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    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      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.  

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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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      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.

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      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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capquest to start litigation


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hi ive been dealing with hsbc over a bank loan and overdraft i owe them sent a sar request in 7 july 2008 recieved a letter back saying need to verfify me ,i contacted the fos and told to complain to hsbc first then , complain to them , sent a letter off to hsbc , never contacted fos again , need ive got a letter from capquest stating their going to start litigation to resolve this matter i dont know what to do ive just printed off the cca request to both capquest and hl legal as i had a letter of them aswell this week ,i did write to capquest and told them that hsbc account was in dispute but now they they done this panicking abit now as ive got ahouse and dont wont a charging order please help

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hi ive been dealing with hsbc over a bank loan and overdraft i owe them sent a sar request in 7 july 2008 recieved a letter back saying need to verfify me ,i contacted the fos and told to complain to hsbc first then , complain to them , sent a letter off to hsbc , never contacted fos again , need ive got a letter from capquest stating their going to start litigation to resolve this matter i dont know what to do ive just printed off the cca request to both capquest and hl legal as i had a letter of them aswell this week ,i did write to capquest and told them that hsbc account was in dispute but now they they done this panicking abit now as ive got ahouse and dont wont a charging order please help

 

If HSBC never complied with your SAR, then they should not have passed this on to a DCA. Also, Capquest have just sent you their standard drivel - they have no powers to do anything. If you have never received your SAR information from HSBC then send the following letter to Capquest:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with HSBC and has been since DATE .

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As HSBC are now in default of my Subject Access request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Subject Access request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the HSBC for resolution of these defaults and breaches, as Capquest cannot lawfully pursue any enforcement activities.

 

If Capquest chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

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thanks for the reply i was just about to reply to their offer on paying the debt back .i did send letter to capquest like the 1 above and all i got was 30 day cooling off for hsbc to contact me which they didnt ,i dont know what to do send another letter like you said plus a cca request ,would that help ?

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