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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Marlin Court Action on HSBC CC, HSBC already said they hold no CCA - help


ZENTRIX9
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simple and is NO.

 

there iss a large thread on multiple agreements that might be worth a read

but you'll need a week!!

 

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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Can someone have a look at my working out to see it I have worked this out properly. Am I right in thinking as long as they still have my money I can keep charging them interest?

 

Sorry the spreadsheet wont load up. I will save it as a photo and add a link later. If its correct all you have to do is input your interest charge and how much you were charged and it works it out for you. If its ok let me know and I will post it up so it can be downloaded to share. if its wrong also let me know why and I will alter it.

 

http://s911.photobucket.com/albums/ac318/zentrix9/PPI/

Edited by ZENTRIX9
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scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

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Can anyone tell me is a Credit Card Request Form legally binding the same as an agreement.

I did a CCA request and they sent me a Request form saying it was my agreement. Under the big bold print it says Credit agreement regulated by the consumer credit act 1974. It doesnt have any prescribed terms on it either.

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So unenforcable then?

I keep getting debt collectors letters but it goes nowhere. Also had 3 offers for a redused settlement. All were last chance offers. Think I will send them a box of straws to clutch :)

Also what they sent me isnt a copy, someone at HSBC has sat down and written it out. It seems they have lost the original, I have this confirmed in writing from 2 different people as well :)

My wifes is the same only they have hers, still not worth the paper its written on though.

Now they charged me for PPI and I have the contacted FOS but if they dont have the original how can they dispute that I ever signed it?

Where do I stand with the PPI?

Edited by ZENTRIX9
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Hi all, just a quickie if someone can answer.

 

I had a claim against HSBC and they paid me back for the goods I didnt get under CCA1974,

 

I paid a lot of interest which I am claiming back.

They have paid me back by lowering the balance on my credit card which is in dispute, crafty buggers!

 

Now this is my question,

I know that they can credit my card account with the amount that I claimed for the purchase,

but the interest payments I made which I am also claiming came from my current account,

surely they have to refund that to my bank account and not knock it off the balance on the credit card?

 

Can anyone shed any light?

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  • 3 weeks later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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  • 8 months later...

Ok, I had a credit card with HSBC, I was refunded for a purchase that was made approx 2007/2008.

I have downloaded the spreadsheet for running credit accounts and filled it in.

 

My question is this, because I have been refunded the amount for the item I purchased ( approx £5k ) do I adjust the amount I paid and what I was refunded as if the transaction never happened?

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Also forgot to ask, the interest rate on the spreadsheet is yearly, my monthly statements show monthly @1.456% then some later statements show 1.671% and also 21.9% APR, what % do I put in the box to calculate what I am owed?

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Hi

 

 

My question is this, because I have been refunded the amount for the item I purchased ( approx £5k ) do I adjust the amount I paid and what I was refunded as if the transaction never happened?

 

Yes

 

Also forgot to ask, the interest rate on the spreadsheet is yearly, my monthly statements show monthly @1.456% then some later statements show 1.671% and also 21.9% APR, what % do I put in the box to calculate what I am owed?

 

Work out the average of the monthly rate you were charged and pop the answer into this spreadsheet which will work out the APR from that figure

 

MonthlyToAPR.xls

 

ims

 

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  • 4 months later...

Hi all, I have a conference call this week with HSBC and the Court.

I have done the usual paperwork and the credit card seems to be an application form without the prescribed terms within the 4 corners of the contract, its also an early one so as far as i know they would have to produce the original fully compliant contract in court.

Do I try to put this to the judge and get HSBC to admit wether they have the original or not. As far as I see it if they cant produce it they cant take it further in court.

Any help or suggestions as to how I tackle this?

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