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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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
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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.

      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
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My first claim against HSBC - Settled


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I agree. I've found that some call centre staff will try to be as helpful as possible but with others you need to be very assertive. Which doesn't mean rude or nasty. Luck of the draw who answers your call and what side of bed they got out of I guess.

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Do I really honestly sound harsh? I hope not. However, I want the bank to be in no doubt whatsoever that I intend to get my money back. I use implicit language, so that there is no margin for misunderstanding, and I try to ensure that every angle is covered, pre-empting the standardised responses they may or may not come back with.

 

My bank has dicked me around for 24 years - it is time for this to stop, and being on this group has given me the absolute confidence to ensure that it does stop. I am in control (or so I would like to believe :rolleyes: ) and I want to ensure that the bank realises and recognises this.

 

Yes, I want to face them in the court, yes, I would love that more than anything, but at the end of the day I want the bank to respect me as a customer...and do the right thing.

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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***UPDATE***

 

Following my letter to the bank a fortnight ago in response to a statement indicating charges due to be applied (and were applied) yesterday, I have just received the following reply:

Dear Mr Skull

 

Thank you for your e-message dated 5 April 2006.

 

After reviewing your bank account, I can confirm that the overdraft review fees of GBP50.00 incurred during charging period 16 February 2006 to 15 March 2006 were due to the following :

 

3 March 2006 - GBPXXX.XX overdrawn

7 March 2006 - GBPXXX.XX overdrawn

 

The charges have been applied correctly. However, I have exceptionally refunded GBP50.00 as a gesture of goodwill.

Please be advised that no further refunds will be made in respect of future charges correctly applied in accordance with the Bank's standard tariff.

 

Please note that we will only charge an overdraft review fee of GBP25.00 every time you go overdrawn or further overdrawn without our agreement or exceed or further exceed an agreed overdraft limit. We also promise that we will not charge overdraft review fees for:

 

- Any borrowing not agreed with us in advance, if this is the first time this has happened in the last six months.

- Small overdrafts not agreed with us in advance (not more than GBP10.00) or for overdrafts above an agreed limit if the excess borrowing is small (not more than GBP10.00).

- Borrowing without an agreed overdraft limit if the borrowing is GBP50.00 or less and was for no more than 14 days in any one charging month.

 

In order to prevent overdraft review fees from being applied to your bank account in future, may I suggest that you apply for an increase in your overdraft limit. If you wish to do so, please contact us via this e-messaging system or you may call us on 08457 404 404. Alternatively, you may also call in to your local HSBC branch.

 

I trust this matter has been resolved to your satisfaction.

 

Yours sincerely

 

Mr M Bowden

Manager Customer Credit Services

Knowing how belligerent I can be, should I reply, expressing my thanks, and also pushing for a reason for this sudden magnanimity, or should I leave it until my 'biggie' claim comes up in a couple of weeks?

 

(do I put this in the 'winnings' thread?)

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Have you filed? I wouldn't bother responding. I have just got a similar one but for £250 as I could prove an error by an agent who promised refund of OD fees in Jan before I discovered here. He had not refunded so led to more and more. They have nicely left me still £17 OD so this will cause another charge....

 

Claim to be filed tomorrow.

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As I got a refund (albeit 24 hours later) it would seem pointless to file the claim. After all, what would I actually be claiming for?

 

However, regarding the refund itself, and also the timing, I have another thread going, trying to determine if 'charges pending' can actually be prevented...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3847

 

If there is no way to prevent the application of the charge, I am considering another communication to the bank. It may seem cheeky, but they will soon realise the absurdity of the situation:

Dear Sir/Madam,

 

Following your capitulation over charges pending, I wish to set up two automated processes to my account. These are:

 

a) when charges pending are notified to me, that you automatically receive a letter asking for charges to be prevented

b) 24 hours after charges have been applied, my account is refunded the charges that were removed

 

Yours faithfully,

Mr Skull

Obviously this is very off the wall, but someone, somewhere in the bank will sit up and question why I want to make this request in the first place...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Oh, I didn't realise that that was your whole claim. In that case, then clearly you are right, no reason to issue a claim. Something tells me your proposed letter would get a "your comments have been noted" letter. ie no way jose!

