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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.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • 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  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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Mikey25 v HSBC


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Can somebody help me please?

 

I still can not find the LBA that has been referred to in this thread. I have just searched all through the 'fullSAR for ppi' thread and have found nothing.

 

HSBC have ignored the 3 letters I have sent them asking for a refund of PPI + interest. What should I do?

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  • 4 weeks later...

I have been trying to get PPI refunded back from HSBC for a year now. FOS were useless and its ended up at court.

 

It not unusual for HSBC to be difficult.......

HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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  • 1 month later...

After 2 or 3 fob off letters telling me that they were still investigating my claim I have finally received a letter from HSBC telling me that they disagree with my claim that I was not told about the PPI due to the fact that I would have signed a credit agreement which included a clause about PPI.

 

This would be the same credit agreement that I have been asking them for for almost 2 years that they can't find. What is my next step?

 

Thanks

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HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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I hope not. The only difference I can see with mine is that it wasn't taken out until April 2002. Could somebody advise me what to do next? I'm guessing I have to send a letter to the FOS but could somebody point me in the direction of what I need to send them.

 

Thanks

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they will try and get out of it citing the limitations act and the 6 year rule.

HSBC - Pre Lim sent 12-12-06, LBA sent 27-12-06, reissued 5-1-07. Part offer rejected 17-1-07, MCOL 19-1-07, AQ - 21-2-07. Settled

Nationwide - S.A.R. sent 13-12-06, Pre lim sent 5-1-07, LBA sent 19-1-07, MCOL 2-2-07, WON 22-2-07.

Capital One - S.A.R. sent 13-12-06, Pre lim sent 17-1-07, LBA sent. Settled

MBNA - S.A.R. sent 13-12-06, Offer rejected 19-1-07, Pre Lim 19-1-07, LBA sent, Setteled 21-2-07.

MBNA Loan PPI - Pre lim sent 19-2-10, Settled.

MBNA CC PPI - Pre lim sent 19-2-10, WON 2-7-10.

HSBC PPI - Pre lim sent 19-2-10, with Court

EGG PPI - Pre lim sent 19-2-10, FOS upheld 3-7-10

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Mikey,

 

As I see it you now have two choices.

 

1) Keep banging your head against a brick wall and fighting the toss with HSBC.

2) Refer your case to the FOS and let them worry about arguing or fighting with HSBC.

 

I realise there is a very long waiting list to have your case looked at by an adjudicator at the FOS, but it costs you nothing and HSBC may well cave in when they find out you will not be fobbed off.

 

Entirely your choice.

 

DJ

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  • 2 weeks later...

Mikey,

 

The web addres for the ombudsman service is www.financial-ombudsman.org.uk

 

Not sure what the latest guidelines suggest, but you certainly used to be able to ring them up and they would start completing the forms for you and them forward them to be signed. These would then be returned with all related documentation.

 

One thing I would suggest though is to keep copies of the documents as the FOS have been known to lose them.

 

Good luck

 

DJ

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HSBC are arses- I have had a reply from them ADMITTING that they have mis-sold PPI but only offering the base PPI plus 8% - just one of the early £60ish PPI payments from 2005 adds up to more than they have offered by the time you put compound on it.

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  • 2 months later...

Hi everyone,

 

My PPI claim is now with the ombudsman but I have heard that this can be a long drawn out process. Do you think that it is worth me writing to HSBC again directly after the recent events with them admitting to having mis-sold to a lot of people? In my case they initially denied any wrong doing.

 

What do you think?

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Hi

 

I think if you referred your case to the fos then you'll need to wait for them to investigate. If you write to HSBC they'll probably just come back and say they are dealing with fos on this.

 

Unfortunately fos can be a very long wait.

 

ims

 

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  • 2 weeks later...

Quick update on this.

 

After receiving my full and final decision from HSBC around 3 months ago I filled out all the relevant forms and sent the claim on to the FOS. After hearing nothing for several weeks I have now received a letter back from the FOS along with all the paperwork I sent them telling me that I can only apply to them after I have received a full and final decision from HSBC.

 

Clearly the FOS didn't even bother to read the forms as if they had done so they would have seen that HSBC had already denied my claim.

 

My question now, is that as the FOS have returned everything to me without acting on it, can I now go back to HSBC and ask them to look into my claim again as their full and final decision was provided before the banks accepted liability.

 

What do you all think?

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Hi Mikey

 

An opportunity has presented itself to get this over and done with relatively quickly. Forget fos now and sue in the small claims court.

 

Claim each ppi payment plus contractual interest compounded to the date of the claim and then + 8% simple from claim date to settlement date if it geets into court.

 

Looking at the figures you worked out near the start of your thread, I think you are diddling yourself out of money as you appear to have only claimed simple 8% interest.

 

ims

 

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Somebody worked out these figures for me a while back which included the compound interest etc as far as I know. I'd be grateful if you could tell me if this doesn't look correct so that I can try and figure out how to recalculate it.

 

 

Mikey,

 

By my calculations and in line with FOS calculations, your claim should be:

Total cost of PPI: £814.12

8% simple interest on monthly repayments: £392.12

8% on difference: £315.12

 

Total claim = £1,521.36

 

Now go get your money back.

 

DJ

 

So you don't think I should write to HSBC again? How would I go about taking this to small claims court?

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Hi mikey

 

I'm out at work this afternoon and evening but if nobody else fills you in (so to speak) I'll update the thread over the weekend with recommendations

 

regards

 

ims

 

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Hi mikey

 

I've attached a spreadsheet that you can use to calculate your claim. Go through your card statements and enter each ppi payment in the sheet. You only need to enter list data in columns A (Date of Payment), B (Nature of Payment i.e. PPI Premium) and C (Amount of Payment). Enter the interest rate for your card in the blue section at the top together with your personal details. The interest rate for your card should be shown on the statements.

 

As HSBC have given their final decision and fos have sent the case back to you, I would send your Schedule of Claim (The Spreadsheet) to HSBC together with a 14 day letter before action and then if they don't pay up, sue them

 

ims

 

CompoundInt.xls

 

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Hi,

 

Thanks for that. The problem that I have got is that I dont have all of my statements. I have some that they sent me with my SAR but they didn't send me any that were more than 6 years old. I was told that I could work out an average of the ones that I had and then add on any before 6 years based on the average.

 

If you look at the first page of this thread you will see how the original figure of £1521.36 was calculated.

 

To be honest I am a bit lost with the spreadsheet as I don't really understand how to work out the compound interest etc. Does that figure sound wrong to you?

Edited by mikey25
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Ok, I have just been playing about with that spreadsheet you sent me and if what I have worked out is correct then the total compound interest alone is £1384.99 + the cost of the PPI which is £814.12 = a total claim of £2199.11. Does that sound right? Do I also need to add 8% interest on to that or is that already accounted for?

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