Jump to content


  • Tweets

  • Posts

    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CC v HSBC


cbrundle
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6178 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

aaarrgggh printer has just started to play up!

 

can I ask the judge/courts for an extension of say 5 days to get this sorted?

 

if so who would I contact and how would I go about it?

 

it's at Torquay & Newton Abbot county court.

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

  • Replies 82
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

also does anyone have a HSBC specific Statement of Evidence!

 

just realised I need to do this also! doh

 

A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

 

I've seen the one above but confused to which I should use???

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

cheers Lat, have pm'd gary.

 

does anyone else know whether or not I can get an extension on this deadline?

 

otherwise I suppose I cna ring the courts and ask.

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

forgot to ask when we do the court bundle as well and include correspondence, does this include correspondence from HSBC & DG as well?

 

even the ones that have WITHOUT PREJUDICE on?

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

HSBC use the service charge defence, so use the service charge SoE (1st one).

 

The directions are the standard small claims track directions, so there is no strict deadline with a strike out if you don't comply on time or anything like that. 5 days late should be ok, although its always advisable to submit things on time.

even the ones that have WITHOUT PREJUDICE on?

No. WP letters are inadmissable.

  • Haha 1

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

hopefully I should be able to get it in the post tomorrow for Delivery monday so should be fine.

 

you say they're inadmissable but can i include them still?

 

even if they have no bearing, just would like them to show the timeline and communication between me & the bank.

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

You cannot include WP marked letters

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

would just like to say a massive thanks for this, just received an offer for £3638.94 out of £3816.35!

 

the reasoning for the difference is that the 1st 4 payments are outside of the "6 year period" so fair enough, it took us about 4 months to get the ball rolling once we had the statements through (my g/f dad fault he didn't tell me! doh)

 

the only bit that does bother me though, cos I'd like to get these wasted costs back would be in their "offer":

 

HSBC is prepared to make an ex gratia payment to you in the sum of £3638.94 which is inclusive of statutory interest as per your latest breakdown & court fee. That payment is made as full & final settlement of your claims arising from charges applied to your account in the period outlined above and by accepting this payment you agree not to make any further claims relating to charges for the period stipulated above"

 

now this is all fine but I want some cash back for all the postage (about £50) plus all ink, paper and anything else I can get back off them, so can I claim them back?

 

PLUS i want it paid by cheque!

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

that's a good question, chris - see if bf has the answer here:NEW TEMPLATE -- Wasted costs orders..

ok, it's def. there - see this:Wasted Costs order(

 

 

I'm really very,very pleased for you, chris. that's your pay for last weekend!!!!!

that's made my day (and yours too, i'm sure!)

 

 

you need an acceptance letter or are you ok. I'd just put it in big block letters - by cheque only - and initial it there. or do a letter. whatever, too happy for you to worry a bout that.

Link to post
Share on other sites

PLEASE READ THIS:

TO ANYONE LOOKING AT DOING A COURT BUNDLE FOR THE COURT..........

CHRIS SPENT ALL LAST WEEKEND GETTING IT READY - AND GUESS WHAT.................

///////////////////////////////

%%%%%%%%%%

******************

%%%%%%%%%%%%%

GUESSED IT YET????????????????????

HE GOT HIS OFFER TODAY

THIS IS WHAT WE HAVE BEEN SAYING ALL ALONG -

DG WON'T SUPPLY THAT INFO - SO IF YOU HAVE TO DO IT - DO IT - AND WATCH FOR THE OFFER.

THEY TOOK IT ALL THE WAY TO THE LINE. THEN THEY OFFERED.

PLEASE DON'T BE AFRAID OF THE COURT BUNDLE - IT'S A LOT OF WORK - BUT HERE'S THE REWARD.

Link to post
Share on other sites

trust me it was proper hard work, I had assumed I didn't really need to do anything as it was all in the bundle! NER NER WRONG!

 

ALOT IS in the bundle but not all!

