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    • to frighten and intimidate you most probably. don't engage.   have you done your WS yet? needs doing in the next 7days    
    • I just got the same response from Hermes below. What would you advise I do next?    "I am sorry you have had to contact us regarding the delivery of your parcel.    I have looked into your concerns and understand that as as you selected the maximum compensation level of £300 Hermes cannot exceed this amount as per your contract.   So that we can process this as quickly as possible for you, we kindly request that you send us some details:   - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card   Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you   Please accept my apologies for the frustration this has caused you.       If you require any further assistance, please don’t hesitate to contact us."  
    • Hi had a call today and the number is associated with Moneyboat why would they be calling this close to the court hearing? Any ideas welcomed    Thanks G
    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
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re overdraft in HSBC


chkaijo
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I'd keep bumping your post up to see if you can get help from a mod or site helper - don't leave it because with a claim like that you have no chance - it doesn't mention any of the legal principles that you are relying on. However, I still don't know if that is something you can get around by maybe waiting and replying to their defence which will inevitably say that you have not established your claim.

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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.

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chkaijo, that's brilliant information - you can even get a copy of the form on his thread - and it looks easy to follow - you will be able to do it no problem. i think my phone call scenario is looking less and less viable but no harm in trying - you need to have a good copy of the particulars ready in case they bite - but if they don't. just move straight to gary's thread and follow all the really good advise about amending. better to spend the 35 pounds than to loose the 120 and the money you are trying to get back. this is achievable - do not give up whatever you do. just get yourself together and see it through. write back if you need help, but it is going to be mainly you doing it - and those instructions are very well written and easy to follow - you'll be able to do it, i know it!!!!! when you have them on the phone monday and if they say no, it will take an amendment - just check with them that you send the finished form to them by post for an mcol claim.

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Hey,

thank you very much. i was getting really dispondent and was wishing i had settle for the first amount that Mr Collin Langdale had offered. However Lats thanks for the support and encouragement. Gary H you are wonderful for the link about amending my particulars. Will do it sometime in the early hours of the morning. when I am rested and less prone to make mistakes and baby is asleep;) . Lats i will take you up on your offer to pm you on Sunday to check it out the particulars of my claim before I send it if that is ok???

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Hope you manage to sort it all out. You should'nt have a problem so long as you follow the guide, but if you need a hand your welcome to give me a shout.

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.

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called the consumer help desk re my POC. advised that i sent an amendment to my original POC to Northhamton courts where my MCOL was sent to via the post. I was requested to send 1 copy of the N1 form, and 1 copy of the N224 amendment form. then i was informed that the form will go before a judge in which a seal will be put on it and it will then be posted back to me and get this i have to serve it to HSBC bank themselves:( :eek:. I did ask if i can serve hand the POC to my local court and the answer was NO i have to send it to them.

A bit confusing as to the amount of copies i have to send though???

should i stillsend three copies despite what the consumer desk stated to me???:confused:

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hi chkaijo, that is the correct name of the regs. Only Gary's template particulars quote it as the Unfair Contract Terms in Consumer Contracts Regulations 1999.

 

Sorry Gary I meant to send you a PM about this and forgot.

 

Ooops! Oh yes, so they do. That was in actual fact a copy and paste from the templates library, which is still carrying the same error - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Well spotted - I wonder how long the template's been like that for?:eek: I'll get a mod to sort it out.

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Hi Gary I had spotted that mistake before on the mcol template and PMd jonni2bad about it which led to it being corrected but I hadn't realised it was also showing like that on the N1 template.

 

chkaijo, it wouldn't do any harm to send them more copies than they've asked for, just in case the clerk made an error, but when you get your copy back just post it recorded delivery to the bank's registered office, making sure that you take a photocopy of it all first.

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I've corrected it on my amendment guide and also informed a mod, who will change the template shortly.

 

Thanks for pointing it out.

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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.

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Hi everyone,

update, i have been busy

 

recieved from hsbc for original offer except court fees on the 9th january. was concerned as what to do so I called the bank, spoke to Mr Pretty who said they would pay all my court fees plus the original sum. he suggested i made a note of this on the acceptance form. I decided that i would accept this offer once my court fees was paid . I sent off the letter that same day. IN the letter suggested allow 7 days for account to be credited. these seven days would be up on thursday . additionally I withdraw my N244 as i accepted hsbc offer. Did I do the right thing? advise please??? considering everything in this post.

 

in the mean time i have received a notice that acknowledgement of service has been filed dated the 10.1.07. this states that the defendant has 28 days from the date of service of the claim form to file a defence.

i have written a letter to HSBC lawyers which i have included.

please advised me accordingly about this letter. I am due to send this today. thanks

 

my address

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

15/01/07

Dear Deborah D'Aubney,

Re: account number xxxxxxxxxxxxxxxxx

Claim number xxxxxxxxxxxxx

I accepted the Banks offer of £1398.00 on the 9/01/07 the letter, was sent off to me on the 8/01/07. However I spoke to a Mr Allan Pretty that same day and requested that my court fees also be refunded to me which is £120.00. Mr Pretty acknowledged my request and suggested I add it on to the part that I have signed which I did. I also added that I accept this offer unconditionally expecting the payment of my court fees to be paid. Additionally the paper work suggested I allow 7 working days which should be up by the Thursday 18th or Friday 19th of January 2007.

HSBC may be processing another charge to my account of prior to 17 Jan, since my claim was filed with the court. I am of course anticipating that your client will settle my claim, in the same way that it has settled all claims of this nature; therefore please obtain your client's instructions to include any further charge within the settlement figure. This will save your client additional costs and a court fee of £30, if I have to raise a separate action for the recovery of any charge.

If this money is not deposited in my account by this time, I will continue to pursue the claim in court for full amount stated, plus any further charges and interest and cost, without further notice. Since not sticking to your 7 working days will constitute you not keeping your word. I hope that this will not be necessary and look forward to resolving this with you.

I enclose a schedule of charges which includes 8% interest which I would be claiming for if my court fees are not added on.

Yours Faithfully

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