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    • Homer did say not to contact DR+.   If that's all the paperwork you have, sit tight and see if a letter before claim/action turns up. If you get one - and you may not, come back here and we'll help you to write back.    Or if you get more threatograms, let us know and we'll let you know if you need to take any action. In the meantime don't write to anyone and keep any correspondence for now.    HB
    • Hi DX   That is the only info letter I have we can't locate the first letter or original parking fine notification My wife said there wasn't  anything on the car windscreen. Do I ask the DC for the original notification ?   what shall I do just wait until they pursue through court ?   apologies for lack of info  Cancookwill
    • Hello, I've been following this thread and have some experience to share... Stand by for lots of words.   About 6 weeks ago, the engine seized on my car - 10 days before planning to use it for our 2 week trip around the UK!  I searched the internet for companies who could replace/rebuild the engine and get it back to me in time... One company that came up was 169 UK. I called the number and explained my predicament and the chap on the phone (who called himself Lee - I'm not convinced this was his real name) promised that if the vehicle got to him the next day or so, he'd have it done in time for our holiday!. He gave all kinds of reassurances about the types of vehicles they work on, from Porsches etc, even people from Spain taking their cars to him.. All work came through 3rd party websites (how i'd found them too) so you generally wont find reviews.    I was weary going into this, but you got to put your faith somewhere, right? so off it went on a trailer to Essex. NOW... I'd already asked where it would be going and I also tracked it by leaving a mobile phone hidden in the car. Interestingly, the place i was told i'd be collecting it from was not the same place the recovery guy (called Patrick?) told me he was delivering it to..    Anyway, they get the car and straight away tell me that the sump is full of diesel and that my ECU is faulty and its locked open one bank of injectors - causing the failure. All of this is feasible, but it meant that the car would not be ready in time for my holiday  He also tells me the DPF's (i'm sure it only has one, but he referred to there being more) were also completely blocked solid and needed to be dealt with (in this case, drilled and mapped out - which is also illegal) All of these little extras have now taken the cost from £3500 to nearly £5000  - as he was " putting together a special package for me" I tell him ok, i'm now away for 2 weeks so you have a little more time, i'll collect it when i get back.  I call him on the Friday before we travel home, asking how its going... he says "well, we aven't done it.. you said you were gonna be away for 2 weeks" apparently he marked to dairy wrong. So i call him again on the Monday following, I say I want to collect it that Thursday... not unreasonable. He then starts with the excuses that he has loads of guys off sick at the moment etc.. BUT, The car IS in the workshop and the boys ARE getting on with it. I say, OK.. but keep me updated daily as i need to make arrangements to come and get it. Tuesday passes without a word, so Wednesday morning i txt him asking for an update. He called me back around and hour later to tell me that the ECU they sourced for me is also faulty (they tested it before fitting it as they're nice like that) and it has water damage so he has to get another one, but that isn't going to get to him until the following Tuesday - which brings us up to this week.   Everything up until this point has been feasible if not a little annoying, BUT here is where is gets good...  On Sunday i happened to be in Essex on other business so decided to swing by Basildon and see if i could find my car. Knowing where it had been dropped off before the tracking phone died, i had a good idea where to look. And i also had the address of the garage where i'd be picking it up from. Hoping to not find it too easily - after all, it was being worked on on the Monday; Imagine my surprise to find it in the exact location it had been dropped off 4 weeks previously!  I lifted the bonnet - nothing had been touched.  The amount of dust on the bodywork and distinct lack of any hand prints etc strongly indicated that nothing had been touched and it certainly hadn't been moved in all that time. He may well have taken the ECU out to test but put it back, that's easy to do - but there is now way to tell from there that the DPF is blocked without removing it, or having full access to the ECU - which is faulty, remember?  It had all been LIES.  Now i am annoyed, but informed and he doesn't know that i know he's been lying to me.  I spent the next couple of days talking to various people i know and arranged my own recovery to get the car back - even if that meant effectively stealing it back. Long story short, i had it collected and got it back to me last night.  The guy who collected it went to the garage i'd been told i'd be collecting it from - Unit 28 Noble Square( Essex car and Commercial) and asked for Lee... Low and behold no-one by that name works there and the car (and others parked in the same place) were nothing to do with them! but then one guy did say "oh hang on, i think i know who you mean, let me give him a call"... 10 minutes later, 'Lee' showed up.  My man then had to endure conversation with this charlatan, but did glean some information that might be of interest.  "LEE" doesn't directly do any of this work... he takes on jobs, maybe up to 30 at a time and then farms them out to local garages. This explains why nothing had been done and why so many others get stuck in this net.   I was surprised that he was calm and didn't get the hump about me taking the car back, i still don't really understand what the scam is, but there definitely is one.  I think i've been very lucky that no money has been paid, i owe him nothing and i got out of there.  The amount of mental anguish and anxiety this has caused me has been extreme.  Now i'm back to square one, still with a broken car. But i'm only £500 out of pocket (for the recovery each way) and not £5k that it was supposedly going to cost... at some point, who knows when!     
    • Good luck from me as well Dixon, fingers crossed.    HB
    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
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Eades Vs HSBC


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aceades: I'm dealing with my sister's money claim and you're in the same boat as me, same bank and everything. :)

 

They're defending too, and my sister is probably filling out the next court form as I type this. The time for negotiating is over, by the way. Screw DG, don't waste your time trying to negotiate with them, the ball's in their court and you just need to show you mean business.

