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    • Thank you honeybee if you would my head is mashed now. You guys our savers.  H
    • You can edit the answers to be in red or would you like me to do it? HB
    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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Les Gunn
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Ello,

 

Got my S.A.R - (Subject Access Request) request statements sent on 20th July from Capstone Mortgage Services.

 

Worked out they had levied a £40 charge and 2 x £25 charges - sent repayment request on 28th July THEN followed it up with a letter requesting a full breakdown of the ERC of £4948.64 on 9th August.

 

Received a letter from Marcia Wingrove in their Collections Dept offering me refund of the 2 x £25 fees but not the £40 Deeds Release fee (which I prob claimed in error anyway).

 

That said, i'm awaiting their response to the ERC fee. If they come back and don't detail how the charge was arrived at, it'll be LBA then MCOL!! I realise that few have succeeded so far, but all the more reason the "raise the bar" and stop this unfair treatment!

 

;)

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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  • 4 weeks later...
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MCOL filed today for £5068.64 - wish me luck!

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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good luck!

 

lisax

if i have helped you at all click please the scales on top right!

 

ABBEY

11/4 S.A.R - (Subject Access Request) SENT OFF

1/6 LBA SENT

22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES

15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)

20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.

8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......

SETTLED IN FULL!!!!!!!

 

T MOBILE i won!

16/6 Data Protection Act SENT OFF

 

5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!

7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH

7/9 FULL REFUND BEEN SENT!!

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Thanks Lisa - judging by the momentum gathering steam, I hope i'm successful too - they can't be allowed to cream money off people because of their financial status, either now or previously.

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Share on other sites

Great stuff, I have just sent off the prelim to Capstone for just under £4k, so I will be following this thread and routing for you all the way!

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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Good luck Norvernrob!

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Interestingly, SPML's fob off letter to me, states that in their Investigation, the ERC levied on my account was 5%, so on my sub total of 71,066, with 5% and Redemption Charge of 140, the final total should be about 74,759 - have I got my sums correct??

 

According to my final statement, I was charged 7% ERC and paid 76,179 inc 140 ERC charge!!!

 

A bit of a cock up then would you say? See what the judge thinks... :razz:

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

So their calculations are so good, they don't even know how much they charged you? Typical.

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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Interestingly, SPML's fob off letter to me, states that in their Investigation, the ERC levied on my account was 5%, so on my sub total of 71,066, with 5% and Redemption Charge of 140, the final total should be about 74,759 - have I got my sums correct??

 

According to my final statement, I was charged 7% ERC and paid 76,179 inc 140 ERC charge!!!

 

A bit of a cock up then would you say? See what the judge thinks... :razz:

 

How is that split on redemption fee - oart of that will be a months interest - can you post exactly what redemption says?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi Gizmo,

 

On my mortgage agreement it says 7% or £4948.60 until 140605 - I redeemed on 290305.

 

The SAR request statements say the following:

 

290305 Interest Charged £397.02

290305 Repayment Charge £140.00

290305 Early Repayment Charge £4948.64

 

Hope this helps :-)

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Hi Gizmo,

 

On my mortgage agreement it says 7% or £4948.60 until 140605 - I redeemed on 290305.

 

The S.A.R - (Subject Access Request) request statements say the following:

 

290305 Interest Charged £397.02

290305 Repayment Charge £140.00

290305 Early Repayment Charge £4948.64

 

Hope this helps :-)

 

So it is the 4948.64 that you will be reclaiming - what amount did you put in your prelim?

Consumer Health Forums - where you can discuss any health or relationship matters.

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I sent a seperate letter about 2 x £25 charges and they offered to refund these. So see if they do now they have the paperwork saying I accept only in partial settlement lol!

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Not sure if the SPML spies are reading these forums (i'm sure they must be!) because I had a letter dated 12th Sept, in which an "Audit of Complaint investigation" had been done after my letter telling me to bog off was sent, and the ERC rate "mistake" had been spotted...and the letter amended this to 7% instead of 5....hmmmmm! :rolleyes:

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Can i ask what charges you can claim back from SPML ?

NatWest: Prelim letter sent 29/8

Reply to prelim 2/9

LBA letter sent 4/9

N1 filed at Court 20/9

Notice of issue deemed to be served 2/10

Natwest filed acknowledgement 16/10

Natwest have until 30/10 to file defence

Defence received 26/10

AQ received 2/11

Cobbetts made offer of £2600 2/11

AQ filed 16/11

Court date received 23/11

Court date set for 17/1/2007

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Hi TillyTrot,

 

I have asked for the penalty fees back relating to 2 I incurred when a DD wasn't paid and the ERC which is the one i've issued the MCOL for.