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This wasn't my main claim - that will be raised this Friday, for about £3.5K

 

This was for a new set of charges, not associated with my initial request for refund (I got my statement after the bank got my letter). The gist of this refund was:

This morning I received a statement from [bANK], stating their intent to unlawfully apply penalty charges to my account on [DATE]. These charges are to the sum of £XX, as well as an interest penalty of £X.XX for the 'privilege' of this unlawful action being undertaken.

 

As you are aware, I have asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

 

Therefore, I would draw your attention to the following point: you have stated that these charges will be applied on [DATE]. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities.

 

However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.

 

I shall be checking my account on [DATE], and if I see that the penalty charges, plus interest, have been unlawfully applied to my account, I shall lodge a claim at the county court to recover these charges, plus my costs and interest calculated at 8% APR, without hesitation. Furthermore, I shall require that you confirm whether these unlawful charges have resulted in a default notice against my record with credit reference agencies, and if so, I will seek appropriate action to have this notice removed.

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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They still have about 10 days left on the DPA request. However, I managed to calculate my claim using online statements, and have checked my own credit file after requesting a copy from Experian.

 

There is nothing on it regarding HSBC, but if they don't fulfil my DPA request, and the credit request, I will will be reporting them anyway...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Is anyone else being kept in the dark by HSBC over their DPA request...? Just sent another message off via the HSBC secure webmail feature - it is not as if they haven't been given plenty of notice:

Dear Sir/Madam,

 

Further to my letter of 12th March, and subsequent reminders, I am still waiting for my transaction history between March 2002 and March 2006. To date the only communication I have received is my statement history from March 2000 to March 2002.

 

I also made a request for confirmation that manual intervention had taken place within my account, or confirmation that it had not taken place if this was the case.

 

I would be grateful if you could give me an update on progress over this issue, as the bank now has 11 days remaining in which to fully comply with my request. Failure to comply fully will result in a complaint being made to the Information Commissioner.

 

Yours faithfully,

Mr Skull.

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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've just recieved all my DPA info. It did come in two stages. Last week I had 30 envelopes and yesterday another 10 which gave me the complete 6 years worth. They used the standard A5, not the A4 that some poeple have mentioned.

 

Two weeks back I called up customer servcies to ask why I hadn't had anyrthing yet and it is since then that they all came through. Whilst on the phone to them they mentoned that HSBC has now set up a special dept to deal with DPA as they are getting so many requests now. Supposedly you just call customer services, select option 2 which is the one for complaints, etc and then ask to be put through to the DPA dept. I did try that but whilst waiting to be transfered the phone went dead :) Haven't tried again, as now have all the stuff needed.

 

Neil.

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So, what you are saying is that there was a four week gap between the first and last parts of your request being fulfilled? Cool...I suppose I need to learn a little patience...:rolleyes:

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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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Despite english being my first (only) language, clarity is not always there :)

 

If was not a four week gap between the parts being supplied, but approx four weeks since sending the DPA letter before the first lot arrived and then a week later the second batch arrived.

 

It might be worth phoning them up, at least they'll be reminded then? As mentioned in the thread I started, I did get a letter from the bank saying the DPA stuff was on it's way. Did you get such a letter?

 

Neil.

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Apart from the first batch of statements about four weeks ago, I have heard diddly squat. I must have written/emailed about 6 times...all with no response, other than 'your query is being looked into...'

 

Still, they still have ten days...

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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Thought I would check up on my bank today...and got exactly the response I wanted...

 

Decided to draw some money out, realising that it would probably take me over my limit (goading is good...). Sure enough, my limit was allowed to be exceeded...and therefore I waited for the 'overdraft review process' to occur.

 

Lo and behold, the withdrawn money showed up immediately, on my balance at the ATM, so the overdraft review process must have been all of 10 seconds...

 

Now, the fee for the overdraft review is £30...which means that they earn £10,800 an hour, just for reviwing overdrafts...

 

Nice money if you can get it...

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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Just a thought, but if you have no overdraft that they could call in, you could try excersising your rights under the UTCCR's and having the contract changed - to pay say, £1 when a breach occurs.

