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    • Thank you honeybee if you would my head is mashed now. You guys our savers.  H
    • You can edit the answers to be in red or would you like me to do it? HB
    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Proposed Group Litigation Orders (Interested Parties)


Tom Brennan
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Hi AA

 

Have you started your hardship claim?

 

Do you need any help?

 

Tuttsi

 

 

Not yet, still waiting for my spreadsheet to be revised from basic charges & 8%, to full claim per http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

 

I have someone assisting me with it but he seems to be a busy man!

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Not yet, still waiting for my spreadsheet to be revised from basic charges & 8%, to full claim per http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

 

I have someone assisting me with it but he seems to be a busy man!

 

AA,

If you are seriously suffering hardship you need to make your claim quickly

What you can do in the meantime is just list your charges and dates and state on it + interest. Normally they do not pay the interest on hardship and they may only pay a percentage.

 

Then you need to get together all your evidences to confirm your hardship under the FSA waiver rules. I mean by evidences confirmation from your mortgage/landlord that you are in arrears, repossession or suspended repossession order, arrears on utilities and or any court claims.

 

You will also need to write a letter stating why you fall under the FSA waiver rules. ie Lost job, illness etc..... and enclose your evidential documentation.

 

Sen it all ASAP to your bank for concideration.

 

The FSA waiver is due to expire shortly, so I think if you are really in hardship the sooner you act the better.

 

I am away for a few days but will look in on my return to help you.

 

Tuttsi xx

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Thanks Tuttsi! I was advised to not panic as it'll be late autumn when things are decided, if then :-o We do qualify for ALL the FSA Hardship waivers. I was about to send it off when I got side-tracked with the Claiming Back (?) thread!

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Tom,

 

Am I too late to join in the fun?

 

Currently have £1000+ outstanding with HSBC (which I have lodged claims for).

 

I dont meet the first criteria but meet the second for legal aid (salary just over the limit).

 

Regards

 

Mailman

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does anyone of a case thats been successful in removing a default registered as a consequence of alleged debt made up entirely of bank charges? Could this be a subject for a GLO?

 

Would be interested to hear from anyone with the same problem.

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Thanks Tuttsi! I was advised to not panic as it'll be late autumn when things are decided, if then :-o We do qualify for ALL the FSA Hardship waivers. I was about to send it off when I got side-tracked with the Claiming Back (?) thread!

 

AA, please give me the link to your hardship claim thread so that I can give you the help that you need.

 

Tuttsi

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  • 1 month later...

recived the first part of my data request from my bank today and amongst the forest of paper is a print out of my hardship request back in 2007 giving my complaint ref and converming its a harship request but its states simply its been put on hold pending test case decision

the reason for the decision to be rejected is given as "huntswood-andovercsr-initial responce letter sent-gogw no -ld"

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recived the first part of my data request from my bank today and amongst the forest of paper is a print out of my hardship request back in 2007 giving my complaint ref and converming its a harship request but its states simply its been put on hold pending test case decision

the reason for the decision to be rejected is given as

 

"huntswood-andovercsr-initial responce letter sent-gogw no -ld"

 

 

 

You could write and ask them to explain exactly what they mean by that.:)

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Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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recived the first part of my data request from my bank today and amongst the forest of paper is a print out of my hardship request back in 2007 giving my complaint ref and converming its a harship request but its states simply its been put on hold pending test case decision

the reason for the decision to be rejected is given as "huntswood-andovercsr-initial responce letter sent-gogw no -ld"

 

Lenny

 

When you wrote to them did you make them fully aware of your hardship by sending them evidences of your hardship underthe FSA waiver rules?

 

1. You need to send them actual proof of eveidences that you are suffering hardship Mortgage/Rent/utilities arrears.

 

2.Any other evidences to support your claim.

 

2. An income and expenses summary.

 

3. You also need to send a letter identifying why you are in hardship - what caused it ie loss of job, illness etc..

 

Do you have your own thread, if you do can you give us a link.

 

Also advise which bank, that would also be very helpfull.

 

We can try and help you more once you give us more info and possibly post up the letter you received, blanking out your personal details.

 

Thanks

Tuttsi

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  • 1 month later...

don't know if this thread is still relevant but i have now received my new data and my claim is now worth over £9,000 without interest as i am getting charges every month now because of charges on my account and am ready to do anything necessary to help other members of this site

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