 

Stick to the court route, they'll crack without your prompting, they're just trying to get you to bottle it.

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Hi,

 

Ok so yesterday i though i would call D+G on the number in the info thread which turned ouut to be one of the operatives direct lines (Debbie someone) and she sounded well annoyed just picking up the phone - i was as polite as possible and asked if i could find out whether my correspondace had been recieved.

 

She said (beofre i gave her a name or any reference number) I dont deal with this in a rather stroppy tone, i asked if icould be passed to someone who did and she said she would get them to call me back, she then asked for my name and my 'number' which i thought would be my court case number but she only wanted my phone number and then said someone will call you back shortly.

 

Suprise suprise - no phone call, so i tried to call up today and she is out of the office untill wednesday, there was another number left on the answerphone message but that just rings through to answerphone as well.

 

Does anyone know anotehr number ?

 

Alos i just received info that a letter from the court has arrived which i believe will be my AQ, if i am correct i should just hang onto this and wait for cummunication from D+G, i will try to get in touch in th emean time to check they have recived my updated schedule and perhaps fire off another for good measure - and then i should get some for of offer yes ??

 

I raelly hope this is the moment i have waited for - Get In !

I have no debt , but i cant get any credit : (

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Looks like you are still just 1 day behind me - I received my AQ yesterday..

 

I was going to send a rejection letter (I received an offer from HSBC) and copy DG into it, giving an excuse to send the schedule to her again... but I might just give them a bell if you get a response!

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Hi

Just for info I'm at the same stage,I returned my AQ to the courts yesterday as this was the last day possible, conversation with D&G beforehand produced nil I'm therefore waiting for a date in court.

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I may be just one day behind you but i am yet to receive an offer, i have had nothing except the standard fobbing off letter and court notifications.

 

Why has every one had an offer but me ? :(

I have no debt , but i cant get any credit : (

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You're not the only one!

As stated above I'm now waiting for a date to go to court. I think that the amount of people claiming has obviously created a backlog.

Just keep going

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Oh no a date to go to court!!

I'm really scared now as my date is looming too. My AQ deadline is 30th and I was hoping to hear from them by then!! I'm gonna keep faxing them my schedule every day so it really bugs them!! They'll know my name soon!!

I just don't want to go to court.

It seems there are loads of us within a couple of days of each other. They must have done some overtime!!

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think of it this way: you file - they get 14 days, they acknowledge - they get 14 more days, they file defense, they get about 2-3 weeks with mail time to file their(and your) aq, that buys them about 30-60 days before they have to ACTUALLY GO TO COURT. and guess what - they ALWAYS settle. it is just unfortunate for those of you who, because of the backlog of claims are getting pushed into that last time period available to dg. it only means it takes a little longer but you will get your money (barring anything really, really wrong or out of the ordinary - don't jump on every word i say - i only mean - if they want it thrown out because it doesn't fit somehow - that's why you've followed the plan - it is ok - you just have to wait a little longer).

and so, that's why i try soooo hard to get people to hold off on the aq - it just buys them more time to stall.

so,,,,,,if you've sent them a breakdown - call, then e-mail, then fax then whatever you want to bring yourself to their attention before you need to file the aq. but if you do, you do, don't miss the aq deadline. if you haven't sent a breakdown because you missed this advice and no one asked for it - send it now!!!!

there's lots of aq help if you need to file it.

and if by chance you get an offer and accept it but haven't gotten the money and the aq is due - then ring the court and ask for the deadline to be extended and why and they will.

stop worrying about going to court - won't happen!

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Hi, well i opened my maila nd it was notice of defence from the court, also included AQ, my schedule and covering letter & also the defence from HSBC (Debbie D'abney

 

any way here is what it says

 

*The claimant's account is governed by the defendant's personal and/or business banking terms & conditions

* Pursuant to the Defendant's terms & conditions the defendant is entitled to make a charge for its services as set out in the defendent's price list, including an overdraft review fee for considering whether to provide and providing overdraft.

* The defendant denies that the charges applied to the claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999.

