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    • Ok just an update sent my DQ recorded delivery, received by court 18/07/24, nothing yet showing on mcol. Deadline is Monday 22/07/24. Hopefully shows on before
    • So, the two child benefit cap is going to (rightly or wrongly) be a big issue, with the care of kids undoubtedly taking second place to political point scoring  ... Some think that parents should be responsible for kids, and the state pay as little as possible else the parents will just use having kids (which they then neglect) as a means of income for them to spend on fags and booze. Some think that benefits should be effectively there for anyone whatever the circumstances.   So what do people think might be some sort of solution?   I think that both those stances are extremes,  and you can be sure of just a few things 1. Neither or any approach fits all affected. There are some who will abuse the system, just as there are some left in genuine desperate need. 2. None of its the kids fault, and how they are treated will have a large impact on our nations future.   So, despite the claims of 'it means only rich people can have kids' which is rubbish, I think the cap should stay. ... BUT that free school meals should be introduced for all state school kids:   Which would * ensure our nations children kids get fed at least one meal a day with the funds intended for that * be a significant incentive to go to school for the poorer kids at least - keeping many off the streets and away from bad company * almost certainly reduce problems and increase productivity in the classroom from irritable hungry kids (per stats)   Not a perfect solution by any means - but seems a positive move to me.    
    • and more positive change From next year, mobile phone, paid television and broadband companies must inform customers of any price rises at the point of sale. The changes, ordered by Ofcom, will come into force on 17 January and mean that any mid-contract price rises must be given “in pounds and pence” and in a “clear and comprehensible” way.   Taken a change of government to do it after years of bluster about it eh?   Mobile phone companies banned from hiking prices mid-contract based on inflation WWW.INDEPENDENT.CO.UK The new year plan ensures providers are transparent on prices at the point of sale  
    • Could he/ his partner set up a new internet bank account?  In his name ? It depends which country, I imagine. Most UK banks want proof of address and ID, probably more. If your friend/partner can use the house address and provide bills that could help. You would need to look at various online banks and see what their requirements are. Or there are expat accounts but I haven't looked closely at how they work. Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage) I'd have thought the DWP would pay to a new account, as long as the person they're authorised to deal with asks them and provides details. The international pensions people in Newcastle are pretty helpful.
    • HB - he has certainly given me a challenge ! I set a plan in motion. A refinance plan that would have enabled me to take time to sell one asset and sort out another for him.   The bank account blockage has hindered the plan.  His partner seems to think I can do everything w/o paying anyone for anything.  I don't mind helping - but it's not normal to clear out 2 properties, organize storage or sale of possessions, get properties ready for sale/ rent - w/o being paid.  He has the money to pay for things and services - and for my help - but the blockage prevents that. If the refinance plan could still be actioned then at least I would have some time to sell one asset.  Could he/ his partner set up a new internet bank account?  In his name ? Could I then get his pension diverted to that new account?  That would at least cover some costs  ( ie epc/ storage)
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    • 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
      • 162 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
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Hi Everyone,

 

I am currently going through a nightmare trying to obtain an original copy of my loan agreement with HSBC regarding a loan that I took out with them back in 2004.

 

Like most people, I have struggled to keep up with the cost of the agreed payments, however I am still making payments to one of their appointed debt collectors CL Finance at a mutually agreed rate.

 

I checked my credit report and have discovered that there is a default notice recorded against me, I have since received a letter from CL Finance's appointed solicitors threatening to take me to court unless I pay them the outstanding balance by 29 July 2010.

 

I was advised by the branch when I took out the loan to apply in writing, which I did but received no response. I even sought the help from one of those companies who try and help you with the mis selling of the ppi claims only to receive a letter from their solicitors telling me that as they have been unable to obtain a copy of the loan agreement they have closed my case.

 

I am unsure what to do now for the best and was wondering of there is anyone out there who can lend a helping hand?

 

Thank you in anticpation.

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Firstly, keep on paying at the agreed rate - even if they say they won't accept the payments anymore. They are bound to accept whatever you pay them. If you pay the agreed rate then there will be little they can do.

