Jump to content


  • Tweets

  • Posts

    • Thank you very much for your letter in regard to the above mentioned shipment.  Due to the high volume of parcels coursing through the courier network each day, undergoing continuous processing and handling, certain packages may experience delays or even can get lost in the course of this journey. Please note that due to the time that has passed, this shipment has been declared as lost.  I have today processed the claim and made offers to the value of £75 as a goodwill gesture without prejudice. I do acknowledge that you have mentioned in your letter that the value was higher, however, you did not take out any protection to that amount. The protection for this shipment was £20 and we will not be increasing our goodwill offer any further.    Please log into your account online in order to accept our offer. Once accepted, our accounts department will process the claim accordingly. The claim payment will be processed and received within 7 working days.                                  In addition, a refund of the carriage fee will be processed as a separate payment and will be received within 3 working days.  If I can further assist, please feel free to contact me.   I have also just noticed that yesterday afternoon they sent me an email stating that "after my request" they have refunded the cost of shipping. I did not request the refund so will mention that in my letter as well.
    • Hi I had to leave Dubai back in 2011, during the financial crisis. And only now have I received a letter from IDRWW. Is this anything to worry about about as I have 2 years left until it’s been 15 years(statute barred in Dubai). Worried as just got a mortgage 2 years ago. Could they force me in to bankruptcy? Red lots of different threads on here. And unsure what true and what isn’t. 
    • Not that TOR will see this now he's thrown in the hand grenade. Rayner has plenty of female supporters on X, for a start. As for the council and HMRC, fair enough and I thought Rayner was already in touch with them. That's where it should be dealt with, not the police force. @tobyjugg2 Daniel Finkelstein thinks the same as you about tax. The Fiver theory. How the Fiver Theory explains this election campaign ARCHIVE.PH archived 28 May 2024 17:36:51 UTC  
    • Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.   Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish. What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place. Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that.  Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.
    • So Rayner who is don’t forget still being investigated by the local council and HMRC  is now begging to save her seat Not a WOMAN in sight in this video other than Rayner  Farage is utterly correct this country’s values are non existent in her seat   Rayner Pleads With Muslim Voters as Pressure From Galloway Grows – Guido Fawkes ORDER-ORDER.COM Guido has obtained a leaked tape from inside a meeting between Angela Rayner and Muslim voters in Ashton-under-Lyne...  
  • Recommended Topics

  • Our picks

    • 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
      • 161 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
        • Like
  • Recommended Topics

HSBC v Pipster - Court Tomorrow!! *****Discontinued*****


Pipster2797
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4452 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 359
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well done Pipster, I am really pleased for you..

 

and a:clap2: for DB :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I don't have a beef with HSBC but still, I'm subbing to this thread as the sheer spunk, guts, strength and wonderful advice given by the more knowledgeable CAG crew give this old Coffee gal mucho strength, spunk and gutso in return to continue fighting her fight with these "establishments"! :nod:

 

Enjoy time with your boy and your 1 or 2 pints - you've earned them! :biggrin1:

 

Best,

 

Coffee

Link to post
Share on other sites

The point is quite simply that Pipster signed nothing – the card was arranged over the telephone.

 

Their argument is that, as their systems are wholly reliable, the likelihood is that he WOULD have signed a contract.

 

Our simple counter argument is that if their systems are so reliable, how come they don’t have a copy of the contract he signed?

 

They can’t rely on the efficiency of their systems, then deny that efficiency in the same breath, simply to suit their case.

 

The judge said as much in the Harrison v Link Financial case – Link produced an MBNA employee who swore that certain things must have happened because that’s how things were done. Luckily, Mr Harrison had proof to the contrary. Too often the judiciary believe these well-meaning fibbers – oh it’s a bank, they must do things properly. Well, no, they do not.

 

There is no signed document with Pipster’s scrawl. Never has been.

 

Thanks everyone.

 

Had a few hours chill time with my little boy before bed. Going to enjoy a couple of beers now :-D

 

I can still remember the call well as I hadn't long moved into my first place and was about £400 overdrawn but had a good history with my bank account, looking back they advised me to get the credit card and me not fully understanding credit at the time and at an age of 23 thought this sounded great, got rid of my overdraft I was being charged a fortune for each month. She ran through the CCA over the phone and I got the card through the door. Was quite shocked it was so easy. I know I didn't sign anything

Link to post
Share on other sites

Morning Everyone!! :-)

 

Our visitor is back this morning and still reading. :violin:

 

Well enjoyed a few beers last night but have a bit of bad head this morning. Don't often get to enjoy a few beers with having a little one that wants to be up at anywhere from 6am.