 

it took it out of me scanning 45 bank statements (No photocopier! lol), plus all the letters to and from hsbc, solicitors & the court.

 

but with a MASSIVE thanks to everyone but especially Lateralus we got there in the end and Thursday was payday for the g/f dad!

 

now onwards & upwards, with all the other claims for everyone else! lol

 

thanks again CAG and doubley thanks and massive cyber hugs & kisses Lateralus!

 

Chris

 

forgot to say totalled up the wasted costs as well and comes out at £250ish and that was only with me saying it took me 18hrs for everything, including trips to PO!

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

would just like to say a massive thanks for this, just received an offer for £3638.94 out of £3816.35!

 

the reasoning for the difference is that the 1st 4 payments are outside of the "6 year period" so fair enough, it took us about 4 months to get the ball rolling once we had the statements through (my g/f dad fault he didn't tell me! doh)

 

the only bit that does bother me though, cos I'd like to get these wasted costs back would be in their "offer":

 

HSBC is prepared to make an ex gratia payment to you in the sum of £3638.94 which is inclusive of statutory interest as per your latest breakdown & court fee. That payment is made as full & final settlement of your claims arising from charges applied to your account in the period outlined above and by accepting this payment you agree not to make any further claims relating to charges for the period stipulated above"

 

now this is all fine but I want some cash back for all the postage (about £50) plus all ink, paper and anything else I can get back off them, so can I claim them back?

 

PLUS i want it paid by cheque!

 

I recently got paid out by D&G, they tried the same tact with the limitations act the same as you, as guess what I stuck to my guns and got paid out the full amount and because they did not file their documents in court the under direction of the Judge by a certain date the judge ordered them to pay me £50 compensation for my time. I also got them to send me a cheque and they took out the confidentiality clause. It is obviously your call as to what you will accept, I am just saying that they will pay in full the week before the court date.

 

the funny thing was I agreed to the payout not knowing about the extra allowed by the jusge. It served them right for leaving it all to the last minute. They had to send me a separate cheque for the £50, which they were not happy about.

 

Congratulations, your on the home run run.

DS

Link to post
Share on other sites

I'd put in for a couple of new ink cartridges and a few dozen reams of paper as well as the postage and the all important time element - have a look around - i think you can charge at £9.50/hour. All that would have been avoided had they the decency to offer before the court bundle was due.

I was helping out on a thread last night - they filed the claim in January and never sent dg anything and had done an aq but not heard anything back - ok, i think they are back on track this morning - writing to dg and all but it does make me wonder how many people don't follow the case through and dg are perfectly happy to let it sit there forever.

 

it was my pleasure, chris - don't go too far will you - i now might refer peeps at that point to you for information, etc. you're the man!!!!

cyber hugs and kisses accepted with pleasure - think g/f's dad owes you big time! have a much more pleasant weekend!

Link to post
Share on other sites

I'm thinking of sending DG this (letter & email) I have a few more weeks to try and get more out of them (only for costs though!), but do you think I'm pushing it too far?

 

will they think well sod it, they'll leave it to the court to decide?

 

Thank you for the letter dated 23rd May 2007, with reference to a full & final settlement of £3,638.94, unfortunately I decline this offer.

 

My claim total was for £3,873.64, as you have pointed out, I made an error on one transaction (£60) and had entered the amount twice, and therefore I'm willing to accept £3,813.64 as Full & Final settlement.

 

I am also enclosing a Wasted Cost Schedule, which totals £279.29 (as detailed in the schedule). Please note my working hourly rate is £12 per hour, and I spent in excess of 40 hours completing the various tasks in pursuing this matter, as you can see I have lowered my hourly rate figure and have taken off a considerable amount of my own time. I’m sure you appreciate that I am not a legal professional, and hence the reason why it may still have taken slightly longer than a fully qualified professional to carry out such tasks.

 

I did mention to you in my letter dated 10/05/07 that if this wasn’t finalised before the 21st May 2007, and I had to file my papers and documents, that I would be claiming for wasted costs. It is also noted that you still have not sent me your papers & documents you are relying on for your defence in court, I’m sure you are aware this was required last week (21st May).

