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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • catscratch
      Email received from 'Legal' company giving two days to respond.

      By catscratch · Posted

      Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      Easy to set one up on Gov.uk , search on Google.
    • Moomoo11
      Lowell/Overdales Claimform - old Cap1 Debt

      By Moomoo11 · Posted

      Hi London  he doesn’t have government gateway. Should we do it via post?
    • London1971
      Lowell/Overdales Claimform - old Cap1 Debt

      By London1971 · Posted

      If you are helping a family member you are going to need their Government Gateway details in order to Log in to MCOL .
    • dx100uk
      Lowell/Overdales Claimform - old Cap1 Debt

      By dx100uk · Posted

      read upload use the stated online websites dx  

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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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.

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Need help please

Puggie

By Puggie
in HSBC Bank

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Puggie

Puggie

Posted
Posted

Hi I put in a claim for my bank charges quite some time ago now and was quickly recieved a reply stating that due to the ongoing court case that it would have to be put on holdwhich i had no problem with.

 

I then recieved a county court claim letter stating that it would be going after me in the county courts for the the sum of money which it says i owe them i snet back all the documents as required filling out as my defence that the amount was subject of a claim for bank charges and that i did not understand why this was being bought before the court as the case was still ongoing.

 

got a letter bacjk from the court stating that my defence was correct and that it would be put on hold till the casse with the oft was finished.

 

his morning i have recieved a letter from the solicitors of the banks debt collection agency with regards to the claim it reads as follows:

 

we refer to the matter ,in particlular to your defence which you have filed in relation to charges being applied to your account.

 

Please find enclosed a Statement of Account as provided by our clients predecessor HSBC Bank Limited.

 

In an effort to bring this matter to a satisfactory conclusion, we can confirm that our client is prepared to accept repayment of the outstanding debt by way of a consent order.

 

We can confirm that a Consent Order is an agreement without a county court judgment being made between the Claimant and yourself , therefore , there will be no public information registered against you upon the county court register in respect of this claim

 

here fore we request that you contact the above office to discuss repayment of the outsatnding balance.

 

We trust that this now clarifies this matter.

 

Yours sincerely

 

un signed

 

Howard Cohen and Co

 

 

 

HELP what the hell am i supposed to do with this

 

i thought the banks had lost

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BankFodder

BankFodder

Posted
Posted

This is very abusive and unfair. They have placed your claim on hold and then go and start their own claim against you.

 

As RMW has asked, what are the level of charges and how much are they claiming from you.

Can you post their POC for us to see

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Puggie

Puggie

Posted
  • Author
Posted (edited)

We claimed over 1700 pounds and and their cliamimg 2700 broken down as 1700 on an outstanding loan and 1000 on the actual bank account.

 

why thay would think im going to pay voluntarily is beyond me.

 

POC whats that?

Edited by Puggie
added question
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BankFodder

BankFodder

Posted
Posted
We claimed over 1700 pounds and and their cliamimg 2700 broken down as 1700 on an outstanding loan and 1000 on the actual bank account.

 

why thay would think im going to pay voluntarily is beyond me.

 

POC whats that?

OK. If you handle this correctly, it might not be too bad.

 

Firstly, you've been registered on this forum and you don't know what POC stands for. You need to start doing some seriosu reading of this forum so that you know your way around and you understand the procedures you will be employing.

 

Have you put in an SAR? If so when? When did you come up wih the figure of £1700 for charges? Are you sure that it si fully calulated. Have you taken in to account all of the interest they have charged you on this? Have you included overdraft interest on this?

 

We need to see a scanned copy of your POC and your defence. take out identifiers but leave in dates and ammounts

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Puggie

Puggie

Posted
  • Author
Posted

as i stated i im no good with acronyms if you had said particulars of claim i would have known

right i followed all the advise as to how to claim bank charges back from this forum.

I dint need a copy of my bank statements as HSBC are kind enough to make them available online whilst you have an open account.

 

I used the complex bank charges Calc and i will try and include a copy here

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BankFodder

BankFodder

Posted
Posted

Are you in a position now to calculate all of the extra charges?

 

Have you read through at least the first post of this?

http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

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noomill060

noomill060

Posted
Posted

Is the oldest charge they told you about the one from 2005?

 

If you have had your account for longer than that, I am sure there will be have been more charges applied before 2005 and you can reclaim these as well. This is why a SAR would have been useful.

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Puggie

Puggie

Posted
  • Author
Posted

the reason the oldest charge is only 2005 is because that is when they first made a charge against the account i didnt go back any further because before then we had had no other charges levied against us

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noomill060

noomill060

Posted
Posted
the reason the oldest charge is only 2005 is because that is when they first made a charge against the account i didnt go back any further because before then we had had no other charges levied against us

 

OK, just wanted to make sure you werent being fobbed off with an incomplete list of charges. :)

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Puggie

Puggie

Posted
  • Author
Posted
Your interest calculations are wrong to the point of being generous.

 

eg: On your last charge dated 13/7/07, interest accrued @ 16.92% is £73.25 to today's date.

 

Compound interest calculator

 

 

sorry i dont follow you the figures on that sheet all come from the date it was sent which was july 2007.

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Puggie

Puggie

Posted
  • Author
Posted
Are you in a position now to calculate all of the extra charges?

 

Have you read through at least the first post of this?

http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html

 

 

yeah i am in a position to calculate all of the extra charges as they sent me copies of my bank statements right up to the date that they closed the account and passed it to CL finance Ltd.

and yes i have read the post.

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BankFodder

BankFodder

Posted
Posted

I expect that noomill060 knows that he/she is doing. I don't understand the calculations but I do understand the principles very well.

 

I have realised that most people don't understand how much they have lost to the bank.

 

You need to take a hard look at this - but not for too long

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BankFodder

BankFodder

Posted
Posted

Calculate everything. Make sure that you are claiming back any interest on your overdraft too.

 

Let us kow what the figure is.

 

Set about amending your pleadings.

 

Make a complaint to TS that HC are abusing the court process and the terms of the stay. send the same complaint to the OFT.

 

Write to HC and tell them that they are abusing the court process by having a stay and then continuing to chase and threaten litigation on the same issue. tell them that you have complained about them to the TS and to the OFT.

 

Let us konw what the nes figure is. Don't forget that you are also adding 8% right up to now and continuing. With the addiitonal charges, it wouldn't suprie me if you were quits.

 

Warn them that if they try to issue a claim againt you then you will point out their abuse of process to the judge.

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Castlebest

Castlebest

Posted
Posted
We claimed over 1700 pounds and and their claiming 2700 broken down as 1700 on an outstanding loan and 1000 on the actual bank account.

 

and if I am not mistaken a loan and an overdraft cannot be lumped together in one claim

 

You can put anything you want to into a claim but the POC for a current account overdraft and a loan account would be huge and I doubt very much if Howie C. has gone to that much trouble.

 

I assume the charges you are reclaiming have been levied on the current account and the loan is just a lead weight that they have added into the equation for good measure.

 

Have you checked the credit agreement for the loan, is is enforceable?

 

Did you submit your charges claim in detail as a counter claim in your defense? (by the way well done for getting that far!!! :D)

 

sorry lots of questions :rolleyes: but the more information we have the better answers we can give :).

 

pete

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BankFodder

BankFodder

Posted
Posted

Best to lump the loan and the overdraft together if they have taken charges on both.

 

Here is a lnk to another thread in which HSBC are getting beyond themselves

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/231839-iiyama-hsbc.html

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