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    • Rejection letter to be sent to the FOS   I am declining your decision of 13th April for the following reason:   Much of your decision is predicated on your view that Aviva had a “process” in place and that they follow this process and as a result the decision to enter an insurance contract in 2015 was fair. 1.      Nowhere in your decision have you explained what the process was and whether in fact the process was fair. Clearly your view is that regards of the process, all that was needed was for Aviva apparently to follow this process and any outcome would be fair.   2.      On 2 June 2021 I received a telephone call from the Aviva complaint team. During the conversation, they informed me that in fact that in 2015 the call handler had been wrong and had not followed the correct process. The Aviva caller told me that it was not part of the process for the call handler in 2015 to refer her suspicions to her manager. Clearly, if the call handler in 2015 had adhered to the correct process and allowed herself to be guided by her own suspicions then Aviva would not have agreed to provide the insurance cover and they would not have become the victim of fraud. In fact that we find is that the correct process at the very serious suspicions of the call handler were overridden by a manager. It seems evident that either Aviva has misled you as to the nature of the process or else they have not disclosed their process to you. It may even be that they do not have a written “process”. They only have “a way of doing things”. If it is correct that you have not seen the Aviva process but have simply taken their word for it, then it is clear that your investigation and your decision has for the short of any reasonable standards. If on the other hand Aviva has misled you as to the nature of the process, then I think you have a very serious issue with Aviva. I believe that you have ever seen the “process” upon which you are purporting to rely on your decision. You may be interested to know that the man who defrauded Aviva also attempted to use my identity to defraud a number of loan companies. I’m pleased to say that all of them exercise sufficient diligence that they did not become victims of the fraud. Only Aviva failed to exercise proper care and allowed themselves to be defrauded. You may also be interested to know that the police have interviewed me and they have interviewed my brother and they are preparing to charge my brother in respect of his fraudulent activity. I am under no suspicion whatsoever. The police have informed me that they will be speaking with Aviva facing fairly soon. There are many other reasons why I am refusing to accept your decision. All the other reasons turn on the fairness of your decision that the reasons above, go to the heart of your own process and the quality of your investigation. I think it’s not insignificant that I have submitted a Freedom of Information Act request and also a Data Protection Subject Access Request to you and so far you have failed to respond within statutory deadlines. I have also sent Aviva a Subject Access Request and they have extended the deadline for compliance by a full two months for spurious reasons which I do not believe. I have also asked Aviva for sight of their policies and procedures in respect of the rules that they apply to their customers for the setting up of new business and I have received no response. The Aviva website makes a show of being aware of the dangers of domestic financial abuse and they trumpet their association with the organisation Surviving Economic Abuse and they say that their staff are all trained in spotting the signs. I have asked to see their abuse policy and I have received no response. None of this is surprising.    It is clear that Aviva have acted carelessly. They were suspicious but preferred to get the new business. It is Aviva which is the victim of fraud but they prefer to try and avoid their responsibility and pass the buck onto me. I’m pointing out that it is Aviva which is the victim of fraud because I can state categorically now that I have no intention of paying any of the money which Aviva is demanding of me. I notice that Aviva prefers to harass me for an alleged debt rather than simply bring a claim in the County Court where an impartial judge would look at all the evidence including information which so far Aviva has declined to disclose.   This letter is intended to decline to accept your decision but also is intended to be my formal complaint which I wish to be escalated to the Independent Assessor. Please confirm receipt of this complaint, provide me with any policies and guidelines the Independent Assessor route and also let me know the timescales involved.   Yours faithfully
    • The G7 hasn't gone to plan, has it?   Rather than showing the UK off as a potential global leader, Johnson has probably started a trade war with the EU and is being told that other nations don't trust him.
    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
  • Our picks

Marice1 V HSBC **SETTLED AFTER WARRANT ISSUED**


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Hi all, couple of quick questions on MCOL:

1. What address did you use successfully online claim for HSBC - i am finding he system doesn't like Sheffield, S1 2US so much ??

2. What wording did you use in 'particulars of claim' ? I was thinking

"The regime of fees which have have been applied to my account by HSBC in relation to exceeding overdraft limits are unlawful as set out by the Office of Fair Trading (April 2006). I am seeking full refund of these charges taken from my bank account by HSBC."

