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    • jk2054
      Santuary Housing

      By jk2054 · Posted

      Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
    • dx100uk
      Debt advice

      By dx100uk · Posted

      lowell letter = we've mugged you once - why are you not paying this other debt....😎
    • dx100uk
      Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form

      By dx100uk · Posted

      i see you are posting this all over the internet too. here you say it was returned by the safety camera dept UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please? WWW.FTLA.UK UK, Wales Returned NIP Nov23 - Heard Nothing - Now It's been returned as refused and have SJPN Form. Help please?  
    • axil23
      Wrong settlement quote given on PCP.

      By axil23 · Posted

      I see what you mean. I will wait till the 8 weeks is up and then take it up with FOS. Before I do will be on with some more details on the SAR. Thank you once again. 

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bong v HSBC *Contractual Interest & 13yr claim**WON!!!**

Guest bong

By Guest bong
in HSBC, FD and HFC successes

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Guest bong

Guest bong

Posted
Posted

Hiya lattie,

 

Well then there is this thread here which is a successful claim for interest on the manged loan : http://www.consumeractiongroup.co.uk/forum/hsbc-bank/16862-husband-hsbc-paid.html#post131690

 

What I said to pete, in a PM, was that I understand this to mean the following:

 

Say for instance the managed loan consisted of old overdraft of £2000, bit of spending money £500, and credit card balance £1500. Total £4,000. Managed loan taken out on say 25 June 2005. What I would do is using the spreadsheet you made to reclaim your bank charges, find out what the unlawful charges and overdraft interest on the unlawful charges totalled at 25 June 2005. Say it totalled £2,000. That means half of the managed loan was taken out to pay unlawful bank charges and interest, and it follows that half of the interest on the managed loan is reclaimable.

So you will need to find out what percentage of the managed loan related to unlawful charges and interest and apply that percentage to the ML interest.

 

I would also then apply contractual interest to the monies being reclaimed, or statutory interest when it goes to court.

 

At the moment I'm still thinking about what would happen with future interest on the ML. These are my thoughts - if they have refunded the offending penalty charges, and you could technically use this money to pay off that part of the ML, then you are in a poisition to mitigate your loss as it were and reduce the interest that is accruing. I think therefore that if you don't use the money in this way, maybe you would not be entitled to future interest rebates. Perhaps, looking at it this way, the claim for interest on the ML would only relate to interest charges in the period from when the ML was taken out to the date your current account charges were refunded? However your claim for interest on top would carry on until the claim was settled.

 

I hope this helps and hasn't confused you

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lateralus

lateralus

Posted
Posted

guess what! i actually understood that. you are a star! and i will tip my hat (and the scales). i don't know what he will say when i talk to him about it - he used 2k of the 2280 he got refunded on the current acct. to reduce the m.l. so i know it is bugging him (but also embarrassed to be there in the first place, no matter how much i've told him he is a little fish in a very big sea), so, thankx for that. i will munch on it and see what he wants to do. if he decides to go with it - i look forward to another challenge and will let you know if we do.

thankx again, ms bong!

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lateralus

lateralus

Posted
Posted

just one more thought - before i get too excited. here's the quote from the acceptance letter he signed on the current account.

"I accept the sum of £xxx.xx in full and final settlement of my claim against HSBC. I agree to keep the fact of my claim and HSBC's ex gratia payment stricly confidential."

you'll see where i'm going with this - would this preclude us claiming for the interest on the ml as it's covering those charges - should this have been done all together (like husband's thread) or can it be done now? i would think it's ok but want your thoughts. thankx

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Guest bong

Guest bong

Posted
Posted

My thoughts are that his acceptance was only in relation to what was included in that claim document. This is a new claim in respect of previously undisputed interest charges.

 

If they try to fight it you can use the fact that they've already settled a similar claim (husband's) against them.

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Guest bong

Guest bong

Posted
Posted

now that can only mean one thing Bill - com'on where you been? who with?;) have you been offering free bananas around again?

 

Thank you both for blobbing me:D

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bill-k

bill-k

Posted
Posted
now that can only mean one thing Bill - com'on where you been? who with?;) have you been offering free bananas around again?

 

Thank you both for blobbing me:D

A gentleman never discloses...

A gorilla just gets on with the job...someone has to do it.

Too much information again - giving myself away willy-nilly, or should I say bananarama ?

 

Aaaw, heck !!! :mad:

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lateralus

lateralus

Posted
Posted

and now she has four i see! well deserved in my book - you still get my vote for site helper or mod! have a good friday, bong. if passed fridays are anything to go by - there just may be some happy offers in the post today for our little impatient fledglings!

