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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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HSBC purposely obstructing PPI reclaimants.. disgusting!!!


Stan**
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Hi all,

 

We recently wrote to HSBC with SAR covering all accounts ever held by my wife with HSBC. They wrote back saying they had tried calling to discuss (they hadnt tried calling) and for OH to call them back. When she did, they tried to put her off requesting data of accounts, OH put it bluntly that it was her right to have it for her own records.

 

A few days later she receievd a letter, confirming SAR was being processed, however they are claiming all details of PPI insurance cant be delivered as it is handled by a seperate entity - HSBC Insurance services something or other, and that we needed to write to them with another £10 fee.

 

My question is, is this correct? Surely if they had been applying an insurance charge, no matter the provider, they details of this would be on my OH transactions?

Following that, if she was to make a PPI claim, who would it be against?

 

Thanks in advance.

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Hi Stan

 

Right, you do not need to contact the insurance division.....all of the data you would need would be held by the bank.

 

What you are after in respect of the SAR are ideally copies of any and all agreements together with full transaction history.

 

The bank are required by law to send you all of the data they hold on you for all accounts within 40 days of receipt of the SAR.

 

Stick with the SAR request you have already done. Failure to comply is worth a complaint to the ICO and if necessary is also actionable in court to force compliance together with damages at the court's discretion.

 

As far as who the claim is against, if it was a loan and/or credit card from HSBC then it will be the lender who is responsible.

 

There should be no need to discuss a SAR response on the phone....the banks know very well what they have to do but will try and put people off in an attempt to mitigate their payouts.

 

Don't be fobbed off by them.

 

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thats the 2nd bank this week thats pulled that stunt

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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changed the title and put it on their twitter feed too

 

lets shame them publically all over the world.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

SAR =40 DAYS, no more than that, if HSBC are late immediate complaint to ICO as HSBC have stated to ICO that steps have been taken to correct procedures to comply with the 40 day deadline, I have it in writing, we know HSBC have ignored on one or more occasion since as reported on sites.

 

So Please ensure that you keep any request simple if you are asking HSBC anything!

:mad2::-x:jaw::sad:
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  • 4 weeks later...

Hello, I had the same letter sent to me and when I called them to ask about it, the lady explained that because the PPI had been sorted through a different area, I had to send a £10 cheque requesting all data from them. Now having read this post I too will wait for my SAR to be completed.

 

On that note, I have received a letter today informing me that "2 large heavy boxes are ready for collection from my local branch". It has only taken them 31 days from posting letter to receiving letter today, although, what they have actually sent me is yet to be seen!!

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As expected, HSBC have not sent all data requested. My credit card statements only begin from Feb 2005, the card was taken out in 1997 when I was a student. I have got the letter ready to send telling them to send the rest of the data or I will take it to the next level. Not sure they will go back that far though, they will just state the 6 year waffle.

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try

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Update -

 

So after a couple of evasive letters and calls from HSBC Data Protection woman,

 

my OH has received to large boxes, full of reams of internal layout statements i.e. very hard to identify!!

 

Interestingly, the covering letter identifies all the accounts we know she held with HSBC, 7 in total, but against 3 of these it says something like "closure date unknown".

 

And more interesting lt we think these are the ones which would have had PPI in with them.

 

So:1) Im guessing HSBC arent obliged to send anything other than the disiferable mess they have sent, in terms of statment layout? These arent easy to read!

 

2) There is still no hint of PPI breakdown

 

3) They insist that PPI transactions can only be supplied by there insurance dept.

 

They are a real pain to deal with!

 

ANY help/pointers/advice is greatly welcomed!!

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write with the failure to comply letter

giving them 14 days before you file a complaint with the ICO

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do you have any recomendation for wording, or a template I can use?And to confirm, are we stating failure to comply due to lack of relevent PPI information, of how they have presented the data, or both? or something else?!Thanks for your help :)

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just tell them they have failed to supply XYZ data

 

under your SAR

 

if they do not supply the required info within 14 day

you will open a complaint with the ICO

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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