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    • a court bailiff will not do that and fleecing DCA's cant use HCEO as its a regulated consumer credit agreement under £5k. you'll not find one CCJ thread here where this has ever been any diff. forget google! bit like the USA election was rigged and trump won twaddle.   stick with cag eh?   so use our search top right in the red banner backdoor CCJ whilst you await getting the info.      
    • please just type no need to keep hitting quote....   read what it says in red at the top of the CPR 31:14 template..carefully again.. i can see this thread continuing with these series of schoolboy errors and you screwing up if you dont learn to read and follow things carefully .   just send the CPR as is no need to worry about if or not something is applicable . they rarely respond anyway which is why we say don't miss defence filing date whatever happens..  
    • Stop worrying about bailiffs and read what dx100uk  has posted  ..........................................................
    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " (template removed - dx)
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

loz Vs HSBC


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I meant to post here when I sent my first letter to HSBC.. which was last week (7th April).

I've already added up all their penalties for me exceeding my overdraft limit over the past 3 years I've had the account - £1067 to date, with more to come next month I'm certain. It's no wonder I'm constantly overdrawn when they do this!

I intend to write to MBNA and NatWest also. Fingers crossed...

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Welcome, and well done. Keep us posted.

 

When you do write to the other companies, make sure you start a separate thread for each claim, it will make life easier all around.

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  • 3 weeks later...

Been working away, so a week after it probably landed on my mat, I opened a letter from HSBC's Phil Beaumont, which is the standard one offering me just under half of what I'm claiming. I'm not happy with them keeping £600-odd obviously, so I intend to pursue the full amount. Which has since had another month's overdraft penalties added, and my first ever returned DD (!)

 

Trying to follow what others have done, am I right in thinking I should refuse the offer and ask for a full refund?

 

*boggles*

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Been working away, so a week after it probably landed on my mat, I opened a letter from HSBC's Phil Beaumont, which is the standard one offering me just under half of what I'm claiming. I'm not happy with them keeping £600-odd obviously, so I intend to pursue the full amount. Which has since had another month's overdraft penalties added, and my first ever returned DD (!)

 

Trying to follow what others have done, am I right in thinking I should refuse the offer and ask for a full refund?

 

*boggles*

I had a letter offering about a third of my claim, to which I replied saying I still wanted the full amount. It was a letter similar to that used by Overdrawn, which workeed for her, but for me it didn't. They still refused to pay, so now I am deciding whether I need to send a Letter Before Action, or just go straight to action and issue a court claim.

 

Neil.

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Yeah, I looked up overdrawn's letter and was about to compose one on the same lines... Then I pondered whether to wait until my statement arrives next week, no doubt with details of fresh penalties to be applied :S

 

I can always come back to those, I guess.

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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If you intend to take them to the Small Claims Court, you MUST send them a "Letter Before Action". That's how it works. Otherwise they will use the lack of an LBA against you successfully in court.

 

 

Yeah I appreciate that, I will be writing to HSBC again later today...

Cheers

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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I had a letter offering about a third of my claim, to which I replied saying I still wanted the full amount. It was a letter similar to that used by Overdrawn, which workeed for her, but for me it didn't. They still refused to pay, so now I am deciding whether I need to send a Letter Before Action, or just go straight to action and issue a court claim.

 

Neil.

 

where can i find a copy of this letter of overdrawns in case i get a similar response, i have just sent off my prelim letter??? Though my charges are only £173 so i hope to goodness they dont start making a fuss about that little amount but i have a feeling they will !!!

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where can i find a copy of this letter of overdrawns in case i get a similar response, i have just sent off my prelim letter???

Here's a link to my thread that has a copy of it, slightly revised:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=1075&page=2

Be aware that for me it didn't work, they still refused to pay.

 

Neil.

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Latest:

Posted LBA this afternoon, adding on the extra £155 charges that should by now have been taken from my account for April's financial "indiscretions"... Fingers crossed.