 

Keep on asking for the loan agreement. At the same time respond to the solictors and to the bank that you are being threatened with a court action on an unenforceable agreement and this is unfair behaviour and that you will report them to the OFT and to Trading Standards and alos to the FOS. Make those complaints immediately in writing. Begin your complaint to HSBC that they have not supplied you with the loan agreement and that they are threatening you with legal action over an unenforceable agreement. Insist on the complain going to the FOS - unless that magically come up with the agreement.

 

Keep records and notes of everything that happens.

 

If you have been mis-sold PPI then you should begin a complaint about that too. Put your claim in to the bank and tell them you want that matter decided by the FOS. Unless you have very clear evidence of misselling, this will be the best way to go. If you have an obvious case of misselling, then the courts will be the best route.

 

Make sure that you start all of your complaints seprately on separate letters in separate envelopes.

 

Get going. Start it all now.

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Hi Strawberry,

I'm not clear from your post, so to clarify....When you have made your written requests for a copy of your loan agreement, have you made them formally under the rules of Section 77 of the Consumer Credit Act 1974?

If not, you need to do so immediately. The template letter is HERE

 

Follow the instructions with the template. Enc £1 Postal Order, dont sign, hand print your name (or use CAGs signature protector, Signguard) and send by Recorded Delivery. Guard the receipt..staple it to your own copy of the letter.

 

If they do not supply it with 12 working days plus 2 days for posting, you can put the account is dispute.

This will provide you with some measure of prorection, and is a defence if they issue Court proceedings while they are in default.

Welcome to CAG, by the way..you'll get lots of help and support on here.

Shout if you need more help

:)

 

Elsa x

Edited by Undercover-Elsa
Clarity
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Many Thanks for the replies that I have received. I can confirm that the letter with which that I initially wrote to HSBC with was a template from Martin's money tips not the standard template that you refer to now.

 

I have kept a copy of that letter however will ensure that I start with writing a letter to both HSBC and the firm of solicitors today acknowledging receipt of their letter and will send both letters via Recorded Delivery as suggested.

 

Thanks for the copy of the template, is there a standard letter to respond to the solicitors with?

 

Thanks again I feel as though a huge weight is beginning to lift

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Hi again,

 

Another point..did you receive a Default Notice? (In a letter headed "Important you should read this carefully"..Default Notice (etc)

If so can you dig it out (and the envelope it came in, if possible), let us know date of notice and date they required payment of arrears to remedy the default. Better still, if possible, scan it and upload it to Tinypic.com then paste the link in here. Remove personal details..account number, barcodes, name & address.

 

As Cerberusalert says above, CCA the solicitors too, with a cover note that you are suprised that they have threatened legal action as the account is in dispute and despite many requests no evidence has ever been produced that a signed agreement exists for this account, in order to clarify this once and for all I enclose a Formal Request under Section 77 of the Consumer Credit Act 1974 for a copy of the agreement.

I would stress that should you proceed with the threatened legal action it will be vigorously defended and a copy of the signed original agreement will be required in support of your claim.

 

 

Elsa x

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HSBC do not issue valid DN's!

“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

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

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

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

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

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

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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You should also notify the Lending Standards Board (LSB) of the bank's antics. Familiarise yourself with the Lending Code and also the LSB's rules and regulations which are on their website. The LSB will not investigate individual complaints by they are obliged to investiagate Lending Code members like HSBC and can put pressure on them behind the scenes. HSBC are under an obligation to report any breach of the Lending Code to the the LSB and I'll bet my gran's false teeth they haven't.

 

Put the account in dispute and the DCA will back off. Make sure you write direct to Matthew Holt who is the senior Customer Services Quality Manager at HSBC. Send him letters by registered post. At first he'll get one of his monkeys to send standard letters to you and they won't bother to read them. But keep at it and eventually he'll pass it onto someone who HAS to respond.

 

In the meantime kick off your complaint about HSBC to the FOS. I would also email Consumer Direct and they will pass your complaint onto TS for you.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Hi,This is great and definitely invaluable information, in relation to Howard Cohen and Solicitors I was unable to forward my letter to them by Recorded Delivery post as they have a PO Box number and apparently Recorded Post can't be sent there, however I have noted the date that it was posted and have also emailed them a copy, I am currently awaiting a reply having used the templates as suggested by Undercover Elsa and Cerburusalert.Will look into notifying the LSB and also familiarising myself with the Lending Code. To The Debt Star is Matthew Holt based at the Arlington Business Centre in Leeds as that was where I was going to send my Subject Access Request to as well as the actual branch where I initially took out the loan.I think that I may have a default notice letter in my files from HSBC I didn't keep a note of the envelope though will have a look through tonight and let you know how I get on.Thanks again its much appreciated.