 

I feel you have acted unreasonably and abused the court process in hoping that I will not continue to pursue this matter and therefore simply accept defeat. As can be seen by your lack of information as requested by the court, I do not believe that you have ever intended to defend this claim at a hearing.

 

If you do not accept this I’m willing to wait until the 1st August 2007, for the Judge to decide at Torquay & Newton Abbot County Court as per our court date. I shall be requesting that the judge considers these costs as outlined in the Civil Procedure Rules 27.14(2)(g):

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Therefore I am willing to accept a Full & Final settlement figure of £4,000 (total is actually £3813.64 + £279.29 = £4,092.93) with no more claims relating to charges for the period 14th June 2000 – 22nd May 2006.

 

If you accept to pay the sum of £4,000 in full and final settlement of my claim against HSBC for the period 14th June 2000 – 22nd May 2006, I consider the matter closed.

 

If you agree please send a cheque payable to Mr C. C, to:

 

his address

 

Upon receipt of the cheque and cleared funds I consider the matter closed.

 

I DO NOT AGREE TO KEEP THIS PAYMENT STRICTLY CONFIDENTIAL.

 

Please note you have seven days to reply and send the cheque outlined above, otherwise I accept this as your rejection and I will meet you on 1st August 2007 at the court.

 

heres my wasted costs, no idea if it's ok or not but thought it was pretty easy to understand.

 

wastedcostszy9.th.png

 

I know the total figure differs from what I'm quoting in the letter, but I have added some more info in since I created the jpeg. :)

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

@ auburngreeneyes, you had me going there scratching my head! lol

 

WP = Without Prejudice, it's on all the offer letters from HSBC/DG solicitors, these are inadmissable so not allowed to be used in court in the documentation. however in my court bundle i did outline what my letters back were (ie 03/03/07 - letter of rejection to HSBC's offer of £2000, no idea if that's allowed though, but I didn't actually include the documentation ;) )

 

They're usually in bold at the top of the letter

 

WITHOUT PREJUDICE

 

i'm really unsure whether to just send this final letter or accept the cash then try and get the funds back by applying to the court, if it were my money, I would've sent it by now, but I don't think the g/f dad would be impressed after getting this far I then get him to go to court! lol

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

  • 1 month later...

hi guys me again! lol

 

trying to do this wasted costs order and trying to get the info for HSBC, i want to put it in a nice excel sheet, is the only way to do this via me retyping it or is there any option to put it into a spreadsheet?

 

or even better does anyone else have one already typed up ;)

EH & SH v The Woolwich/Barclays

£3900 (+ £1500 interest)

offered received of £1000 - Rejected

MCOL filed 05/12/06 (messed up)

waiting on court

 

 

CC v HSBC

£3,628.94 FULL & FINAL SETTLEMENT!!! :)

 

BC v HALFIAX

£3841.27 FULL & FINAL SETTLEMENT!!! :)

Link to post
Share on other sites

Hi there

 

I have a court date with HSBC for 10th July. I have sent everything in (never ending bundle etc, etc). They have missed their deadline and I sent them a non compliance letter. 7 days for that is up tomorrow.

 

Does this mean that the court will automatically rule in my favour as I have filed everything on time and they have not bothered? Have I "Won?" A bit confused as I thought that they would not be able to file their papers now and therefore have no defence.

 

Many thanks

 

Makalu

Link to post
Share on other sites

hey chris - how's it hangin?

i'm sure most of what you need is on this oneWasted Costs order

but then i gave you that before - don't know what else to point to -

do you mean the settled cases? Settled Claims List

lit settled.xls

Litigation Section - View and print out litigation spreadsheets here

 

 

 

makalu - from your mouth to the judge's ears! i'd advise ringing the court tomorrow and ask what's up - they are usually very helpful. - just say what you said above and see what they say.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...