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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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

Digger v HSBC - Victory!!!!


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Hi everybody!

As a newbie to this forum ( not fighting HSBC, won several complaints ), I read now for days through all the FAQs and comments. I am ready now to grab the bull by the horns and claim unlawfull charges for the last 10 years back. But I can't find the address of HSBCs control officer. Can somebody help me?

Many thanks in advance!

Data Protection Act/ SAR - (Subject Access Request) send 1/ 7/ 06 recorded del. now waiting!

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Welcome.

You can only go back 6 years,

Send your letter + £10 fee to the Data Controller at HSBCs registered office or take it to your branch (get signed receipt for letter and fee). They will forwrd it by internal mail.

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Hi everybody!

As a newbie to this forum ( not fighting HSBC, won several complaints ), I read now for days through all the FAQs and comments. I am ready now to grab the bull by the horns and claim unlawfull charges for the last 10 years back. But I can't find the address of HSBCs control officer. Can somebody help me?

Many thanks in advance.

:confused:

 

you can only claim back 6 years at the moment, as long as you follow the faq's and guidelines, you will get your money, oh and

 

Phil Beaumont

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

Ls11 Opp

  • Confused 1

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Hi there,

I post the

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account No. xxxxxxxxx Sort Code: xxxxx

Account No: xxxxxxxxxxx Sort Code: xxxxxx

Account holder. xxxxxxxxx

Address. xxxxxx

Whereas I have been a customer of xxxxx Bank since xxxxxxxx and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Faithfully yours

to this address

Data Controller

HSBC Bank PLC

8 Canada Square

London

E145HQ

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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Thanks again everybody.

I have my DPA/ SAR ready to mail tomorrow and keep all of you updated on my progress. Its time we " Common People " ( lol ) make ourself heard!;)

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Digger,

The letter posted by Irina is a Section 10 DPA letter, which is if you have been defaulted.

 

If you are merely asking for your transactions (ie charges) for the last 6 years you need to send the DPA Subject Acess Request letter here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

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Thanks Michael.

I thought so and posted the right one today. 40 days from today and I am in business. Not only for the money ( even a nice bonus ) but to get my selfesteem back after been treated like rubbish by HSBC when I needed help due to long illness! Its payback time!

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but to get my selfesteem back after been treated like rubbish by HSBC when I needed help

 

And don't they just make you feel like **** when you phone them! This comment just summed up my feelings right now! Go Digger!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Hi Hedgehog.

I didnt even Had to phone them to feel like ****, they rung me up to 10 times a day to rub it nicely in that I owe them money and when I complaint about the amount of calls, was told that its my own fould coz I owe them money!

Got them shut up with the banking ombudsman and a thread to take them to court for breaching the Harrasment Act 1992!:lol:

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good on you....going to look for your thread on harrassment as I am sure I could do with that...although they don't phone me anymore...I started to refuse to answer their security questions telling them that I don't believe they are from the bank, or just saying "no, I don't want to!" they are not allowed to discuss your account with you unless you do, I was actually beginning to enjoy being awkward and they stopped calling.

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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I wouldn't have mind one courtesy call a month Hedgehog, but 140 in two weeks every month? Even if I discussed my problems with one person, an hour later the next rung for the same problem again. I was a nervous wreck. To be honest, english is not my first lingo and I learned it on building sites, first of all the F words, but not even them worked on HSBC.

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you can only claim back 6 years at the moment, as long as you follow the faq's and guidelines, you will get your money, oh and

 

Phil Beaumont

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

Ls11 Opp

 

Hi Maverik.

Could do with some help again, so more I read, so more I get confused! I know I can claim the charges, but what about the Total Charges and the interrest?

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When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the 2nd one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother

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Thanks Michael. I am charged several times £ 25 as Total charges, adding to the other charges. What about that money?:confused:

 

yup take that aswell, total charges refers to being over your overdraft limit, they have a charge per day (maximum of 5 days per month i think) so they add these up every month and call them total charges

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Hi everyone.

Now here is a goody! HSBCs answer! Listen to that:

Thank you for your letter dated blah blah. We will forward to you copies blah blah.

WE are happy to waive any fees for the production of this information and we return your payment.

Hows that? Did they finaly get the message, or just scared?:)

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  • 2 weeks later...

Here we go! Just worked out they owe me £ 1185, when I had a letter from them today. Telling me to pay back my overdraft within 14 days. When I rung them I was told only a managed loan is possible for me now or court action.

Putting the thumbscrews on, the B?:£$&s!!! Now they picked a fight and it will hurt them!

Could anybody please let me know what a schedule sheet looks like? I am only a humble forklift driver!

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  • 2 weeks later...

Request for repayment letter send 21/ 7, so the deadline is friday 4/ 8. No answer so far, so it looks like they want a fight. I will post the letter for action friday and see what comes out of it. I get it realy badly, they pull the thumbscrews tight now, canceling the overdraft etc. but nevertheless, they owe me! NO SURRENDER!

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schedule of charges is just the spreadsheet thingy with all your charges listed..

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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