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    • Yes, it has been cleaned now - it had to be, he came out of hospital at the end of December, and Friend has secured the services of a local cleaning company to come in once a week.  
    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
    • good issued the default after you turned 50 when any payment is not longer required on the loans and they should be written off.   it's fast becoming clear that they solely refused your SLC forms as a mode of deferring to create this whole falsehood.   the case your refer to about the new forms is detailed in this form in many SLC erudio threads.   if you could go get a USB converter lead to make your old HDD drives readable from amazon or somewhere , cheap as chips and <£5.
    • Has the property been cleaned now? Is it the in the same state as before?
    • Please follow the link and read what we have to say about people who pay by bank transfer
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

Bills Returned??


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Help Help Help, not heard anthing from hsbc yet BUT i checked my account via online banking and ive gone over my overdraft limit, so i had two bills go out today but on my transactions the money has gone out then it says reversal and then the money has gone back into my account??? does this mean that the DD has bounced?? i also have got a £30 charge???what does this mean? have they stopped me paying for these by bouncing them as revenge, please help!

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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sounds like they have returned your DD's and then slapped on another UNLAWFUL charge. They really are schmucks!!!!

You may find they won't honour things they previously may have when you go slightly over your OD now.

Don't panick tough, you will probably need to check with companies the payments to and just apologise and explain their was a mistake with clearedfunds or something. Most companies are very sympathetic as long as you contact them and let them know you are not ignoring payment etc. If it is a one off that you have had DD returned I am sure they will be ok.

This may well be a tactic of HSBC as a kinda of threat before you come after them.

Don't give in to them keep going with your claim you will get it back. It may well be worth considering opening up a parachute account with another bank.

HSBC did notclose my account when I went for them however now if I do go over my limit I now get a courtesey call to advise I have been charged which I never had previously! They also now charge me for card misuse which I never previously encountered when funds have not cleared intime. Previouslythis was never an issue with them. They are trying to claw back what I got off them!

Keep your chin up!:)

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

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thanks dolfos for the advise feel loads better now, just getting abit panicky at this stage lol thanks again.

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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I know it's daunting taking on the big guys but believe me and look around the site the little people are now winning and banks are running scaredhence the early scare tactics to try and get you to back down.

Keep going. I will watch your thread. Let me know if I can help in any way there are lots of people who know much more than me here but if I can help i will :D

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

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thanks dolfos still havent heard anything yetstill waiting they have 1 week left to rely, when you put your claim thru mcol how long rougly how long does it take for the claim to go thru and how long until you receive your money if you win, thanks again. alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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i have just checked my online banking and have jus found that they are taking more bank charges off me on nov 7th this is after my deadline when i send my mcol, should i include these charges even tho the charges are after i send my mcol as i dont want to put in another claim?

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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what do you think guys?

 

Claimant has account xxxxx with

Defendant from Sept 1997 conducted on their

standard terms and conditions. Claimant is

claiming the return of money taken by

Defendant in charges over 6 years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms

Act 1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 2004 to 2006 of

£1386.70 and also interest at same rate up

to the date of judgment or earlier payment

at a daily rate of £80.67

 

shud i tick yes or no for the human rights act? thanks

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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HSBC have now taken to cancelling my DDS if they are bounced 1xs. They dont tell you they have cancelled it nor does the Co who are asking for it they just dont rec their money and you are charged again nice eh!

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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ignore that mcol letter ive revised it

 

1. The Claimant has an account xxxxxxx

with the Defendant, opened Sept 2002 2.

Since 07/11/04 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1386.70; (b) Interest per S.69 County

Courts Act 1984 of 8% - £80.69 continuing

at 8% until judgment or settlement at a

daily rate of £0.32; 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

 

better?

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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ignore that mcol letter ive revised it

 

1. The Claimant has an account xxxxxx

with the Defendant, opened Sept 2002 2.

Since 07/11/04 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£1386.70; (b) Interest per S.69 County

Courts Act 1984 of 8% - £80.69 continuing

at 8% until judgment or settlement at a

daily rate of £0.32; 6. Alternatively, if

the charges are a fee for a service, then

they must be reasonable under S.15 of the

Supply of Goods and Services Act 1982. 7.

Costs allowed by the Court.

 

better?

 

You may like to remove your account no.

 

Good Luck

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 3 weeks later...

Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

 

Don't stop claim till money in bank. Phone them andadvise them that money has not gone in but don't cancel MCOL till you have it.

They probably have so many refunds its backed up. Call them and remind them clock is still ticking with MCOL to gently nudge them along. Money will be with you soon. Well done x

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

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thanks again the money has come in tonight do i select judgement by admission now as claiment has paid on mcol

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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thanks again the money has come in tonight do i select judgement by admission now as claiment has paid on mcol

 

I don'tthink so - normally you would withdraw claim as there is no judgement to enforce - they have paid.

Consumer Health Forums - where you can discuss any health or relationship matters.

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does anybody know how to withdraw my claim, would i have to write to them or can i do it online?

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hi gizmo yes i have been paid back in full quite suprising! so do i write to the address of the letter that i received (my claim form?)

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hey guys im in a bit of a predicament, i accepted the proposal that hsbc sent me of £1045 but i have since been home and recieved a letter from DG solicitors offering me £1547 which was my overall claim, now what will happen as i have sent off my letter again to DG solicitor accepting their letter even though i accepted the first, do you think they will now reject my acceptance to DG solicitor as the mney has already been cleared into my bank, or would they send me the difference, i havent cancelled the claim through money claim yet so what leg have i to stand on, if i do have one? or have there been instances where they hve sent the money twice as i dont want this to happen as HSBC may try to sue me for accepting two letters please help and end my despair thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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