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    • I would also like to point out they are very financially aware, he earns good money, just didn't spot it wasn't coming out, nothing alerted him to the fact it wasn't 
    • It is residential. Not long been self employed, and in between been employed. Everything was set up by dd. BT even let them upgrade the Internet 2 months ago, but did not refuse on basis bill not paid. No letters, nothing and normally would cut you off after not paying for a month. Yes they should check outgoings, but young couple, and everything by DD.  They obviously realised they made a mistake by halfing it. Just wanted advice really 
    • £800 for one year?? what planet are you on?   i will guess this is residential Broadband not a business A/C?   however i do find it a bit strange that a self employer person does know when or not money is going out of your A/C one month maybe, but to not spot 12mts of not seeing a BB bill smacks of poor financial awareness..    
    • My son in law sent me this ....after some advice    our Internet got turned off today (19th January) I rang up and said hi can I make a payment and find out why it hasn't been taken out of my bank,   he said are you aware you haven't made a payment since February 2019. I said no that can't be right,   I upgraded my package just over a month ago and they never said a word about owing money and just let me upgrade, I haven't received any letter or indication that I owed any money let alone a years worth of bills!   I asked why no one had let me know sooner he said we're not obliged to tell you that but said I had a valid point,   I asked if there's a way we can sort this out he said best he can do is give me a good will gesture and take 1 month off,   I said I wasn't happy with that and we could pay half the amount owed now £380 and they would match the other £380 and wipe it off as long as I don't miss a payment for the next 6 months,   I accepted this offer even though I'm still unhappy purely because I need the Internet as self employed.    They had cancelled the DD back in Feb, I seriously had no communication from them and even upgraded a month ago.   They wanted nearly £800 
    • so we don't shoot ourselves in the foot can you place up your complaint letter please one pdf only.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

me v hsbc - dropped a clanger i think


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NEED HELP PLEASE

 

So everthing upto the mcol was going fine, but i think(know) i have filled in my claim form incorrectly dohhh. i didnt even put my account number on the form....idiot my claim was issued on the 12th august, 14 days ago but still no corrospondence or acknowledgement from HSBC. i am now more than a little fretful, are they not taking me seriously because i didnt fill in my form correctly?????

 

ok so here is what i put on my form.......

 

I have a contract with the defendant bank dated 1994 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from May 2000 to August 2006 of £2572.29 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

 

 

I even screwed up the amount to be claimed, with a final claim figure of 2572.29 + 120 fees = 2692.29 claim.

 

i such an idiot, i really dont know what i was thinking.

 

ok panic over, what can i do to rectify this mess? help is needed

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Okay, firstly DONT PANIC!

 

I dont think there is any need to put your account number on the claim. I didnt. HSBC are able to trace your details through your name and address I would think. This is not a problem!

 

I am assuming that the cock up with the total amount is because you forgot to add the 8% interest. can you confirm this?

 

Ok, so 14 days have passed since you issued mcol. Have you checked your claim on the mcol site? Do you know what stage your claim is at? Does it say acknowledged, or issued? I think that if 14 days pass and HSBC have failed to acknowledge the claim then you can win by default. Have a look at Wardyboy2's thread as he reached this stage. He also never heard a thing and he has just won by default.

 

You have to decide if you are wanting to chase the interest amount. If you are happy to settle for the £2692.29 and HSBC have not acknowledgedyour claim I would go onto the mcol site and claim your settlement by default. If they have acknowledged your claim then that seems to buy them another 14 days to enter a defence so you would wait.

 

CAN SOMEONE PLEASE GIVE ANY IDEA'S WHAT TO DO TO CLAIM THE INTEREST BACK as I would not like to say. It may be too late or you may have to issue another claim if possible at all.

 

Hope this helps a little but please ask if you need further help.

 

Fingers crossed for you

 

Louise

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NEED HELP PLEASE

 

So everthing upto the mcol was going fine, but i think(know) i have filled in my claim form incorrectly dohhh. i didnt even put my account number on the form....idiot my claim was issued on the 12th august, 14 days ago but still no corrospondence or acknowledgement from HSBC. i am now more than a little fretful, are they not taking me seriously because i didnt fill in my form correctly?????

 

ok so here is what i put on my form.......

 

I have a contract with the defendant bank dated 1994 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from May 2000 to August 2006 of £2572.29 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

 

 

I even screwed up the amount to be claimed, with a final claim figure of 2572.29 + 120 fees = 2692.29 claim.

 

i such an idiot, i really dont know what i was thinking.

 

ok panic over, what can i do to rectify this mess? help is needed

 

So what should your claim amount be?

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

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hello again,

 

Thanks louise for the quote from hitchhikers guide "DONT PANIC", it really calmed my nerves.

 

Anyhow, well the status of my claim is still at "issued" and the notice was served to them on the 12th august, so yesterday was the 14th day. Although when i tried to claim by default today it showed me a message saying the bank still had 14 days to respond, maybe its because it sunday or something?

 

The next question is can i claim back the interest which i missed off my original claim?

 

i work that out to be about £790 on top of the £2572. £3372 which is a tidy little sum.I trawl through the forums to see if i can find anything of any relevence to me.

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hello again,

 

Thanks louise for the quote from hitchhikers guide "DONT PANIC", it really calmed my nerves.

 

Anyhow, well the status of my claim is still at "issued" and the notice was served to them on the 12th august, so yesterday was the 14th day. Although when i tried to claim by default today it showed me a message saying the bank still had 14 days to respond, maybe its because it sunday or something?

 

The next question is can i claim back the interest which i missed off my original claim?

 

i work that out to be about £790 on top of the £2572. £3372 which is a tidy little sum.I trawl through the forums to see if i can find anything of any relevence to me.

 

AFAIK you can ask court to amend your particulars for £35 fee

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

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excellent ! thanks gizmo.

 

so i will contact the courts on tuesday by phone and take it from there, might have to wait another two weeks but it will be worth it!!!

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excellent ! thanks gizmo.

 

so i will contact the courts on tuesday by phone and take it from there, might have to wait another two weeks but it will be worth it!!!

 

Good Luck

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

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