Jump to content


  • Tweets

  • Posts

    • Boss Brian Chesky says people are increasingly combining business and leisure travel thanks to remote working.View the full article
    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
  • Our picks

Gopher v HSBC ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5348 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

This website is great!! :p

 

Second 14 day letter sent to HSBC by registered delivery (1st 14 day letter ignored) and today I have received an offer from them.

 

I am claiming just over £2,000 in charges from them and they have offered just over £,1800.

 

Now, from reading forums and watch the TV, I understand that this is a good first offer but would like to know your thoughts. I see that they have ended up paying in full for a lot of claims.

 

Baring in mind how near we are to Xmas, what would you do? Accept their offer or write back to them and demand the full amount and if full amount is not forthcoming they will receive a summons incl extra interest and charges?

 

Off to sleep on it and see what the family think, but would love to hear from you guys in the meantime too.

 

Thanks,

 

GTG. xx

Link to post
Share on other sites

I see exactly what you mean about it being close to Christmas but really, you've got ages yet in terms of weeks... I would hold out for the full amount if I were you! - It is unexpected money... u didn't know you'd be getting it.. so hold on in there!

Link to post
Share on other sites

What reason did they give for offering only 90%? Is there a chance you have made an error in your calculations that they have picked up on?

 

If not then I would write back, saying that you accept the offer as part-settlement of your claim, but you will continue to pursue them for the outstanding £200. You will, of course, drop all action should the full amount be available to you, as cleared funds, before your second deadline.

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Up to you really. They will pay all of it in the end, so you can choose between getting most of it now or getting all of it + interest if you wait a couple of weeks. As they are legally entitled to charge their actual costs, some may say that 90% is a fair and just offer and a good representation of the money taken unlawfully, others will say, with just as much validity, that they refuse to divulge their actual costs so they should pay the lot. Going on evidance from all the settled claims, they always pay the lot if you hold out for it, usually 2 or 3 weeks after you issue the claim.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hi there Gordon. My offer was similar to yours. I accepted as part payment. But they had left it too late. I'll give you a quick summary off my track so far...

4th sept-prelim letter sent for £1796

18th lba sent. prelim ignored

28th offer of £1620

29th accepted as part payment

4th applied to MCOL

5th letter recived off MCOL saying HSBC got 14 days from 10th to respond

12th letter fro court saying HSBC going to defend, signed by DG solicitors

28th Letter from DG solicitors asking forsumary of charges in case hsbc decide to settle.

hope ths givs you an idea of time scale. every letter i have i what CAG members have said i would have.lol

Link to post
Share on other sites

Thanks loads for the replies so far.

 

Still quite undecided but defo going to sleep on it for the rest of the weekend and decide at the start of the week what I'm going to do.

 

Any more comments in the meatime will be greatfully received and I'll let y'all know what I decide.

 

Thanks!

Link to post
Share on other sites

Claim for the lot, but it is incumbent on you to accept an interim payment if offered. However, you are not obliged to accept anything if there are attached conditions.

 

Simply say that you will accept as part payment, but that you will pursue them for the balance.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

The thing is, their 14 days are up to pay in full.

 

I have decided just to go ahead and issue a summons on them now - remember I said if they'd not paid in full within 14 days I would take action WITHOUT FURTHER NOTICE.

 

Thanks so much for the replies etc. I'll let you know how things go.

Link to post
Share on other sites

Hi Gordon,

 

I'm not in a position to advise, but I'm going for 100% of what I'm owed. They took my hard earned money and now I'm on a mission to get it back - I got into great financial hardship due to some of the costs I incurred from these guys. I'm still only in my mid 20's so hopefully I can repair the damage aleady done!

 

Go for it & good luck,.

 

LeeS80.

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

Link to post
Share on other sites

Hi Gordon,

 

I'd wait the extra couple of weeks so you can have all your money back and your 8% interest.

I had an offer of approx 90% of what i was requesting. They didn't reply to either of my letters until after I'd moneyclaimed them. I had also given them an extra week to reply. They stated they intended to defend, and last week i got a letter offering the full amount. Thats just two weeks after their first offer.

 

Get them moneyclaimed!

 

libertie

______________________________________________________________________

Halifax prelim 23/5/06, LBA sent 31/5/06, moneyclaim 27/6/06, Halifax intend to defend, halifax paid up!19/7/06:D Donation made.

Amex prelim 22/5/06, LBA sent 5/6/06, Final LBA sent 9/6/06, settled 30/6/06:D Donation made.

Barclaycard prelim 26/5/06, LBA sent 9/6/06......to be contd

HSBC prelim sent 6/9/06, LBA sent 19/9/06, MCOL 12/10/06....

