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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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Ombudsman complaint against account closure


Sarrahk
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VERY INTERESTING DEVLEOPMENT... I SPOKE TO THE BANKING CODES REGULATORY BOARD (WEBSITE ADDRESS ON MY ABOVE POST)AND THEY WERE VERY HELPFUL!

 

I spoke to a lady called Jane Mckew who said that they cannot deal with individual cases & just referred me back to ombudsman.

 

She then went on to tell however that her chief executive has been very concerned about the recent developments with banks now seeking to close accounts after complaints are made about charges as it affects the people struggling most of all and she asked me if i would mind if my case was flagged up to the chief exec! I of course said I dont mind that at all and would be grateful in fact if she did flag it up...

 

5 mins later i have had a call back from Jane, saying she has just spoken to chief excecs assistant (cheif exec is on holiday) and they are interested in making an exception to investigate the matter further, given the concerns they have at this new tactic banks are using & they are going to speak to HSBC for me.. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

She explained they deal with compliance of the codes and i should still follow up my complaint with the bank and ombudsman.

 

She has also advised me to write immediately to HSBC to ensure they do not offset my salary aginst my £900 o/draft when it comes into my account (just make it clear i am willing to make installment payments to them) as they can do this so i am firing that letter off straight away

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Hi Sarah.

I am in the same situation, only that HSBC gave me just 14 days to pay back my overdraft. But I am sure they will close my account as well. A tip for everybody: Get another account before you start the procedures, just to be on the safe side. I went to Alliance & Leicester and had no probs!

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Hi guys, any developments with this Sarah? What happened with the Banking Code people and did they close your account? Hope HSBC allowed you to pay the od by instalments.

 

Let me know!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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great news sarah. lets hope that they make a ruling on closing accounts did you get that link from the bba website?

HTH (Hope This Helps) RDM2006

 

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Hi Sarah,

 

Going back to whether they can demand repayment within 30 days of the overdraft - has anyone been able to clarify this for you?

I would certainly anticipate that they will demand the money, but you simply have to show that you do not have the funds to do this and offer them a reasonable amount each month. They cannot insist you pay if you show them your existing arrangments for the debts you are currently clearing, they will have to accept an amount that is reasonable.

Don't be too quick to offer them £100 per month - it sounds easy now but far better to offer them £40 and manage to pay it with no worries and no chance of a missed payment and them calling in the debt!

 

Good luck with the ombudsman - HSBC have really picked on the wrong customer! Go get 'em!

Dinahjl :grin:

HSBC - 2 Accounts - owe us £5.8K

10 Aug offer received of 50% owed on smaller account. We Replied and REJECTED offer

11 Aug 2nd offer made on same account - £500 higher! REJECTED AGAIN

18 AugMoneyclaim submitted for £3848 on main account. ACKNOWLEDGED 23 Aug.

30 Aug Moneclaim prepared for 2nd acc £2389.56

9 Sept RECEIVED OFFER IN FULL SETTLEMENT OF £6134.30:-D :-D :-D

 

If you have found my advice or comments helpful - please rate them by using the scales above. THANK YOU:)

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Hi folks... well not much new to report at the moment.

 

I have not heard anymore from Jane Mckew at the Banking code standards board as yet. Last I heard the assistant chief exec was looking into my case & would be contacting HSBC (this was fri) so i think i will leave it a couple of days and then chase mid week.

 

Nothing more as yet from the ombudsman..

 

I spoke to head office complaints at HSBC on Fri and warned them of all steps i have taken and someone is apparently looking into matters there and suppose to be calling me within 5 working days.... we will see but i am not holding out!! Interestingly, apparently there are no notes on their system to say they are closing my accounts despite the letter i received??!!!

 

My accounts are not due to be closed until 27th August and as yet they have not written to me to make arrangements about repayment of my o/draft. I have however put in writing to them that if the account is closed i will be repaying in installments and realistically i dont think i can afford more that £50 a month so I just intend to start making those payments once my salary comes in (i have also written to make clear they cannot offset the debt against my salary).

 

Will keep you all posted, i intend to fight this as far as i can as i think it is a disgrace!

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This is the email i received from the BBA. basically they just refer me onto ombudsman and the banking code standards board who have both already agreed to assist and look into my case.

 

There links to the banking code are quite useful though.

 

Thank you for your e-mail.

