might be worth still tryna settle with my bank, this is a copy of what im sending to the bank in the mean time...

 

MY ADDRESS

 

HSBC Bank Plc

Service Management – CRT

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

Notice of Consideration for Hardship Status

Date: 08.10.08

Claim reference Number: xxxxxxxxxxxxxx

Account number: xxxxxxxxxxxxxxxxxx

Dear Sir/Madam,

Further to letters sent to yourself on 9th June and 15th July 2008, and letters received by me on 13th June 17th July 2008.

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

I would like to explain that I am currently on extended maternity leave because of pregnancy related illness and as such am on extremely lower wages than that I would normally be getting. The charges you are taking from my account on a monthly basis are simply making things worse, stopping us from meeting daily living expenses and forcing us into more and more debt.

Please note my claim currently stands at Liverpool County Court and amounts to £418.95 which includes interest and court fees. I would be happy to accept a goodwill gesture payment of £400 in settlement of this claim.

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

Yours Faithfully

xxxxxxxxxxxxxxxxxx

Enc; Financial Statement.

Data protection act 1998.

I give my permission for you to process/use data related to me, in the course of processing my claim/enquiry to a satisfactory conclusion.

Signed

Name xxxxxxxxxxxxxxxxxxx

Date 08/10/08

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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That letter seems fine to me , Skyelet, - :)

 

Did you phone the court - and are you clear what they want you to do now?

 

btw - I don't think the court will get involved in advising on hardship - that's more appropriate for FOS to deal with , I think .

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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ooh, i forgot, i shall ring them now hehe...

 

ye ive sent the hardship letters to my bank, one on behalf of me and one for my OH.. hand delivered today

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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the court said the claims have been stayed... so i need to await my banks response

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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just a case of wait and see then , skyelet :)- come back when you hear more from the bank

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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will do :D

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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  • 2 weeks later...

okay just spoke to customer services team again, they gave me a number for some "financial guidance team" and the number 0845 6006423. rang this number, only to find im now speaking to someone in india who wants to discuss the charge applied yesterday!!!

 

i asked him to put me through to the financial guidance team, and ive now been on hold for 10mins.

 

still waiting....

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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HAHAHA.... we are now 20mins into the call. hes gone to check with a manager to see if he can take this months charges off. but told me i have to wait for the outcome of the test case to get any more.

HSBC Credit Card - CCA sent 16.09.08 - Received a blank form

Barclays Partner Finance - CCA sent 16.09.08 - Recieved nothing

GE Capital Bank - CCA sent 16.09.08 - Received signed true copy

Argos Card Services - CCA sent 16.09.08 - Received nothing

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