Jump to content


  • Tweets

  • Posts

    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
  • 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
      • 161 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

Taking the first steps


fabhat
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6435 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

I've finally sorted myself - gone through all my statements and will send of my prelim letter to HSBC today, for £749.50 in charges. I haven't even attempted to try and work out the interest on the overdraft that would have been added - mainly because the amounts have been quite small £27.5 etc in comparison to the overdraft (£1.600) or is it worth working out what percentage of that figure is from the charges, and then adding it to the statement of account? I'm be delighted if I just get back the 750 quid...

 

let me know if anyone else has managed to work out the interest on the overdraft - I did look a vampiresses spreadsheets, which were great, but seemed to be more for the 8% to be added after a court claim.

 

Best of luck to everyone else too. the stories on here are quite heartening...

fabhat

Link to post
Share on other sites

  • 3 weeks later...

update:

 

Have just received a letter from HSBC (according to the date on their letter - 2 days late, and I've been away on holiday) in response to my first letter.

asking me for an itemised breakdown, which I have already sent them...shall I just send them the second letter and the charges breakdown again?

 

here's hoping...

fabhat

 

UPDATE Step 2: I have amended the LBA letter to acknowledge Mr Langdale at HSBC's reply, but to continue with the 14 day programme. Maybe if I'm really lucky they'll decide to pay before the 14 days expire - otherwise court here we come!

Link to post
Share on other sites

Hiya,

well done for starting the claim. The bit about the breakdown of charges iss within a standard acknowledgement letter HSBC seem to send out. They obviously didn't bother to amend it to show the fact they already have this. I bet you will find once you sent your LBA letter and yet another copy of charges(if this is what your going to do) you will get an offer from them stating that basically they are not acting unlawfully however as they are aware of costs and time of going to court they will without acknowledging blame of any sort offer you i'd guess three quaters of your full claim amount as a full and final settlement blah, blah, blah. Then it's upto you to take their offer or keep going. Either way you will hold all the cards just depends how quickly you want to get some money. If you can hold out and get it all back.

Good JOB!

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

Link to post
Share on other sites

Thanks Dolfus,

 

It all feels a bit like wading through treacle doesn't it - still getting the first reply from HSBC means that the ball has started rolling, and that has to be a good thing!

 

fabhat

Link to post
Share on other sites

  • 2 weeks later...

Okay, today is 14 days after my last letter (my LBA) and I've heard nothing from HSBC. I left the house earlier than the post this morning, so I figure it's fair to wait until I get home tonight, just in case they have sent me a letter - but I doubt it somehow. So...is the next step to file a court action? I'm a little frightened, even though I know they're very unlikely to go as far as court. Any help anyone can give me with filling out the details on the moneyclaim for? All advice gratefully received...

fabhat

 

£749.50 claim against HSBC - sent 2 letters, one response to prelim letter and no response to second LBA letter yet.

Link to post
Share on other sites

Sorry - I've looked everywhere, but I can't find any info on whether to click yes to reserve the right to claim interest on the MCOl form...I've added the interest into my claim, so am i reserving the right to claim more, or just what I've already claimed...

Please help!!

fabhat

 

I'm sorry - I've had to start a new thread, as i can't find a way to change the title of my old thread - apols to moderators.

Link to post
Share on other sites

Sorry - I've looked everywhere, but I can't find any info on whether to click yes to reserve the right to claim interest on the MCOl form...I've added the interest into my claim, so am i reserving the right to claim more, or just what I've already claimed...

Please help!!

fabhat

 

I'm sorry - I've had to start a new thread, as i can't find a way to change the title of my old thread - apols to moderators.

 

hi please read the FAQ they guide you through, interest is calculated under sect69. :D :D

Link to post
Share on other sites

thank you very much! I know it sounds daft, but it just feels like every step is attempt by the banks to get you to mess up and invalidate your own claim. I'll finish my form now...here's to getting some money back!

Link to post
Share on other sites

Hi Dan/Chris

 

Still waiting for any response. I will let you know as soon as I hear anything...Feels a bit frightening taking them to court - but I feel less worried knowing they haven't taken anyone else on in court - yet!

 

Any news on yours?

 

fabhat

Link to post
Share on other sites

Still NOTHING from HSBC - what are other people's experience of this - do they generally go all the way to the wire? I'm hoping they haven't decided that I'm going to be a test case...any advice/reassurance etc to stop me chewing my nails off would be gratefully received.

fabhat

Link to post
Share on other sites

At last - a letter from DG solicitors. Wanting a breakdown of charges...for the third time! What shall I write in the letter? Just a simple here are the charges, i look forward to hearing from you soon type thang?

Link to post
Share on other sites

  • 2 weeks later...

I GOT IT!!! Hurrah - a letter from D&G offering me the full amount...have crossed out the confidentiality clause and sent back my signed letter. Now, do I cancel the court action now, or wait until they've sent me a cheque? Help please...

And thanks to everyone on here who's helped - I definitely couldn't have done it without this site. £46 on the way to the site, once I get my money.

fabhat

Link to post
Share on other sites

Hiya fabhat,

 

Congratulations on the claim!!! just read through the history of the thread, looks like it went well! Was there any worry about the bank closing your account? i'm about to start for the first time and am a touch worried, any advice on how to start?

 

I have downloaded the first letter but I was not sure if I should set up a back-up account in case they choose to close mine?

 

Again, well done with the claim, thats given me hope!

 

Thanks in advance

 

Jimbo

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I had closed that account 2 years ago ( because they were so bad) and gone somewhere else already, so I had less risk than other people in some ways. But lots of people on here seem to be okay when they do it once, but watch out if you need to do it twice. Hope it all goes really well for you - lots of luck.

fabhat

Link to post
Share on other sites

Michael - thanks for that - I just got all the court details, saying that HSBC had put in a defence, so will wait til I actually have the money before I tell the court it is all sorted.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...