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bill-k

bill-k

Posted
Posted

Is that right, Lateralus - has she just been blobbed up to four ?

 

Well, congrats Bong - you not only became a black belt in origami this week, but a four-blob bank-basher, now, too !!! :D I'm damn glad you're a mate - not an enemy.

 

Hope it's as good a Friday for you, too, Lattie !!

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Matheos95

Matheos95

Posted
Posted

Hi Bong

 

Just wondered if you had heard anything else as we are both running similar time lines - natwest filed acknowledgement on the last possible day grrr and now there defence is due this Friday and not heard a thing - just wondered if your defence had come through yet, will be interesting to compare defences as same POC's used on N1's.

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Guest bong

Guest bong

Posted
Posted

:( Nothing to report :(

 

they've got until 20th (a week tomorrow) for their defence and HSBC solicitors are slowing up now with the responses. yes it will be very interesting to compare defences won't it:D I'm subscribed to your thread so I'll pop along there when you update with any news.

 

everything crossed for us both

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Guest bong

Guest bong

Posted
Posted

DEFENCE RECEIVED THIS MORNING FROM THE LOVELY DEBS :D

 

All standard stuff which makes it interesting seeing as my claim wasn't standard stuff :D .

 

1. the claiman'ts account is governed by the defendant's personal and/or business banking terms and conditions. (don't they know which?)

 

2. pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft.

 

3. the defendant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).

 

4. the charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them (but DG I haven't used them!); alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and accordingly cannot amount to a penalty.

 

5. save as set out above, each and every allegation made by the claimant is denied. for the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief. (looks like I'll be crossing me legs then:D )

 

statement of truth...

 

 

 

AQs to be in by 29 December.

 

 

oh what fun

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Matheos95

Matheos95

Posted
Posted

Wow I expected something much different than that lol hehehehe with all the amount of cases they have in at the moment maybe they didnt notice the dates LOL :p well here is hoping - nothing in the post for me this morning only 2 more posty runs to go ;)

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bill-k

bill-k

Posted
Posted

oh what fun

...it is to be on a one-horse open sleigh !!

 

Sure looks to me like they're sending out defences as templates, like sod-offs. They know they've lost, and are just knee-jerking, it seems to me, Bong.

 

Oh, thanks for the clickie - you're most kind. I won't ask where you've been though! Oh - special thanks in fact - it "blobbed" me up, too !!!

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Guest bong

Guest bong

Posted
Posted

do you know what I've discovered?

 

this isn't their standard defence. I've just looked at all the hsbc defences that've been posted up in the forum and they've really excelled themselves with this one. i've got an extra 2 paras that no-one else has got! na-na- na-na-na! shame they haven't made the usual boo-boo of saying "...price for a service provided by the claimant.":p

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babsp2000

babsp2000

Posted
Posted

LOL @ Bong! We always knew you were special!

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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bill-k

bill-k

Posted
Posted

Bong - or anybody here, I'm trying to get someone to look at Tanz'z thread here. I can't help much there as it's not my field (so far), Claiming charges + Default removal. Can anyone take a peek - it's a simple query, I think :-

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-capital-one.html?nojs=1#goto_threadtools

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Guest bong

Guest bong

Posted
Posted

hi Bill - I've had a look but defaults aren't my field either. There is a sub-forum in the legalities forum for default issues, thats all I can suggest.

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OCTAF1SH

OCTAF1SH

Posted
Posted

Hello again!

 

wow, nice particulars!! (damn, foot in it again!)

 

I take it sections 9+10 are there just because your claim goes beyond 6yrs?

 

may i pillage a few bits of wording and arrangement please?! will add to my existing draft

 

wil.

BANK: Halifax

CHARGES: 2994

CONTRACTUAL INTEREST: (29.8%)

PRELIM SENT: 4/10/06

ACKNOWLEDGED: 18/10/06

PULTERY OFFER RECEIVED: 26/10/06

NEW & IMPROVED PRELIM SENT: 7/11/06

FINAL LBA : 17/11/06

N1 SUBMITTED: 18/12/06 (deemed served 20/12)

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Guest bong

Guest bong

Posted
Posted
Hello again!

 

wow, nice particulars!! (damn, foot in it again!)

 

well thank you:p

 

 

I take it sections 9+10 are there just because your claim goes beyond 6yrs?

 

you're right there

 

may i pillage a few bits of wording and arrangement please?! will add to my existing draft

 

wil.

 

you may

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mcuth

mcuth

Posted
Posted

Hey Bong!

 

Finally got my RBoS big contractual interest & 6+ year claim underway today - see here. Your PoC were most useful, thanks - think I already clicked you for them though, cos it won't let me do it again :D

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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