Link to post
Share on other sites

  • 1 month later...

Ok guys, an update!

 

I have been reading a few of the other threads and now find myself in a similar position:

 

I have heard from DG Sols and also have the confirmation through that they intend to defend the claim I submitted via MCOL.

 

I got a letter from them last week asking for full details of the claim (like HSBC haven't already provided them with this!) so sent all the info off again asking them for the full charges plus interest plus court fee.

 

Today I have received the allocation form and full info from my local court - but have to pay the additional £100 fee when I fill it in. I have a short while to get this info completed.

 

However, it would appear that reading through the threads, I will get another letter from DG Sols either offering partial (again) or full settlement. Obviously I am still going for the full amount.

 

My question is - it would appear that this will be resolved before my time is up to fill in the allocation form. Has anyone paid the £100 and filled it in then settled? Do you get the £100 back or should I hand on for a while longer and wait to hear from DG Sols before my deadline is up?

 

Thanks guys,

 

GTG. xx

Link to post
Share on other sites

Hi GTG,

 

Hang on untill the last day set to file your AQ. I'd be very surprised if they had'nt settled by then, in fact its likely you'll hear from them any day now. If however you have'nt had a settlement by the AQ date, you'll have to submit it and pay the £100. Yes, the AQ fee is a recoverable cost, you will get it back if/when they settle.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

i agree - if you refused that offer last week - my money is on a full offer this week. this is what i did in exactly the same circumstances: wait until friday - if you haven't had another (100%) offer - call dg - asking for whoever sent the offer and say to them - i thought i would have heard from you by now - i'm getting a little anxious as the a.q. is due shortly and i'm sure you don't want to incur even more charges... and they said then and there that the offer was in the post - whether is really was or that prompted the mailing of it - regardless - it worked. so, wait til friday - and call (a.m. so you can be at it through the day if needs be).

nearly there.......

keep us posted - really, i can smell it.........money in your hand by next week!

Link to post
Share on other sites

  • 1 month later...

Finally, last week it was won!!

 

Got the full amount through - just under £2,800.

 

Had to chase them loads for the money though, after I sent my acceptance back.

 

Have written to the court to tell them it's settled out of court now too.

 

Thanks LOADS to everyone on this site, and the site itself!

 

Perhaps a Moderator could move this thread to WON, now?? Thanks.

 

GTF. xx

Link to post
Share on other sites

Congratulations! Thats excellent news!

[FONT=Comic Sans MS][SIZE=4][COLOR=magenta]C [COLOR=black]& [/COLOR][COLOR=blue]D :) [/COLOR][/COLOR][/SIZE][/FONT] [COLOR=black][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC[/B][COLOR=#000000]- Full settlement received & spent! £1,477.93 :-) [/COLOR][/COLOR][/FONT] [COLOR=mediumturquoise][FONT=Comic Sans MS][COLOR=mediumturquoise][B]HSBC claim 2![/B][/COLOR][COLOR=#000000] - Full settlement offer received 27/06 - £1,116 :) [/COLOR][/FONT] [FONT=Comic Sans MS][FONT=Comic Sans MS][COLOR=mediumturquoise][B]A&L[/B][/COLOR][COLOR=#000000] (for my Nan) - full settlement received on day of prelim hearing - approx £1500 :-)[/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Halifax[/B][/COLOR][COLOR=#000000] - (for a friend) - full settlement received 30/06 - £2576! :) [/COLOR][/FONT] [FONT=Comic Sans MS][COLOR=mediumturquoise][B]Barclays[/B][/COLOR][COLOR=#000000] - (for a friend) - Court forms were due to be submitted but he wants to wait for results of the court case with OFT[/COLOR][/FONT] [/FONT][/COLOR][/COLOR][FONT=Comic Sans MS][COLOR=#000000][B][COLOR=mediumturquoise]A&L[/COLOR][/B] - (for a friend) - court forms submitted - claim 'stayed' due to OFT case[/COLOR][/FONT]

Link to post
Share on other sites

Oh, I get this message when I try to send a PM:

 

GordonTheGopher, you do not have permission to access this page. This could be due to one of several reasons:

  1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
  2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

Link to post
Share on other sites

Theres still a few glitches in the system as a result of the huge hit the other night. Should be sorted soon. I'll see if I can get your thread moved for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

not all that thin, siena - last sunday (21 jan) i pm'd 20 people with very recent results to pm blueskies and move their threads, to date 2 have.

there were 8 more i know of this last weekend - some are waiting until they see the money - but they have all have accepted offers. you'll be seeing more in this thread soon. but as we know - it is dragging out a bit just now. dg should hire in more staff.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...