 

As a trade association working on issues on behalf of our members in the

UK financial services industry, we do not have a regulatory role and

therefore cannot assist in pursuing your complaint.

 

However, I attach links to a copy of the Banking Code and to a bankfact

that we have produced entitled complaining to/about your bank.

 

http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=347

http://www.bba.org.uk/bba/jsp/polopoly.jsp?d=262&a=390

 

Kind regards.

 

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Thread hijack coming up!

 

This has happened to me as well :( I was away for work in canada for a month and I came back and found today my account is supposed to be cancelled! Their letter was dated 3 days after I left the country, and the 30 days period ended today, i only arrived back in UK yesterday.

 

Anyway, I called their telephone banking and they didn't have a clue, so I went into my branch and I was helped quite a lot actually - anyway the reason for this hijack is that it's not because of the complaint they have closed my account, it's because even after they paid me some fees, I went over my overdraft once more, so they have decided i can't run my account well enough.

 

The interesting thing is that my account isn't closed yet even though they said it would be, and while i was away I paid in a huge cheque which put me well in the black, and actually cleared my overdraft facility. While i was on the phone to them they didn't even mention that the account was due to be closed which they should have done.The woman at the bank has written a huge note with an appeal for me to leave the account open but we shall see. They are supposed to telephone me to let me know one way or the other, but if they still intend to close the account, she's asked they give me 30 days more grace. And apparently you can *always* get a bank account with somebody so there's no need to worry about being stuck in limbo (this was my concern too)

 

Anyway, good look Sarah hope it works out.

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(As regards your online shopping, I have recently got myself a pre-pay mastercard, I know you have to put money on it first, and it takes a day or two to be added onto your card, but I have already found it to be a great help when, as you say, doing online shopping or even down at Tesco!! Apparently you can even get your wages paid onto it, so it is almost like having an account with a credit card! It was www. mycashplus.co.uk I intend to run the two together, get my wages paid into Nationwide, and then transfer a lump each month onto the credit card to use.

Hope this is of help!!)

This sounds like a brill idea and you can't incurr any further charges etc.... I don't know about anyone else but this whole site and the realisation of just how much The big boys have taken off the little guys has been a wake up call for me. Done the angry thing now it's a question of don't get mad get even.

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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boobaby i have the exact same card they are fantastic not had any problems with it and ive joined up about 5 other people to them as well

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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Angela 1606 - You should be on commission!! Just signed up for one tonight, 2 new bank accounts yesterday all just in case.

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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lol i have had commision on 2 of them if you reccomend someone you get £5 and they get £5

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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hey who is talking about free money???!!! who wants to recommend me and earn us both a fiver then as i was planning on taking mine out next week (post pay day!) but having said that i particularly want to go with this one.. https://www.extremecred.com/index.php reason being there are no monthly fees for it and also costs less to draw £ out then some of the others and its maestro which means no extra charges on online shopping like you sometimes get with visa...

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Thread hijack coming up!

 

Anyway, I called their telephone banking and they didn't have a clue, so I went into my branch and I was helped quite a lot actually - anyway the reason for this hijack is that it's not because of the complaint they have closed my account, it's because even after they paid me some fees, I went over my overdraft once more, so they have decided i can't run my account well enough.

 

The interesting thing is that my account isn't closed yet even though they said it would be, and while i was away I paid in a huge cheque which put me well in the black, and actually cleared my overdraft facility. While i was on the phone to them they didn't even mention that the account was due to be closed which they should have done.The woman at the bank has written a huge note with an appeal for me to leave the account open but we shall see. They are supposed to telephone me to let me know one way or the other, but if they still intend to close the account, she's asked they give me 30 days more grace. And apparently you can *always* get a bank account with somebody so there's no need to worry about being stuck in limbo (this was my concern too)

 

 

welcome hijacker! hmmm.. this is interesting.. i wonder if they are just trying to scare us...

 

I am annoyed they say it is because of going o/drawn again, only reason i did that was because of fees they put on previous month and time they took to reimburse!!

 

as for the fact you can "always" get an account elsewhere... not quite that easy with my credit score now and you are of course restricted to a basic account!

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ombudsman wrote to me today and have said i have to wait 8 weeks for HSBC to look into my complaint about the bank closure!

 

They said they accept that i have been tackling the bank charges issue for some time (since April) and i was referred to the ombudsman on that, but the complaint i have now about the bank closure is a new matter & i have to wait for HSBC to investigate it first for 8 weeks before i can refer back to them!