 

Well I do feel more confident about this today and looking forward to hearing from HSBC and DG solicitors now and what their next move will be. I think that because basically the judge said 30 minutes would not be enough time and then gave it 2 hours they will press on exactly the same. One good thing now and something that has swung in my favour is that they can't play dirty like they have done by sending the WS on the day of the hearing. They have been ordered for the skelly to be in first and served to me and the court and then for mine to be put in. So I feel allot more confident because of this.

 

Its mad from HSBC though. All they had to do was release details in the first place and had my charges been refunded we wouldn't of been in this situation. The account would be paid back.

Link to post
Share on other sites

The good thing is they can now ONLY produce a skeleton argument – no more witness statements. If they try, complain.

 

They have admitted they cannot produce a DN and you have cast doubt on the validity of any DN they might have produced.

 

They have only an improperly reconstructed agreement under s 78, which is useless under s 127. From your WS, they also know that you never actually signed an agreement. Let’s see them get over that one.

 

They have insurmountable hurdles to overcome now, IMO. They would be better off contacting you to try and settle.

Link to post
Share on other sites

still 2 guests watching :lol:

 

I hope they do make the first move of trying to settle.Even though they have admitted they don't have a CCA and because of this have no right to collect the money it isn't my intention to not repay what I owe (the correct amount), however it will be on my terms because of the bullying and underhand tactics!!

Link to post
Share on other sites

  • 2 weeks later...

Just give an update.

 

Court order came through today.

 

HSBC to file their skeleton arguement by 22nd Dec (Thursday)

 

Mine to be file 5th Jan.

 

Case for strikeout to be heard on 12th Jan under a 2 hour hearing!!

 

So I know HSBC will be aware it is soon for the skelly arguement to be in but the order has only landed today. Lets see if they file it by Thursday. What happens if they don't file it?

Link to post
Share on other sites

Pipster, if they dont file.. they will probably be given some more time :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

That would be pretty bad if they were given more time.

 

DonkeyB - With regards to a WP letter, I'm not sure what would be best. See this out or offer them to withdraw and each side bears own costs. If I'm honest if I sent a WP letter offering that what would be the best angle to cover in the letter? The fact that they don't have a CCA or proof the default notice was sent etc? Or a different angle?

 

I'd be happy for this to be over and would accept their offer if they were to make one of bearing own costs and discontinue the case.

Link to post
Share on other sites

Update

 

well hsbcs skelly argument has to be filed today and Ive just had my post. Guess what? Yep nothing in the post from DG Sols for me.

 

Gonna ring the court later on and see if they have filed anything with them. My reckoning is they will say they sent me it but because of christmas post etc it isnt their fault. I feel it will all just be stalling tactics from them to delay me getting a copy and delay me getting my skelly argument sorted.

Link to post
Share on other sites

Well thought I'd ring the court because if they had filed the skeleton arguement I could go get a copy today and start work on it. The court said nothing had been recieved and went away and checked the work to be done list and again nothing from them. She said they have got until close of business today to get it filed so it could still come in today. I have to ring back tomorrow lunch time to see if anything has been filed.

 

I asked what happens if they don't file because the order is made out that I have to file and serve a skeleton arguement in response on the issue of enforceability under s127 by 5th Jan 2012. I can't file that because I cant respond to their skeleton arguement. The clerk said they wont chase them for it and I will have to write a letter in and they will place it before the district judge.

 

Dunno if it it is stalling tactics by HSBC or are they going to not bother with summary judgement now and keep the case as stayed?

Link to post
Share on other sites

Pipster

 

Typical behaviour fromHSBC/DGs I'm afraid. But if you keep at it, you will succed. I did and after nearly 3 years, they backed down 2 days before the full trial before a proper judge. They didn't have much option, no CCA, wrong T&Cs filed and no DN. Sound familiar.

 

You may get the skelly some time in the New Year. In the meantime I suggest you try to draft your own skelly.

 

Cheers

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

Link to post
Share on other sites

I cant really do my own skelly as the order states I have to file and serve a skelly in response to theirs. If I put a skelly in without having their skelly it won't be in response so my reading of it is that until I receive their skelly I cant do anything.

 

I'll wait until tomorrow lunchtime and if it hasn't been filed I will then write to the court.

 

Who knows HSBC may just have given up and decided to not spend any more time on the case and just not bother to send anything into the court. I should be so lucky though.

 

My other option is to ring DG and ask where it is!! Think I will hold off and see if it comes into the court tomorrow.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...