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    • 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!!  
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Today sent my first letter to HSBC - Despite being a newbie!


richardsimkiss
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Thanks Bankfodder, useful to know :)

 

Well it's the 16th, and the post's arrived, almost unsurprisingly there's nothing from HSBC. I'll wait and see if anything turns up tomorrow that they may send today, but I won't be suprised if nothing turns up, I'm sure it'd only be a generic response... and we all know how it costs the bank £25+ a time to send out a generic letter! :lol::wink:

 

9 days left to enter a defence... :twisted:

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Do I understand that you have put in a claim for an indeterminate amount and that they have not complied with your DPA request, but that the clock is still ticking on the DPA?

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I managed to get all my statements online and work out the total charges, less any that have been previously refunded, and therefore the amount I am claiming is accurate... although I have all my statements via online banking I did request statements under the DPA which so far I have heard nothing about, by Monday 20th the 40 days will have expired.

 

Just to note, my DPA request was done under the old style letter which requested a refund of all the charges or to be sent all my statements (under the DPA). I do feel this was still a clear request under the DPA which they should have at least acknowledged!

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Dear Dave

 

They do not like bad publicity. I got the deeds to my garage back £116,000 wrote off and an offer of another hundred thousand which I have turned down. Becauise it is not enough for what as happened to my wife.

 

Type the name of the Chief Executive into your search engine. Type >>> Dyfrig John HSBC BANK. See how I advertise their product.

 

Regards

 

Harry

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What on earth has that got to do with this thread? :?

 

recieved a letter this morning dated 16th March saying they would contact me again by 6th April 2006 and expect to be able to give me a full response then, they currenly have 5 days remaining to enter their defence and i've recieved no information on statements relating back to my DPA request...

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Hi Richard,

 

I've been following your 'diary' and if my calculations are correct their DPA deadline expired yesterday. Did you hear from them regarding that (a legally required deadline)?

 

If not, the Dave/BankFodder seem almost overzealous that the bank should be reported - I know that I will absolutely certainly report them (the bank that is) when my deadline is one second overdue...

 

Hope the next part goes well for you...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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I'm eager to know how you are getting on Richard? :D I'm very new to this site as well as forums but I'm very determined to get my bank charges back. Going to be requesting my DPA details on Friday from both HSBC and Capital One!

 

I hope you get the result you are looking for. As I'm quite confident you will... :wink:

Life is a comedy to those who THINK and a tragedy to those who FEEL!

 

Consumer Action Group = Best Website in the WORLD.

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well HSBC still have 3 days to enter their defence or at least acknowledge the claim... Saturday is the day of judgement, the day by which they must enter their defence or acknowledge the claim, I will then apply for a judgement to be made.

 

I've been incredibly busy over the past few days with work (doing 14 hour days) so haven't had a chance to enter a complaint regarding their failure to comply with my DPA request. Though rest assured I fully intend to.

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well.... seemingly no defence entered so far (well status on moneyclaim online hasn't changed at all)

 

but having tried numerous times since midnight to apply for a judgement i'm being given the error message

 

You cannot request a Judgment by Default at this time.

 

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

 

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

 

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

 

Argh! Will try again in the morning, not too sure what the hold up is though?

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Have been on the phone to the MCOL Helpdesk who have told me that although 14days has passed, because the 14th day was on a weekend I cannot request judgement until the end of today (end of the first working day after the deadline). So submitting my claim on a Saturday has given HSBC an extra 2 days to file an acknowledgement or defence! Fingers double crossed they won't though, I could really do with some money ASAP! lol.

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  • 3 weeks later...

Any news on this case?? I am due to start MCOL next Wednesday so really interested with how you got on.

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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