 

For them to dictate the contract terms without input from you and to refuse to enter into contract negotiations is a breach of the UTCCR's in my opinion.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

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This is a similar point to a discussion I was having tonight...if a contract (or specific clause) is drawn up without input from both parties, the clause/contract can be deemed unfair, and therefore challenged in law. It makes you wonder how the banks could work round this as all contracts are 'printed in advance' and all you need to do is sign on the dotted line...

Unfair Terms

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

But all I was trying to test today was what constitutes the 'overdraft review' for which I am charged a fee...

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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*** Mini Update ***

 

Decided that as we have the next few days off, my deadline for the bank would be a little inconvenient all round (Sunday). Therefore decided to hand deliver a FINAL letter before action, reminding the bank that I would be raising a claim, but that this would now be on Tuesday.

 

I offered them the opportunity to settle between now and then, gave them all the guff about how reasonable and accommodating I have been, and that I sincerely hope court action would not be necessary. However, should it prove to be the case, then I would also raise a complaint with OFT regarding Consumer Credit Act 1974, and request that the bank's license be revoked...see BF's thread elsewhere...

 

With an hour to kill (13:30 - 14:30) decided to pop down to the court, have a nosey around, and get myself crystal clear on filling in the forms. Court was closed - Thursday lunchtime, the doors say that opening hours were right...etc etc etc...

 

Bugger...Tuesday here I come.

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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Oh dear, oh dear, oh deary deary me...has anyone got a great big 'hitting' thing I can borrow?

 

Just logged onto my online banking account, and right there, in front of my eyes...

£56.38. The amount shown will be deducted from your account on 07 May 2006.

Don't they ever learn...? Can I really find some more really long words to demonstrate my ire and utter contempt...of course I can, and nothing will give me greater pleasure...

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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Quick Update (sorry, I have a tight work deadline so will be quiet for a few days - everyone heaves a sigh of relief :rolleyes: ) This is the only response I ever seem to get from HSBC online secure message service:

Dear Mr Skull

 

Thank you for your e-message dated 18 April 2006.

 

I noticed that this matter is still being dealt by my colleagues at the relevant department. Please note that I have today advised them to deal with your enquiry on priority. You shall be contacted once the matter has been resolved.

 

Please be assured that we endeavour to resolve this matter as soon as possible.

 

Yours sincerely

 

Mr M Bowden

Manager Customer Credit Services

My response:

Dear Sir/Madam,

 

Thank you for your reply. However, I find the monotony and repetitiveness of responses from the bank to be truly depressing. You have been advising me for the past four weeks that my concerns are being handled 'on priority.'

 

I appreciate your assistance, but would respectfully suggest that, were it as 'on priority' as my request and concerns, you would acquiesce to an immediate refund of all the penalty charges arbitrarily imposed on my account within the last six years, as per my original demand.

 

I would also remind you that the 40 day deadline for fulfilling my DPA request expires tomorrow. Therefore I shall be contacting the Information Commissioner to complain about your laxity over this issue. Additionally, as per my earlier communications, tomorrow I shall be raising a claim in the courts for a full and unconditional refund of my money.

 

I believe that I have given the bank sufficient time to consider and deal with my requests. That time has now expired.

 

Yours faithfully,

 

Mr Skull.

Yet more evidence of automated repetition - it drives me bananas...

 

Tomorrow I will actually be raising my claim at the court (a few days late, I know) but it coincides with the bank's DPA deadline expiry. I'm going to have a busy weekend.

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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It doesn't suprise me that they haven't sent you your dpa details, as I sent a prelim letter requesting payment and got a dpa form back!

 

'Merchant bankers' springs to mind.

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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A question for those who have gone before:

 

Tomorrow is the expiry date for HSBC to fulfil my DPA request. As it is highly unlikely that 50+ envelopes will drop though my letterbox tomorrow, I intend to draft a complaint to the Information Commissioner.

 

Having checked his site, and viewed the complaints procedures and forms, I wanted to know if anyone else has actually written and complained about non-compliance...

 

Did you write an accompanying letter, what did you put on the form, what else did you consider relevant.

 

I'm a proper moaner me, and I really want my complaint to be heard, so any copy/text that anyone could offer me will be appreciated.

 

Thanks,

The Skull.

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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Right - deep breath, nice relaxing shower, cup of tea, another deep breath...

 

...everything is printed off, and in a nice tidy order...court, here I come! Fingers crossed. :rolleyes:

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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