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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • So this is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
    • Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.
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owdoo
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I have never been so shocked in all my life, after hearing about this site from a friend i knew i was being over charged but as with all things i have put it to the back of mind as i quite simply thought i was in breach of my account, and in all fairness felt quite embarrased about my lack of account management skills.

 

Here who dares as they say, i have spent the last few hours calculating my charges and drafting letters so in short i am know chasing HSBC for £1665.40

 

I have drafted the initial letter which will be in the post today and also sent an e-mail, (Just to be sure)

 

Will keep you posted and thank you all for posting all your comments of which i have refered to throughout!

 

OWDOO

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I have never been so shocked in all my life, after hearing about this site from a friend i knew i was being over charged but as with all things i have put it to the back of mind as i quite simply thought i was in breach of my account, and in all fairness felt quite embarrased about my lack of account management skills.

 

Here who dares as they say, i have spent the last few hours calculating my charges and drafting letters so in short i am know chasing HSBC for £1665.40

 

I have drafted the initial letter which will be in the post today and also sent an e-mail, (Just to be sure)

 

Will keep you posted and thank you all for posting all your comments of which i have refered to throughout!

 

OWDOO

 

Best of luck please keep us informed of you progress. :D

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  • 3 weeks later...

Originally Posted by owdoo

14 days gone by and still no response to my claiming £1450 the draft letter tells me to neter th name of the curt i will be going through? which court is this small claims or a local magistrates?

 

eg:This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

 

Please help

AAARGGGH:confused:

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i looked at the lba in the step by step instructions and can't see that particular line, 3. Letter before action - Consumer version - asking for it back , but don't worry - i think "and therefore the court".... is just as good. presumably you will be using the mcol - very easy stuff, use this next 14 days to read up on it and get familiar with the site - even log on and get your claim all ship shape with the particulars and all so after the next 14 days you will be ready to pay and submit. when in doubt - read the faqs and then other threads - it will keep you busy til it's time to file.

don't be surprised if you hear nothing from them right up to the claim - this is the norm.

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Originally Posted by owdoo

14 days gone by and still no response to my claiming £1450 the draft letter tells me to neter th name of the curt i will be going through? which court is this small claims or a local magistrates?

 

eg:This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

 

Please help

AAARGGGH:confused:

 

Which draft letter are you referring to?

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Livley lad: I found the letter on the GMTV website, is this one ok full letter below.

 

Laterlaus: Cheers i will look into all of that, blimey I have some reading to do!!

 

 

==edited== No personal details please

 

20/11/06

 

HSBC

Customer Complaints

8 Canada Square

London

E14 5HQ

 

 

Dear Sir or Madam,

 

 

 

I refer to default charges applied to my account amounting to £1428.00 plus £237.40, which I have requested you pay back.

I wrote to you on 13.11.06, making the original request for a payment in settlement of my claim. As I have not heard from you I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

I have attached a full schedule of the charges with this document. [iNCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

I look forward for a full response to this letter within seven days, otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

[YOUR SIGNATURE]

 

[YOUR NAME (PRINTED)]

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erm a bit stuck, I am preparing a claim throgh mocl on line or at least reading up n how to claim and the letter to the court has to refer to a person or persons i am claiming against. I don't think MR HSBC is acceptable!!

 

Any help greatly appreciated.

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Livley lad: I found the letter on the GMTV website, is this one ok full letter below.

 

Laterlaus: Cheers i will look into all of that, blimey I have some reading to do!!

 

HSBC

Customer Complaints

8 Canada Square

London

E14 5HQ

 

 

Dear Sir or Madam,

 

Re. Account number:

 

I refer to default charges applied to my account amounting to £1428.00 plus £237.40, which I have requested you pay back.

I wrote to you on 13.11.06, making the original request for a payment in settlement of my claim. As I have not heard from you I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

I have attached a full schedule of the charges with this document. [iNCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

I look forward for a full response to this letter within seven days, otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

[YOUR SIGNATURE]

 

[YOUR NAME (PRINTED)]

 

Ok that letter is crap, it has no substance to it. Use the letters from the template library. The letters and information on this site is the best you can get. Submit the LBA to your bank and you need to give them 14 days to comply. :D

 

Be careful what you post regarding personal details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

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Thanks once again in your opinion should i include the following?

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.:eek:

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Only if that's what you intend doing owdoo.

 

BTW I've noticed your name is showing in post #6, did you not want to delete it for anonimity?

 

When you raise your claim at MCOL you don't need to put an individual's name, just HSBC Bank plc.

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If you scroll up to your first post on this thread you will see in the top right corner the number 1.

scroll back down until you see post no. 6. you can edit it by clicking on the edit button in that post.

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Oh I see no i just copied and pasted a leter without thinking the guys on the ste deleted my personal details whih was pretty good!

 

Will keep you all posted just sent this site through to a load of friends who are in the same position and they are getting on with their claims already!

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Letter below about to go in the post, will keep you all posted.

 

 

 

HSBC

Customer Complaints

8 Canada Square

London

E14 5HQ

 

 

Dear Sir or Madam,

 

Re. Account number: xxxxxx Sort Code: xxxxxxxx

 

I am very disappointed that you have failed to respond to my letter of the 13/11/06.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxxxx plus £xxxx which you have charged me in overdraft interest for the sum which you have taken. Total £xxxxx.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 13th November 06

 

I require repayment in full of this money; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

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  • 3 weeks later...

AAAARRRGGHHH.... this is so frustrating not a phone call or a letter last letter sent over 14 days ago now!!

 

I cant believe they had the audacity to call me and ask me how my business account was doing i havent used the thing for 2 years untill last month when i put some money in it!! and they haven't called me in all that time!!

 

Wha o i suppose i go through the online claming forms!!?

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Can anyone help, I am in the procss of reading through MCOL I have not heard a thing from HSBC..... would it be advisable to call them and le them know what i am doing to see if they would like to settle out of court?

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no, if the time you gave (14days) is over - just file. they seldom make a move before you do. just go through the step by steps and file your claim - you will find the mcol very easy to register and follow through, get it submitted as soon as you have your particulars the way you want them.

once you file - the courts will notify the bank

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  • 2 weeks later...

Hi people hope you all had a good Christmas!

 

I am in the process of going through my claim on-line and I am on the page where i enter my particulars of the claim, are there any templates for this on the site, also since i wrote my first letter I have once again been charged can I/should I claim for this? and if so shall i put this in the courts claiming subject?

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OK they were true to their word and i got a letter this morning offering me £1355 against my origional claim of £1428 + £237 interest, however since this time i have recalculated including the interest and started the proces o my claim through MCOL although I have not as yet processesed it as i dont have the £125 for the court fee at this time.

 

I am tempted to respond to HSBC's letter is this wise?

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