*The charges applied to the claimant's account are reasonable and are properly and fully disclosed in the defendant's terms & conditions and published price l ist. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges, and accordingly cannot amount to a penalty.

* Save as set out aboce, 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.

 

 

 

Sound a bit scary, but i can see many holes in it not to mention that this all started from asking HSBC to justify the charges and all they come back with is that there contract specified these rediculous charges, seems like such disorganised crap.

 

How can they get away with saying this on offical court papers and not be strung up - beats me its just how the crap system works in this country its like they are above the law !

 

Anyway the mail also had acovering letter saying i would need to stump up another £120 to take it down to Redditch court and if that happens i getting a legal rep so there cost for them to pay is just going up & up

 

i cant wait till next week broke as a joke right now but with a week i have 3 very large payments furinishing my account, think i'll open a nice new current account that actually gives me soem interest too.

 

I better try calling D+G again as even after messages were left still no return calls - i will also send a fax through, and would like to send an email which would be better as the spreadsheet would update every time they open it - Anyone got an email address or another number other than the 2111 number ?

 

Cheers again - seems to be loads of us at the same stage now :lol:

I have no debt , but i cant get any credit : (

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Ok so yesterday i emailed Debbie, and then faxed her my 6th itteration and then finally i got a call back from ' Jenny Tile' i think just confirming that they have my schedule and that i should expect a letter soon -

 

Wonder what that letter will be ??

I have no debt , but i cant get any credit : (

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Hi - i've just read your entire thread with great interest. I'm just about to file my MCOL tonight and would appreciate your help.

 

Would you mind reading through my thread...

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/53770-chris-hsbc-adventure.html#post493636

 

...and giving me some hints on the "particulars of claim" section of the MCOL?

 

Any advice appreaciated and best of luck with your claim! go for it!! fingers crossed!:-)

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Cheers, just about to check out your thread Chris.

 

Further to my 'adventure' i have now had a second confirmation call from D+G saying they had my info and that it would be dealt with tommorow.

 

The lady i spoke to this morning was actually called Julie i am told but both callers were extremely pleasent which is nice !:-)

I have no debt , but i cant get any credit : (

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I just thought I’d post an entry as this saga is on my mind at present, I really though I would have heard something by now - I think HSBC are starting to get really awkward now, I have read so many threads and they are all so much more positive than mine, earlier claims seemed to have been settled by this stage and the later claims seem to get settled before any kind of court action.

 

Really hope I'm not stuck in the middle so it doesn’t get sorted, they entered the defence eleven days ago. I spoke to D+G twice last week and both times they said something would be in the post but I have ad nothing at all, it seemed people were getting full offers just a few days after defence was field.

 

My AQ deadline is 31/01 but I really don’t want it to go that far as I cant afford the extra costs (I still owe for the MCOL).

 

Has anyone one else had such a drawn out case ? How long do you think I should wait before I can assume they wont settle ?

 

I have bee expecting a letter everyday this week and to my disappointment have found nothing, even today I stayed in the house waiting for the postie before I went to work because I need the money so bad but nothing again , just more bills :(

 

 

I need some reassurance, can anyone point me in the direction of a thread with similar bad luck ? or even offer any advice to expedite the process ?

 

Cheers again

 

Anthony

I have no debt , but i cant get any credit : (

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Hiya,

 

Have read through, you seem almost as desperate as me for the cash!

 

I have no advice as am at a similar stage to you, but all I can say is hold out and it will come soon!

 

I am really hoping for an offer before my AQ date of 07/02/07 as do not really want to go to the next phase. I don't consider myself to be claiming a lot, so cannot see why they just don't offer and pay out!

 

Pay day next week so that should make me feel slightly better....but would really like this dosh, it is annoying waiting for the postman and getting nothing but bills! Bills! and pizza menu's - I wish I could afford to buy the damn pizza!

 

x:)

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anthony, i know it's hard - but just hang in a little longer - we had a bumper weekend of offers this last weekend - it seems that frid and sat were big offer days - i'm guessing here your's may come this week - but, slouhart, who posted on your thread above - had a result - and swears it's because he faxed his breakdown to dg every day til they offered.

i'd def. call dg again tomorrow - i think that name may be julie kyle.

take a deep breathe and speak slowly to her - don't get excited - simply say, i'm waiting to hear from you - you said my claim was being looked at - i'd simply like to know when i might hear from you or if i'm going to have to proceed to file my aq. that's would just prolong this and cost you more money - when might i hear from you? polite - always, firm: yes,

try it tomorrow and see how you go. some of those offers last weekend were for aq dates this week - see the pattern? hang in there, nearly there - but ring tomorrow.

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HI there

I had to file the AQ at the court and still had to wait for 10 days after but then had offer from DG.

