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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
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Should i accept, £2000 offer (£3700)


syromaniac
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Hi,

 

Great website with some really good advice. I am in the process of claiming back my bank charges, in total over 6 years i am claiming £3700 + interest which brings it up to £4300.

 

I have had a response from HSBC this morning offering me £2000

 

it states in the letter "HSBC is, however mindful of the managment time and irrecoverable legal costs that it may incur in realtion to such a claim, for those commercial reasons alomne, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £2000.00 representing the charges applied in full and final settlement of this matter."

 

Should i accept?, or fight it all the way..

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Thanks for moving your thread!!

 

anyway, if you hold out you WILL GET THE FULL AMOUNT!!!!

 

the letter is the usual drivel normally sent out, you will be able to read 100s of edits of this letter in the hsbc forum.

 

crusher:D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Thanks for your response, i have drafted this letter and will send this afternoon, wish me luck...

 

My Address

 

24th October 2006

HSBC Bank plc

###########

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds, LS11 0PP.

Ref: ###########

 

Response to settlement offer.

 

Dear #######

 

Thank you for your letter dated 23/10/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £4,339.88 + any further charges I have incurred since the 25th September 2006.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you had 14 days to respond before Court action commences. You actually took 30 days to respond. I believe that the targets I set were more than sufficient for a large company such as yours with dedicated staff and departments. I am now expecting a response within 7 days of this letter (31st October 2006) before court action commences.

I trust this clarifies my position.

 

 

Yours faithfully

 

 

 

########

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Why wait another 7 days? once you file the MCOL you will have another 28 days to wait (they will acknowlage the MCOL) until the MCOL dealine expires - It it totally normal not to hear anything from HSBS until day 26 or day 28.

 

Remember that you are sueing them and therefore you set the time table etc.

My advise if free and is worth exactly as much as you paid for it….

 

HSBC 28 Oct 2006 Personal accounts ~ Offered and accepted ~ £3514 :)

HSBC 15 Sep 2006 Business ~ Offered and accepted ~ £4980 :)

MBNA 7 Sep Offered and accepted £2290 - (my amount £1170 plus Compound Interest) using the "phone call method" :o

FREEWAY 28th Oct ~ offered and acepted £506 :)

TSB VISA MCOL £300 - court date 27th March 2007

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Why wait another 7 days? once you file the MCOL you will have another 28 days to wait (they will acknowlage the MCOL) until the MCOL dealine expires - It it totally normal not to hear anything from HSBS until day 26 or day 28.

 

Remember that you are sueing them and therefore you set the time table etc.

 

So should i not bother sending the letter and just MCOL?

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Got this response from hsbc this morning...

 

The bank does not agree with your contention that the charges that have been imposed consititute a penalty and are therefore unenforcable. the contract between the bank and its customers is governed by our personal banking terms and conditions. In respect of overdrafts, i would refer you specifically to clause 7.11 in section 2. If you authorise a payment that would, if met by us, lead your account going overdrawn or over an agreed limit by the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list and the circumsatnces in which these charges will apply are cleaarly set out in out terms and conditions which you will have been provided with a copy when you opened your account.

 

whislt i accept that this letter will not provide the response that you hoped for, i trust i have been able to clarify the banks position, and must inform you that our previous offer of settlement with regard to this matter is now withdrawn. If you are not satisfied with the banks response you should refer your complaint to the financial ombudsman service, as this represent our final response on this matter.

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  • 2 months later...

Hi, Unfortunatly this ones still going on....

 

The Defendant has disputed the full amount claimed as shown on the claim form.

 

There defence.

 

1. The claimant;s account is governed by the defendant's personal banking terms and conditions.

 

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

 

3. It is denied that the fees charged for the services provided to a penalty or liquidated damages clause. the fees are on an agreed price for a service provided by the defendant.

 

 

They have also sent me an allocation questionnaire form (N149)

 

What shall i do now?

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No surprises that they are defending ... most do (until the last minute before they settle of course!)

 

You need to complete & return the AQ before the deadline printed on it otherwise it will be struck out (& you lose)

 

Here is a couple of links which may help you

 

... a guide to completion ...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

and a new strategy for a draft order ...

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

The new strategy one is quite a read but it certainly heps you understand this part of the process - GaryH has posted an excellent explanation

 

Good luck! :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Hi Thanks everyone for all there help, got a letter from the banks solictors this morning.

 

And joy of all joys they have offered me over £4300 to settle out of court.

 

HAPPY DAYS :)

 

Thanks again.

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So is that a full settlement plus your costs then?? If so then well done - Just make sure the courts are aware as they will strike out your claim if u don't return your AQ on time & I would hate you to lose out on some little detail IYKWIM :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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one little piece of advice - if the aq is due shortly - ring the court and explain that they have made an offer - you are accepting and are now just waiting for the money - ask that the aq deadline be delayed - they will do this - they may ask for it in writing. but you must contact them.

here's some more advice:When You Get Your Refund

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Wait till you've actually got your hands on the money before you get a mod to change your title ... dont wanna put a dampner on it just the old saying about counting chickens .... :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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