3. If i elect to not reserve the right to claim interest, does this make a difference the weight of my claim ?

4. They gave me £100 refund for 'in view of the time i have devoted to my query as a gesture of good will.....' so should i take this off the sum i am seeking ?

thanks

mj

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hi for

no 1, i used the 8 canada square address in contact forum

no 2, you can find particulairs you can copy in angieb v hsbc

no 3, claim the interest can add quite a bit toyour claim and is not hard to work out there is a spreadsheet in template libary

no 4, yes i think you do but if a mod can confirm

lastly good luck not long now xxx

  • Confused 1

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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  • 4 weeks later...

Hi all. Lodged my MCOL on 8 Sept, had letter from court confirming 'notice of issue' and deemed served on 13th Sept.

Haven't heard anything from HSBC, no letter or anything.

Has anyone had this ? I could call judgement through the MCOL online system now (since past 14 days) or should i wait longer ? :| Or should I be doing something more ? Hope someone can help !

Thanks, MJ

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No, don't wait any longer - get your default judgment NOW!! (I'm assuming here that the bank did not acknowledge service? If they did, they have 28 days rather than 14).

 

This way, unless the Court receives a defence before your judgment has been entered, the bank will have to pay up - or formally apply to the Court to get the judgment set aside!

 

Keep us posted!

If I've helped, please tick the scales at the bottom left of this message!

 

17th Sept: Found this site! :)

 

Lloyds TSB

 

22 Sept: Subject Access Req.

3 Nov: statements arrived. Charges calulated at:

A/c 1 - £2,178.01 + int of £1,206.54 (18.4% authorised)

A/c 2 - £206.11 + int of £211.07 (18.4%)

7 Nov - prelim.

3 Dec - LBA

13 Dec - £750 offered

23 Dec - £750 credited

28 Dec - rejection letter

2 March - issued

16 April - complained at court failure to forward defence

 

Halifax

 

22nd September: Subject Access Request.

4th November: No reply so LBA giving 7 days.

 

Cap One

 

22nd September: Subject Access Req.

5th October: Letter saying no record of account!

15th October: Replied telling them to try harder...

22nd October: Subject Access Req acknowledged.

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the bank hasn't acknowledged it, just all gone quiet - you are right.

will get onto default judgement now...... thanks ! just wasn't sure if that was a bit over the top to roar into that

cheers, mj

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Agreed - file for your judgment NOW !

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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Filed and now requested a warrant seeking payment in full immediately.

Have other people had to go through all this too - is has been heartening to see lots of of you out ther ehave been successful on with the perlim / LBA letters, and then some with the lodgement of the MCOL..... have others had to request judgement and warrant ? just looking for someone with some experience here as most dont seem to have ot go this far !!??

It was originally for around the £1650 mark..... what a kuffuffle !

:confused: thanks in advance for your help, marice

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Filed and now requested a warrant seeking payment in full immediately through MCOL. Never heard anything from HSBC on my initial MCOL, not even a letter, no acknowledgement in the system either.

Have other people had to go through all this too - is has been heartening to see lots of of you out there have been successful on with the perlim / LBA letters, and then some with the lodgement of the MCOL..... have others had to request judgement and warrant ? just looking for someone with some experience here as most dont seem to have ot go this far !!??

It was originally for around the £1650 mark..... what a kuffuffle !

:confused: thanks in advance for your help, marice

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hi marice, try going to the hsbc forum, click on search this thread and type in warrant. it brings up all the threads where people have discussed this issue.

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I honestly think that when the claims get to this stage, it's because you've somwhow slipped through HSBCs 'net' as it were, i don't think they let it get this far deliberatly, it's not in their interest to. I would give DG solicitors a ring and talk to them, tell them that you have now requested a judgement, i think you'll find they'll move pretty quickly.

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does this not mean that they have a ccj against them? you could mention the bit aboiut beging a proper person to hold a consumer credit liscence, sureley if they have judgements issued against them they will loose said liscence?

i knwo next week when i get to MCOL with them i will be copying a letter to their solics and to their head office address stating that i am suing them and then they cant say they didnt know and try and get judgements set aside etc.

good luck and keep us informed.

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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The solicitors would simply say they haven't recieved the forms, the judge would then set the judgement aside and HSBC would pay up fast to stop the judgement being applied again.

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