Jump to content


  • Tweets

  • Posts

    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • 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

OK...I have my statements, what do I do now?


mossom
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5374 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

Hi,

 

First time poster so forgive me if i've posted this in the wrong place!

 

Ok so I have received a large bundle of statements from HSBC after sending off the data protection template letter. I've gone through them all and have worked out how much I'm owed.

 

Could someone point me in the right direction of where to go from here please?

 

Thanks:)

Dan.

Link to post
Share on other sites

hello mossom & welcome to the HSBC forum....you're in the right place :)

 

you need to create a schedule of charges using one of the spreadsheets & send it off with the prelim letter

 

heres the step by step guide

Example Step-By-Step Instructions - Now updated to reflect the OFT court judgment -j

 

have a good read & take it one step at a time....lots of help available here when you need it - in johnnys words...were a user-friendly lot :D

  • Haha 1
Link to post
Share on other sites

Hi mossom - you're in excellent hands with PD there :)

 

Your basic plan of campaign should be something like this :

 

Step by Step Instructions post OFT Test Case

 

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Basically the plan layout is :

 

1. Work out how much they owe you in unlawful charges

 

If you want to go back 6 years send a Subject Access Request -

 

http://www.consumerforums.com/resour...access-request

 

This gives them 40 days to cough up everything they have on you , which will give you a good chance to read up on further action :-)........

 

2. Send a Preliminary Letter asking for it back(they'll try to put you off ):rolleyes:

 

http://www.consumerforums.com/resour...-for-repayment[/font]

 

 

3. Send a Letter Before Action (which they'll either ignore or try to waffle you out of it ) :rolleyes:

 

http://www.consumerforums.com/resour...n-bank-charges

 

4. Lodge your claim with the Local Small Claims Court ......

 

Come back at this stage and we can guide you further - someone will always answer and as PD knows I always say 'we're a friendly lot on here '..... :grin:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

thanks johnny,

 

I've given it all a read through and have everthing worked out now.

 

One thing though I'm still unsure of, am i right in thinking that overdraft fees on an account are not claimable unless the overdraft fee paid resulted in a S/O charge being issued?

 

Thanks once again,

Dan

Link to post
Share on other sites

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

  • 2 weeks later...

Hi Guys,

 

I have received a letter back saying its been registered and a load of stuff about helping me out of financial difficulties and received a putting your finances in order booklet.

Do I now wait for the 14 days to elapse before sending the next letter?

Thanks,

Dan.

Link to post
Share on other sites

Hi Guys,

 

I have received a letter back saying its been registered and a load of stuff about helping me out of financial difficulties and received a putting your finances in order booklet.

Do I now wait for the 14 days to elapse before sending the next letter?

Thanks,

Dan.

Are you financial hardship or not?

Do you have priority debt arrears(mortgage/rent,council tax, utilities)?

How far back did you go?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

In that case the claim is logged with the bank and they will settle it once the OFT test case is over.

CAG suggest that you file a claim at court even though it is unnecessary to do so but the claim is yours and so if you want to proceed then it is your choice to be made.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

CAG suggest that you file a claim at court even though it is unnecessary to do so but the claim is yours and so if you want to proceed then it is your choice to be made.

It's necessary to do so if you want the 8% statutory interest that goes with your claim ......... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

It's necessary to do so if you want the 8% statutory interest that goes with your claim ......... :D

 

Which you would get under the FSA Waiver on Bank Charges. Would you like me to quote the passage?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

Thanks , yb - but I wsouldn't believe the FSA if they told me today was Saturday - without checking the calendar ........lol! :rolleyes:

 

 

sorry ,I meant to say - please do quote it for me ..... :-)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Thanks , yb - but I wsouldn't believe the FSA if they told me today was Saturday - without checking the calendar ........lol! :rolleyes:

 

 

sorry ,I meant to say - please do quote it for me ..... :-)

 

Ok to the first part of the post, I would say this, how much does the FOS award as a compensatory amount for missold PPI?(that'll be 8% ;) ).

 

 

13.15

"(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an

element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;"

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

right ok didn't mean to spark a debate but i guess that's what these things are here for. So as the test case is still running things have been put on hold.

I just wanna make sure I've done everything I can to get my money back.

Link to post
Share on other sites

right ok didn't mean to spark a debate but i guess that's what these things are here for. So as the test case is still running things have been put on hold.

I just wanna make sure I've done everything I can to get my money back.

 

The debate is fine and the test case is on hold either route you take.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...