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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
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Copies of statements?


flower_chops
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I hve only just started looking into this and am a little confused on which way is better to get the correct charge amounts. I have reently been sent copies of my last 6 years statements by HSBC as I wanted to have a flick through them to add up the charges (around £600). However, after reading some people's cases should I have done the Data Protection thing first? This account has not been defaulted on. I could obviously still do this but would someone please advise me on whether I should do the Data Act thing or whether my duplicate statements I received will be enough?

 

Thank you from a grateful newbie!

HSBC claim £1000

22/08/06 prelim letter sent recorded delivery

24/08/06 prelim letter received

Nothing heard so...

07/09/06 LBA sent recorded delivery

08/09/06 LBA received

14/09/06 partial offer (£850) made

14/09/06 letter sent saying would accept as partial payment only (recorded)

19/09/06 full offer made - writing back to say will accept cheque only

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Thank you Michael Browne :)

 

I will look to moving onto the next step then...

HSBC claim £1000

22/08/06 prelim letter sent recorded delivery

24/08/06 prelim letter received

Nothing heard so...

07/09/06 LBA sent recorded delivery

08/09/06 LBA received

14/09/06 partial offer (£850) made

14/09/06 letter sent saying would accept as partial payment only (recorded)

19/09/06 full offer made - writing back to say will accept cheque only

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Now that you have your statements. check out what you can and cannot claim for. click on the link to the guide below and see step 4

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

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All advice and opinions given by people on this site 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, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

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Click the * on the post you found helpful.

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  • 1 year later...

Hi -

It sounds like we have a similar problem. How did you get HSBC to send you copies of your old statements? I am trying to get GE Capital to send me my statements from 2002-2004. Since they sold my account to a debt collector, they are telling me that I need to contact them to get this information. See my posting from GESucks.

 

-Thanks.

GESucks

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GESucks, in order to obtain any information that a bank/building society/credit card company you send a SAR. This you can locate in the bank templates library, but just for ease I will post the link below:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Once you send this the company then has 40 days in which to comply. (Don't forget to send the £10 fee with the letter)

 

Also any letter you send must be sent recorded delivery this way you can check via the website whether it has been delivered and also it is proof that you have sent them the letter.

 

Personally I would have thought that GE would still have copies of all of your statements. Did you send a SAR?

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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flower_chops has the statements. I have directed GEsucks to the relevant forum and hopefully he/she will be able to get the info he/she needs.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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