 

In terms of what you can claim for, have a scoot around the site - there are a few examples of what you can claim back. Have you got your breakdown yet?

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Hi TillyTrot,

 

I have asked for the penalty fees back relating to 2 I incurred when a DD wasn't paid and the ERC which is the one i've issued the MCOL for.

 

In terms of what you can claim for, have a scoot around the site - there are a few examples of what you can claim back. Have you got your breakdown yet?

 

And if you get stuck have scoot around for zoot who has an amazing wealth of info that she is more than happy to share.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi Les,

no i haven't got any info yet was just wondering if i have a claim with them, I have a secured loan which i have been in arrears with and nearly had my home repossessed, i am paying each month but just don't seem to be getting anywhere cos of charges they keep adding on for arrears i just wanted to know if i have a claim against them.

NatWest: Prelim letter sent 29/8

Reply to prelim 2/9

LBA letter sent 4/9

N1 filed at Court 20/9

Notice of issue deemed to be served 2/10

Natwest filed acknowledgement 16/10

Natwest have until 30/10 to file defence

Defence received 26/10

AQ received 2/11

Cobbetts made offer of £2600 2/11

AQ filed 16/11

Court date received 23/11

Court date set for 17/1/2007

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SPPL (Southern Pacific Personal Loans) will, on request, send you a mortgage account statement, which will show all the transactions, including charges, since the loan was taken out. I think they make a charge for this service, which if memory serves is 20.00. Alternatively you could send a Data Protection Act S.A.R - (Subject Access Request) letter, which only costs 10.00. You can then add up all the charges etc, and reclaim them.

 

However, as the account is still open, it might be an idea to see if you can arrange alternative funding, before you put in your claim. This will attract an ERC, but you may be able to claim that back as well.

 

You can definitely claim these charges back

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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Here's the latest guys n gals....

 

I called SPML yesterday and spoke to a very polite guy in their Compliance dept, asking him if my Court papers had been received.

 

Surprise, Surprise, no!

 

After being accepted on the 8th and deemed served on the 12th, no sign...how strange! :rolleyes:

 

Anyway, I was very helpful and told them the case number and to contact the Court. The clock is ticking...! :D

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

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Interesting stuff Les - I am just about to start against this crowd.

 

May I ask - which address did you use for the SAR ? Did you go through the registered address or via Capstone ?

 

Tazz

Nationwide

May 23 Data Protection Act request sent

May 25 Data Protection Act request acknowledgement received

June 13 Statements Received

June 13 Prelim letter sent

June 26 LBA sent

July 12 Claim issued via Money Claim Online

July 21 £4798.29 paid into account

 

Endeavour Personal Finance

Sep 12 Prelim letter sent

Sep 18 LBA sent

 

GE Money

Sep 20 SAR

 

SPPL

Sep 20 SAR

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Hi Tazz!

 

I initially sent it to the High Wycombe address, but they seem to deal with stuff legally from their Broadgate, London address, so that's where the MCOL went.

 

1st Floor

6 Broadgate

LONDON

EC2M 2QS

 

Good luck with yours :)

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Thanks Les.

 

I look forward to seeing some progress with your claim - once they find it that is............. :rolleyes:

Nationwide

May 23 Data Protection Act request sent

May 25 Data Protection Act request acknowledgement received

June 13 Statements Received

June 13 Prelim letter sent

June 26 LBA sent

July 12 Claim issued via Money Claim Online

July 21 £4798.29 paid into account

 

Endeavour Personal Finance

Sep 12 Prelim letter sent

Sep 18 LBA sent

 

GE Money

Sep 20 SAR

 

SPPL

Sep 20 SAR

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Claim has been acknowledged - I wait with baited breath.

 

:rolleyes:

--------------------------------------------------------------

HSBC

Settled in FULL on 8/8/06 - £3619.53

:D

CAPITAL ONE

Settled in Full on 6/9/06 - £84.76

:D

ABBEY NATIONAL (Old N&P Mortgage)

Settled In Full on 2/3/07 - £307.13

:D

SPML

*Court Case Withdrawn - family illness*

MORTGAGES PLC

*Court Case Withdrawn - family illness*

Link to post
Share on other sites

Claim has been acknowledged - I wait with baited breath.

 

:rolleyes:

 

Fingers crossed Les !

Nationwide

May 23 Data Protection Act request sent

May 25 Data Protection Act request acknowledgement received

June 13 Statements Received

June 13 Prelim letter sent

June 26 LBA sent

July 12 Claim issued via Money Claim Online

July 21 £4798.29 paid into account

 

Endeavour Personal Finance

Sep 12 Prelim letter sent

Sep 18 LBA sent

 

GE Money

Sep 20 SAR

 

SPPL

Sep 20 SAR

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