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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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Advice needed please


peterq2
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Guest Lueeze

Im not sure, I think theres a asection on the MCOL website that can help with that....

 

Maybe someone who has already claimed can tell you.

 

Lou xxx

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Thanks Lou, I have just checked the site and have found the answers - You'd think I would have thought to look there earlier, :rolleyes: just put it down to nerves lol ....

I have copied and pasted all the steps and will read through them to try and familiarise myself with the next likely steps.

 

All the best m8 xx

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:confused: Well I have now had a further letter from the bank ..... dated 15th May ...grrr! "Thankyou for your letter dated 18th April we are sorry you are unhappy ...blah blah blah.... looking into your complaint...blah blah...enclosed a leaflet blah blah blah" etc etc etc

 

How rude! They first ignore the actual content of my letter of 18th April, and send me a non-sensical reply, and now that i have started my claim with MCOL they all of a sudden - nearly a month later - get 'helpful' and 'concerned'!

 

PAH! HSBC what are you playing at?!

 

Sorry to complain, just felt like venting a bit! :)

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OK just checked MCOL and have noticed that HSBC have now "acknowledged claim 17/05/2006 " Hmmmm is this normal practice or are they going to make an example out of me? I have read the notes online and it states that after being served with the claim the defendant has five options one of which is to file an acknowledgment of service which is outlined below:

 

Acknowledgment of Service

 

If the defendant does not admit the whole claim the defendant should file a response to the claim within 14 days of service of the claim. However, if he needs more time than this filing an Acknowledgement of Service extends this total time for filing a response to 28 days from the date of service.

Filing of an acknowledgement of service might also be used to tell the court that the defendant intends to contest the court's jurisdiction. This means that the defendant believes that the court does not have legal authority to hear the claim that has been made against him. Jurisdiction in this context does not refer to geographical location, for example - if the defendant lives in London and the claim was issued through Northampton, this cannot be considered as grounds to contest the court's jurisdiction.

 

Gulp, I think I may be losing my bottle - words of encouragement gratefully received at this point guys!!!! :(

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WOOOOOHOOOOO!!! - I can't post details as I am signing the confidentiality thing, but hope this illustrates my mood --> :):lol::) :grin: I will be donating a little something something to the site as soon as I get my grubby little mitts on the cash!

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Thanks for the letter template I am also going to try and make a claim against the HSBC.

Can I just ask a few questions:

Do I have to work out the exact amount they have charged me in the 8 years I have been with the bank?

Is that £1327.50 a standard amount that people are claiming back as I know someone who claimed the same amount as you are claiming?

As this is the first time I have even seen this website please bear with me if I am asking obvious questions but I would be very greatful for any help you could offer me as I believe I have paid alot over the years I have been with the bank.

Can you also advise me of the next step when I have sent the letter to the bank?

 

Thanks

Leanne

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Hi Leanne,

 

You must only claim the amount that the bank have taken from your account in charges (no more no less) !

 

The amount I claimed was the actual amount of charges taken from my account in various charges.

 

To find out the amount you should claim you should either put in a DPA request to your bank (this will cost you £10) or alternatively check all your statements for any charges and add them all up this will give you your total amount "owed" and this is the amount you should request in your first letter to your bank.

(you may be able to access your statements online for free if you do internet banking).

 

It will be so much easier for you, and less stressfull if you visit the library section of this site and familiarise yourself with all the steps.

 

It is adviseable to open another bank account before you do anything else (an umbrella) in case your bank get shirty with you for daining to challenge their unlawful activities (there have only been a couple of cases where the banks have closed accounts, but better safe than sorry)

After calculating all your charges from your statements:

 

1. Basically you send a draft of the first letter (preliminary letter) (template in the library) illustrating the amount you wish to claim back. Give them 14 days to respond.

 

2. If you do not get a satisfactory response from your bank after the first letter (by satisfactory I of course mean FULL settlement) then you go to step two the letter before action (LBA) template also in the library. Most people give the bank a further 14 days at this stage (I only allowed them 7 days) but its a personal choice, the courts (should it get that far) look favourably on you for giving the bank every opportunity to resolve the case outside of court!

 

3. Now its time to make a claim either you can do this at your local county court or you can do it online with moneyclaim (this is easier) it will cost you anything up to £120 (reclaimable from your bank should you win). This website tells you all you need to know so the best advice I can give you would be to read the library section as many times as it takes to feel comfortable with it. This is not something you should undertake if you aren't prepared (the banks are like sharks and will smell weakness :D ) You will stand a much better chance of success if you are prepared!

 

Good luck with your claim - the little guys finally seem to be winning!!!!!

 

Thanks Lou, I have filled in the survey.

 

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Thanks for the letter template I am also going to try and make a claim against the HSBC.

Can I just ask a few questions:

Do I have to work out the exact amount they have charged me in the 8 years I have been with the bank?

Is that £1327.50 a standard amount that people are claiming back as I know someone who claimed the same amount as you are claiming?

As this is the first time I have even seen this website please bear with me if I am asking obvious questions but I would be very greatful for any help you could offer me as I believe I have paid alot over the years I have been with the bank.

Can you also advise me of the next step when I have sent the letter to the bank?

 

Thanks

Leanne

 

There is no standard amount; you claim back what they owe you.

 

I recommend your first couple of days on the site is spent reading the RED forum on the forum list; it's got loads of top notch info about what you can and can't do, and the step by step process to follow.

 

Then, once you're a bit more clued up, read people's stories in the forum that applies to your bank.

 

Then, once you're ready, post your own new thread regarding your fight with your bank, and use it like a Diary so that we can all see how you're getting on.

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Do I have to work out the exact amount they have charged me in the 8 years I have been with the bank?
It may just be a typo, but you can only claim back for 6 years from now. So even though you have been with the bank for 8 yers, you can initially only claim for 6 years. There may be other ways to claim for longer periods, but they are still being worked on.

 

Neil.

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Guest Lueeze

Leanne you must read the FAQ's before starting a claim, or you will ultimmatly make mistakes. Please start your own thread if you have further questions as this is someone's diary thread!

 

Louise

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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