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Update:

 

Wow, fast (it's all relative) response this time! Yesterday I received a second letter from Phil Beaumont, of course it's 95% the same as the first one.. This time he has doubled his offer to £1012 - which is still short of the sum I requested initially, and further short of the £1222 they have now charged in total.

 

There is one extra sentence in there though: "If we do not receive your signed acceptance within this timescale [10 days], we will take it that you have declined our offer". How does this affect me, with regard to any MoneyClaim action I was due to begin on the 18th? (their 10 days is up on the 15th)

 

I don't want to give up that £210!

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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It's not the full amount though is it - I would be tempted to reply, I will accept the offer as a partial payment and still chase for the remainder. Not sure where you stand doing this though???

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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Yes, I might do that... a second LBA stating that I don't consider it a full settlement, etc etc... *ponders*

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Replied today to Mr Beaumont:

 

Thank you for your letter dated 5th May 2006, offering a refund comprising £1012 of the penalties charged to my account.

 

I am willing to accept this amount but I do not consider it a full and final settlement, and I intend to pursue the remaining balance of £210-00 as outlined in my letter of 4th May 2006.

 

Fingers firmly crossed...

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Well then.. it's now 14 days since my LBA, time is up! I shall go home this evening, check my mail, check my bank account, and then in all likelihood file with Moneyclaim.

 

Excited but nervous,

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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In my usual efficient style, I didn't file with MCOL as soon as I got home the other day, and now HSBC have confused me a little (new tactics?!?).

 

My last letter to Phil Beaumont stated "I am willing to accept this amount but I do not consider it a full and final settlement, and I intend to pursue the remaining balance of £210-00 as outlined in my letter of 4th May 2006". I did not sign/return his letter offering me £1012.

 

Now I have a letter from Alan Pretty "Thankyou for your letter dated 10 May requesting a refund of bank charges of £210", going on to offer me the £210.

There is no sign of the £1012 being credited to my account, despite my conditional acceptance of Mr Beaumont's offer.

 

Do I sign and return both letters (separately?) to get my money, or do I just go to MCOL and claim the 8% interest also?

 

Furthermore, there is £125 overdraft charges due to be applied on June 1st - I need to stop this being applied!

 

Slightly confused,

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Thanks, do you think I should sign and return their letters too, or just write my own?

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Accept their offers in full and final settlement in your own words; and make clear you are not accepting any other conditions. It's your money, they know it, and they'll just pay up. If they've asked for confidentiality, ask for a large sum of money to secure it; confidentiality is a separate commercial issue between you not covered by any previous agreements.

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i think it may also be wise to enclose copies of their offer for the 1k along with the latest offer letter.. for their ease of reference (much as peeps dont want to be be nice to them it looks good from your point of view if does end up in court which i am sure it wont by sounds of it) but thats just my humble opinion :oops:

  • Confused 1
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Have written a covering letter accepting this offer of £210, in addition to my previous acceptance of their £1012 (which they have ignored), making £1222 as full and final settlement of this matter. I've also told them that I want the pending charges cancelled.

 

Home straight. Fingers crossed.

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Sounds good. I have just done basically the same, I also made it a condition that the pending charges were removed. They were and the money was in my account within hours of the letter getting to them!

 

You will have your money in the next couple of days!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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Bearing in mind that they should have received my letter today...

 

HSBC called this evening to inform me that i have exceeded my overdraft limit (I know this) and that £125 charges will be applied on June 1st (I know this too!). I haven't even had a letter off them on one of these occasions for over a year, never mind a phonecall (nice how the letters insist "we have tried to contact you" but there was no missed call on my mobile, no message on 1571... I digress). I've had 2 hard days at work and I want to go to bed, otherwise I might have been more chatty/argumentative - instead I told the lass not to worry, since I got my payslip today, and furthermore the charges etc are due to be resolved... :)

 

*rolls eyes*

SleepyLoz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Please note that this topic has not had any new posts for the last 5221 days.

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Thank you

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