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in relation to Howard Cohen and Solicitors I was unable to forward my letter to them by Recorded Delivery post as they have a PO Box number and apparently Recorded Post can't be sent there, however I have noted the date that it was posted and have also emailed them a copy,

 

All solicitors practices have an address. Use 'Find A Solicitor' on the Law Society's web page to locate them.

 

The PO Box is used for their debt recovery stationery. Write recorded to the buggers because they may deny receiving anything.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I have managed to find a copy unfortunately of the default notice that I was served by HSBC. Not sure what I did with the original as the document is dated 11 May 2006.

 

The date which I was given to remedy the arrears was 24 May 2006. I have also located the solicitors address using the Law Society web page as advised earlier so will ensure that a further copy of my letter is submitted by Recorded Delivery along with a CCA request from them.

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I have managed to find a copy unfortunately of the default notice that I was served by HSBC. Not sure what I did with the original as the document is dated 11 May 2006.

 

The date which I was given to remedy the arrears was 24 May 2006. I have also located the solicitors address using the Law Society web page as advised earlier so will ensure that a further copy of my letter is submitted by Recorded Delivery along with a CCA request from them.

 

Dont lose sight of the advice BankFodder gave you, get those complaints started and let HSBC know you are kicking up a stink

 

S.

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Dont lose sight of the advice BankFodder gave you, get those complaints started and let HSBC know you are kicking up a stink

 

S.

 

Yes. Write to Matthew Holt who is the senior manager of the customer service quality team (HSBC Leeds address). I always get a faster response to faxes I send (not from him personally but one of his monkeys). I then follow up with a recorded delivery hard copy of the letter. At present I copy everything onto the FOS.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Hi all just wanted some advice following an update that I have since received from HSBC.

 

Before I started posting onto this forum I had instructed Chase Alexander Associates to assist me in obtaining a copy of the agreement from HSBC. I sent off a cheque for £10, I am not paying any fees to this company, but no doubt they will probably take a cut from the settlement if I am successful.

 

My query is, HSBC are requesting that I submit to them a formal notification advising them of my change of address, I'm slightly perplexed by this as not sure why they need to know I took out the loan when I was living at my Parents and since they have appointed both a DCA and solicitors on their behalf, as far as I'm concerned they have been fully made aware that I have now moved.

 

Not sure if this a delay tactic on their part or there is something else that they want to throw up as an obstruction, I'm feeling quite cynical about the whole process.

 

So when I contacted Chase Alexander I asked them to provide me with a copy of the agreement which they have said they are in receipt of from HSBC but would send me a copy of this at the end of the claim process.

 

I know that I may have made a drastic error in appointing Chase Alexander as I could have done this myself but at the time, I was just so desperate for help and as the only money I have paid is the £10 Subject Access request thought that this was a good idea.

 

I didn't realise that I had done this already, until receiving your guys advices, now I feel like a prat, please help

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Hi folks, just wanted to provide you with an update which I received from CL Finance following my strongly worded letter sent to Howard Cohen & Co Solicitors on 25 July 2010.

 

"We have been passed a copy of your letter dated 25 July 2010 which you have requested a copy of your credit agreement under section 77/78 of the Consumer Credit Act 1974. Please be advised this has been passed to us to respond as the creditor in the matter.

 

Please note that we do not currently hold a copy of the required document on site. Therefore, we are in the process of retrieving a copy for you. We confirm that while your request remains outstanding there will be no enforcement action taken against you.

 

Please note that although the agreement may not be enforceable while your request for a copy of it remains outstanding, this does not mean that your debt is wiped out. Any outstanding debt is still owed and you must continue to make payments."

 

Whilst I was very pleased to receive this letter in today's post I will still try and pursue Matthew Holt at HSBC, but was wondering whether I should be doing anything else in the meantime also?

 

As always any advice will be greatly received and appreciated :)

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