 

This seems like madness to me as as far as i am concerned it is all part of the same thing and in less that 2 weeks the account will be closed by HSBC!

 

I am goin to speak to the ombudsman again today..

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I'd like to be refered for the card Sarah linked to. :-)

 

8 Weeks? They certainly seem to be digging deep trying to find things to delay the process and cause you as many problems as possible.

[FONT=Arial][SIZE=1][COLOR=blue][B][U]HSBC - Claim for £838.50[/U][/B][/COLOR][/SIZE][/FONT] [FONT=Arial][SIZE=1][COLOR=red]OFFER of £754.57 received 9/08/06 - ACCEPTED :-) [/COLOR][/SIZE][/FONT] [FONT=Arial][COLOR=#ff0000][B]£50 Donated to the CAG - Thanks guys![/B][/COLOR][/FONT] [FONT=Arial][SIZE=1][COLOR=blue][B][U]MBNA Credit Card - Claim for £464[/U][/B][/COLOR][/SIZE][/FONT] [FONT=Arial][SIZE=1][COLOR=red][B]06/10/06 - Account credited in FULL £464:D [/B][/COLOR][/SIZE][/FONT] [FONT=Arial][SIZE=1][COLOR=blue][B][U]Capital One Credit Card - Claim for £440[/U][/B][/COLOR][/SIZE][/FONT] [FONT=Arial][SIZE=1]18/09/06 - Offer of £184 as goodwill gesture & increase of interest rates to 35% [/SIZE][/FONT] Currently taking landlord to court for TDS Non Compliance - [URL="http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/187545-tds-non-compliance-case.html"]See THIS THREAD[/URL][FONT=Arial][SIZE=1] [/SIZE][/FONT]

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as for the fact you can "always" get an account elsewhere... not quite that easy with my credit score now and you are of course restricted to a basic account!

Yes, you're right, you may be restricted to a basic account but at least you can have somewhere to put wages and pay bills from. I was imagining I might be left without a bank account and nowhere to get paid to! But this isn't the case and there's always somewhere that will give you an account even if you've got bad score. The reason for this is that state benefits are apparently all paid into bank accounts only now, so people can't be denied a bank account. (Well, that's what she told me yesterday :) )

 

And yeah - I was a bit miffed too about their apparent reason for closing the account. Funny enough, my financial difficulties only started once they moved me from my graduate account to the normal account and started charging the huge fees every time i went over my od a little.

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Good thinking, or perhaps the Mods can get in touch with them and arrange something so that any referrals from this site, the money goes to the website so they can continue the good work?

28/07/06 - Prelim letter sent to HSBC for £3648

31/07/06 - Letter rec'd at HSBC

14/08/06 - LBA sent to HSBC

16/08/06 - LBA rec'd at HSBC

22/08/06 - Finally!! first reply from HSBC offering £2000

23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!

31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06

05/09/06 - HSBC Acknowledge claim

22/09/06 - DG Solicitors offer full amount in settlement, I accept!!

27/09/06 - Full amount paid into my acount

28/09/06 - Full amount taken out of my account!!!!!:mad:

29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!

29/09/06 - HSBC refuse to pay money back into my account

 

 

 

If I have been of any help, please click on the scales in the top right corner! :)

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lol i have had commision on 2 of them if you reccomend someone you get £5 and they get £5

 

Do you want to recommend me? (£5 in it for you!!!)

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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Good thinking, or perhaps the Mods can get in touch with them and arrange something so that any referrals from this site, the money goes to the website so they can continue the good work?

 

sounds good.. any mods out there take heed!!

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Good thinking, or perhaps the Mods can get in touch with them and arrange something so that any referrals from this site, the money goes to the website so they can continue the good work?

I am up for that! According to Angela both the referrer and the referree get £5.00 if someone wants to refer me I am willing to give up my £5.00 as well - I know it's only a £10.00 but as Tesco say every little helps!!

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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the person who refers has to have account as well

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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Sorry to have interrupted the thread Sarah

the person who refers has to have account as well

 

Would you consider doing it for me? I will make a donation to the site as well!

 

BTW - Did anyone see the program earlier on Beeb 1 called Serving you? Poor woman customer on there of (I think it was) The Alliance & Leicester. She so needs to get on to this site!

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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