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    • I hope you noticed that your posts have had to be restructured first of all my my site team colleague and then your second post by myself. Please can you present your posts properly spaced and punctuated. It's extreme difficult for people to follow when they are in solid blocks of text – especially when people using small screen such as telephones. Thank you. Please stand by for a fuller reply later
    • So far the declared value is confirmed and documemted the first Claim got agreed and they kept delaying saying the refund will show 5-7 days for BACS but that not true!   I VE been chaising this since 28th september, told on 2nd October I needed to send my bank details again as they seemed they got it wrong but not my fault yet they had it since 2nd October! Thats over 2 weeks! I   GET Money via bank bacs and from Europe and recently in 3 Days and in the UK its same day and instant!   They re messing me about and nothing else!   For contents its a Marshall  speaker small Bluetooth one value 127.99   And 2nd parcel stolen last week and an empty bag delivered yesterday for Marshall Headphones value 121.99 all sold via verifiable links and invoices and all fully covered to its value, and payment all proven as well as refunds.   The first claim was agreed but still no payment   2nd Claim had to file it yesterday and he re the empty bag!
    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.    I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed   (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;   (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;   (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);   (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and   (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));   (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—   (i)to pay the unpaid parking charges; or   (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;   (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—   (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and   (ii)the creditor does not know both the name of the driver and a current address for service for the driver,   the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;   (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;   (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you were sent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) "   Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists   [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver.   So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS].   They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
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HSBC default overdraft


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Hi there, I am back on here for advice after long absence.. The cag forum was fab years ago helping me with the thorn in my side of HSBC!! I left Hsbc around 2009/2010. I had number of debt woes but with help and consumer credit counselling service have been solvent for a number of years now..


However I recently tho obtained my credit file prior to making a mortgage application, only to find a rogue default placed by HSBC! Given passage of time and various address moves I have lost all my old paperwork including account numbers.


After 1.5 hrs yesterday and couple of cross letters this week I have finally got to bottom of this but need advice what to do next..


In short, on October 2009 HSBC said they were removing overdraft of £830 in 30days. I had to repay in full or give repayment proposals. It seems by 29th October 2009 I paid £150 and agreed repayment with their collections team at rate of £100 per month. Sadly it looks like I must have agreed this over phone as no apparent paper trail. Hsbc confirm however I continued to make repayments at this rate for next 5 months. However they decided to issue a "final demand" letter in March 2009, seemingly ignoring the repayment plan and giving me 18 days to respond!! THANKFULLY there IS a paper trail of my response WITHIN the 18 days, where essentially I confirm my payment plan in place and that I have not been told it's unacceptable! I continue to make repayments.. By this stage there is only approx £300 of original debt left! HSBC never respond to my last letter which they confirmed.


Instead, they pass this to metropolitan in April 2010 and and marked me as "default" to credit agencies. They appear to have completely ignored the repayment plan put in place with both their own collections team at outset and indeed ignored my letter outlining the plan in response to their final demand. All of which seems grossly unfair!


Incidentally I satisfied the account with metropolitan who have marked it satisfied by December 2010


HSBC have said they have raised a complaint and will "investigate" ... I don't trust that will be much good. Is there Anything else anyone suggests I do? I am desperate for all the old paperwork as I have none of it, I am very stressed as the default is a bar to my mortgage app. I am already teeing up ombudsman and information commissioner complaints and have marked disputes with experian etc


All ideas welcome!!

Edited by Sarrahk
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Unfortunately, the original overdraft agreement would probably state they were entitled to ask for repayment on demand


This being the case, they were entitled to enter a default as you failed to pay the full balance when they withdrew the overdraft with 30 days notice


Even if you had the £100 a month agreement in writing, I doubt this would prevent them being able to register the default


The only possible recourse here is to ask them for a copy of the original agreement that they claim gave them the right to withdraw the overdraft facility on notice and also the right to record a default


This may be clutching at straws though



omnia praesumuntur legitime facta donec probetur in contrarium



Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Gutted, I am going to try my luck anyway with complaints procedure and ombudsman etc. I think I may have an argument as they did not even acknowledge my payment plan even though they invited me to make one with them which I did. A default must be designed for someone not making any effort to pay? Additionally having looked at the information commissioner guidance on defaults I may have an argument given there lack of communication re whether or not my payments are satisfactory? I think also they don't have to provide a regular default notice if I have read everything correctly and a simple final demand letter is sufficient for an overdraft... still they need to comply with the guidance I think??!

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