If you have to return AQ just do it and wait they will offer!!!!;)

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Thanks Peeps - great comments, i guess i should make sure i get the AQ filled in correctly and just take it down - its gone this farwhats one more stage hey

 

YES - I will get my money , we all will !!:-o

I have no debt , but i cant get any credit : (

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I put in my AQ on the 15th January, the deadline was the 17th, I have not heard a thing from them yet. I phoned them on Monday and they informed me that the case was still with the client and that they would not have it back for another 7 days, I think they are just stalling. My court date will be in March, and I have had advice on this site that they are settling a couple of weeks before the court date. I think that they are making everyone pay the £100 for the AQ to make sure that you are going to proceed with the case. I know it is frustrating I am trying to buy a house at the moment and really need the money for the stamp duty. Just hang in there everyone and take it as far as you need to, don't give up! Good luck everyone.

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Hi,

Here is my latest update, as expected still no contact from D+G regardless of my calls, emails, faxes and confirmations my case is being dealt with.

My AQ is now due in 2 days so will be sending it out by special delivery tomorrow (giving myself 1 more chance to come home and find the letter I want).

And again I wish to document my procedure so that you guys can point out where I have gone wrong!

Personally find am finding this the hardest part of the process not only because the motions of taking such an organization to court are rather daunting and worrying but that there are so many things that could be wrong, everything must me specific with risk of loosing out. But however there is no way I am stopping now so please will you guys once again let me know if I have made any mistakes in the AQ I am about to submit

I have filled in the AQ (Printed from the website) as detailed in the basic AQ Guide from this site (which is basically ticking check boxes) along with my personal details, now I am a little confused as regards the differences in smaller and large cases (which in turn require different forms) now obviously the terms/costs/principles in question are still the same so the difference would mealy be the amount owed and therefore the ‘track’ taken through the courts system.

I added the following paragraph to the Other Information section (G) I found this on a post suggesting it would be a good idea to add this information (together with the ‘Draft Order for Directions’; below) to my AQ

Other information:

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

And then on a separate sheet I included the ‘Draft Order for Directions’

In the XXXXXX County Court

Claim number XXXXXX

Between

XXXXXXXX - Claimant

And

XXXXX - Defendant

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

I finally added another updated copy of my schedule of charges and covering letter so that the courts have a copy at the court my hearing is scheduled to take place at and so that they have an updated amount of my charges (included £100 that is to be sent with the AQ).

 

 

I have a couple of questions, but first I want to make the reservation that I don’t fully follow this process right now so I am sure I have made some silly mistakes.

 

o Where do I make the (£100) cheque payable to?

o Should I reference the payment anywhere on my AQ form or enclosed documentation?

o Should I include the above ‘Other Information’ & ‘Draft for Directions’ with my claim as it is going down the small claims track?

o If I don’t include this information, is there anything else I should be supplying them as it seems little information is conveyed by that form other then the sections mentioned above.

o Would it be better for me to take this to the court by hand?

 

Thanks for reading, any advice most appreciated - I was hoping it didn’t have to go this far but looks like I will have to prepare now.

 

Cheers

 

Anthony

I have no debt , but i cant get any credit : (

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hi Anthony, the AQ wording is spot on. See my replies below to your questions

 

 

 

o Where do I make the (£100) cheque payable to? HMCS

 

o Should I reference the payment anywhere on my AQ form or enclosed documentation? There is a box to tick on the AQ form saying payment enclosed

 

o Should I include the above ‘Other Information’ & ‘Draft for Directions’ with my claim as it is going down the small claims track? Not sure what you mean by include with your claim but this is the correct information to write on the AQ form

 

o If I don’t include this information, is there anything else I should be supplying them as it seems little information is conveyed by that form other then the sections mentioned above. no other info at this stage

 

o Would it be better for me to take this to the court by hand? if you can, but if not next day delivery should be fine

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Oh thats a relief, thanks so much Bong - I though i was way out

 

As regards the second question, from what i have read some people are not putting anything in the other info section, and are not including the seperate 'Draft Order for Directions' .

 

But i guess this is correct, so just to confirm envelope contents is as follows.

 

1) Completed AQ Form (3 Pages)

2) Accompanying £100 Cheque made payable to HMCS (for claim as it is over £1500)

3) Copy Draft Order for Directions (2 Pages)

4) Updated Schedule Of Charges and Covering Letter (2 Pages)

 

And it should be posted or handed to the court specified and the defence paperwork from MCOL on or before the AQ Due date.

 

 

Thanks Thanks Thanks !!!

I have no debt , but i cant get any credit : (

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from what i have read some people are not putting anything in the other info section, and are not including the seperate 'Draft Order for Directions'

 

it doesn't always make a difference to the order that's made - depends entirely on the judge - but if you do get the order you've requested you'll be smiling all the way to your refund.....:)

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