Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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
        • Like
  • Recommended Topics

Advice needed please!


Alastrum
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5551 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

After a couple of years unemployment due to redundancy, I am finally, slowly, getting my life back on track, slowly clearing debts, and trying to build a small business of my own.

I have a basic bank account with Barclays, which I use solely for the rent, to keep it separate from any problems elsewhere.

I have a current account at Lloyds, for day to day use.

I have a current account and a business account with HSBC.

Due to the recent downturn in the economy, my business is slow to stationary, and I am not actually making any money at all at the moment, although the business is a sound idea and I have high hopes for the future, if I can just get over the last few hurdles. Currently I am living only on Working Tax Credit and Housing Benefit, which works out as less per month than I would get from Job Seeker's Allowance, but has the benefit that I am free to earn money from my business without it being penalised by loss of benefits.

 

Anyway, i am currently overdrawn in both my HSBC accounts, both unarranged overdrafts. This isn't due to unnecessary spending, just my direct debits for things like fuel, broadband, water rates, phone bills etc.

 

However, HSBC is charging me astronomical sums, almost pound for pound: From being £157 overdrawn, I find myself owing them £243, that's £86 in charges!

I appreciate and accept the principle that if I have an unarranged overdraft then I pay a charge for doing so; but a reasonable charge would be something in the region of £20-£30, not almost as much again. As you can appreciate, trying to clear debts when on such a low income is difficult, almost impossible when the banks keep moving the goalposts like this. On top of this, they've cancelled my cards, which I find a bit heavy handed, as a) I wasn't actually using them, and b) it's not like I owe them thousands: the amount I actually owe them is laughably small compared to many other people.

 

What's my best course of action here? Ideally, I'd prefer not to pay these charges, but will they listen if I simply ask them to drop it? Or can I force them to decrease the amount in any way?

 

Many thanks for any help.

Link to post
Share on other sites

Hiya Alastrum and welcome to the HSBC forum :).

 

From the description of your circumstances you seem to have a lot of bank accounts for a small personal and business cash turnover I think you would stand more chance of avoiding charges if you closed or at least claimed your charges back and abandoned your HSBC accounts until things get better.

 

I'm assuming your business is on a sole trader basis trading in your name(not a limited company). I'm pretty sure that you are still allowed to use a personal bank account for a small business on this basis although you will have to be meticulous with your records for the Inland Revenue i.e. make sure you pay your taxes and NI on any money that is taxable and be able to prove what you have done if they ask you to.

 

So if your business account is in credit just remove any money and write to them confirming the closure of that account and use one of your other accounts for business transactions but keep records of what you have done.

 

With the charges on your personal account I would pay a personal visit to your branch and try to get these reversed. This sometimes works in a one off situation, don't try phoning because you will just get the call center and they are hopeless and refuse point blank to even look at giving you back your charges.

 

If they wont reverse the charges then I would start a claim to recover these and take it to at least the letter before action stage. Everything you need to know is in this thread :) but don't be frightened to ask, we don't bite :D

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Once you have done that your account will be in dispute and they shouldn't take any action against you until the dispute is resolved so just walk away from your HSBC accounts, they will keep adding charges but you can add these to your claim. The only way they can recover what they will see as a debt is via the county courts and they will run smack bang into your claim if they try that.

 

HSBC don't play fair and tend to turn a blind eye to the strict meaning of the various consumer protection laws and codes so anything they send you just post it up here and we will advise you what to do and say to them :D.

 

Good luck and keep us posted how your getting on :)

 

pete

Edited by Castlebest
Link to post
Share on other sites

Hi, thanks for your response.

I was more or less co-erced into getting the HSBC accounts: I was part of a New Deal scheme aimed at getting people off benefits and into being self-employed, and part of the package involved getting a business bank account. The recommended bank was HSBC, presumably because the scheme had some sort of arrangement with them. The other accounts are there as parachute accounts.

I take on board your suggestions about trying to deal with them on a personal level: I'll certainly give it a try, although my actual branch is many miles away from where I currently live, and getting hold of them on the phone is well-nigh impossible: I'm far more often likely to end up talking to a call-centre in India!

I currently have a stayed claim for over £4000 in charges against NatWest, dating back to Summer 2007, just prior to the OFT case being launched: annoying, because if that claim had gone through, I wouldn't be in this mess now:)

I'll try the personal approach, and if that doesn't work, I guess it's time to start another claim: after all, why not?:)

Many thanks for your help!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...