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    • I am assuming that you own a flat or house, leasehold, on this estate and your lease entitles you to park as long as you park in accordance with the rules decided by the management company, and the management company are authorised to act for the lessor. That might need to checked out at some point but it's what the management company seems to be saying in their 2019 letter when they refer to ".. per the covenants of the Estate...". Is that correct?   The management company commonly has the power in the lease covenants to vary the parking rules (again, needs checking) in which case I would argue that their letter 4 November is a formal notification to residents of a change of the parking rules. If UKPCM's signage is different to what the Estate parking rules are that's UKPCM's problem. They have no authority to enforce anything other than the management company's rules as notified to residents.    You can ignore the waffle in the letter about 'tickets will be issued at the parking warden's discretion'. That discretion is very limited and does not entitle the warden to invent new offences that are contrary to the management company's rules.   So in your opinon (you know the estate road layout, we don't) were you parked in compliance with the November 2019 letter, eg not blocking access?   I would write to managing agent asking them to intervene as UKPCM have issued you with a PCN in breach of the November 2019 letter. The management company can say 'nothing to do with us' as much as they like but ultimately they can't wash their hands of it. UKPCM are acting on behalf of the management comapny and the management comapny are accoutable for what UKPCM do. And the rules are decided by the management comapny not UKPCM.   As a matter of interest do you have a marked parking bay that's reserved for you? Were you parked in it?
    • Ok a bit more background on this. In all 5 charging order cases: The creditors obtained a CCJ in sole name They then obtained an interim charging order They then obtained a final charging order The charging orders are registered with the Land Registry The debts were either sold on or are managed by DCA's In 2 cases they applied for an order for sale which we defended, hence 2 are being repaid monthly  
    • Thanks for the reply. I am not 100% sure what Are these restrictions K? means.   If it means interim charging orders then no, they are full charging orders.
    • Wait for @dx100uk - Are these restrictions K? 
    • Hello CAG Forum,   I jointly own our home with my wife. We are currently up-to-date with our mortgage payments, but that could change in the coming months and we managed to fight off an order for repossession in 2019 due to mortgage arrears. We have just over 3 years on the mortgage left, but cannot see the finish line so we have decided to sell and downsize. The aim is to be mortgage and debt free.   We have 5 charging orders from loans and credit cards from around 2007 to 2010. The 5 CO's are in sole names, 1 for me and 4 for my wife. We are currently paying 2 of the CO's off at £70 and £20 per month, but it will take years/decades to clear them. The total value of the 5 CO's today is circa £35K. In 2011 and 2017 two of them offered a 40% discount for settlement, which we could not afford. In 2020 another one offered an 20% discount for settlement.   There is enough equity to clear the CO's in full from the proceeds of the sale, but I would like to negotiate a settlement on all 5 CO's of 40%. This will mean we are mortgage and debt free and have some cash left over. Does the fact that the CO's are in sole names and the house is in joint names help?  Looking for any advice to assist on negotiating a settlement. Thanks in advance.
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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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!
       
       
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Mr Penguin Vs HSBC Bank Plc ***WON***


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Hello there!

 

I've just submitted my OLMC (yesterday) after receiving no response at all to my LBA and initial letter. They were both sent recorded and I have checked the delivery slips which confirm they arrived. I guess just need to sit tight now...

 

Has anyone heard of these companies who offer a 'no win no fee. get your charges back' service? My partner is going to reclaim her charges soon from Nationwide and I wondered if it's worth getting these guys to do it all for us rather than have the hassel? They advise they charge their fees to the banks (making it more expensive for the banks) and claimants get 100% of their charges?

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Guest Battleaxe

Do it yourself, why share the spoils? No win, no fee, What does that tell you?

 

There are enough people on the forum who will help you and it is not that hard to do. you follow the tried and true format and in about three months you will have your money and you will have done it yourself. it is not that much of a hassle really. The worst bits are the waiting times, but once you have filed in Court , you have controlled the process all the way, you know you are on the home stretch.

 

In my mind these firms are getting rich on your misfortune and I wouldn't give them the time of day.

 

Go for it Mr Penguin.

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Hi Mr Penguin,

Doing it yourself is REALLY easy, there is LOADS of help in here to guide you, go for it !

 

Good luck

 

Steve

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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Received my Notice of Issue via the MCOL peeps on 22/11/06 - it was isued on 21/11/06. I hadn't received any kind of response form HSBC regarding my prelim and LBA letters but already received a Notice of Acknowledgement of Service (dated 26/11/06) for which the box 'I intend to defend all of this claim' s ticked. The Notice advised that HSBC has 28 days to file their defence, any advice as to wha I should expect?

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as we've been saying on other threads - a newish trend is developing. now that you have your acknowledgment, look for the name of the person from dg on the second page. send a breakdown of charges to that person tomorrow - recorded del. or fax it to them. yes, we know you have sent it to the bank and with your claim, etc. , do it again, now, this can and has in several cases bumped your claim to the top of their pile and cut about 2 weeks in waiting time off the process. just a simple one liner with it like: please find enclosed my breakdown of charges relating to claim XXXXXX.

with your name and contact details. try it, you may still get a pleasant surprise in time for xmas. keep in touch.

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A letter plopped onto my door mat this morning from a member of HSBC Bank's Service Quality Team. It seems strange that they have only responded to me following my MCOL submission but couldn't find the energy within them to lift a pen to respond to my Prelim & LBA letters (the blighters...) - anyways, they have made me an offer of £2250.00 as full and final settlement for representing the charges applied.

 

I have a a question in my head before I decide what to do:

 

If I persue for the full amount, will I get it (the offer is £513.72 less than I asked, plus they haven't included the cost of my MCOL) OR Should I just ask for the addition of the MCOL cost and take the £££'s? (nice little wedge before crimbo).

 

Any thoughts guys (& gals)?

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certainly see you point and can understand you are considering all the angles. my take would be this - even though it was sent without prejudice - meaning it couldn't be used against them in court. - do you really think they would have offered anything if they weren't aware of the fact that they haven't a leg to stand on. any offer - especially one of that amount must by it's very existence mean they know they are in the wrong on this. so, you can accept it as partial payment but leave them in no doubt you are in it for the long haul. as you may be aware - once you filed your mcol you are now dealing with dg - so that offer was in response to your lba - better late than never??

i think anyone who has been there will tell you - stick it out, you will get all of it back. sleep on it. maybe some more will add their thoughts.

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hello mr penguin.. lateralus has a very good point.. but it is still all up to you.. £500++ is still a lot of money. if you can wait a little bit more.. you might get that and a bit more... sleep well...

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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Thanks for your comments - I've just re-read the letter (dated 5/12/06) which states that it is in response to my letter dated 3/11/06!!!

 

...so it was a response to my LBA as Lateralus suggested. Now that I've submitted my MCOL and had it acknowledged by DG (who intend to defend the claim in full), who should I now respond to with my intent to collect the full amount I have submitted my MCOL for?

 

Thanks for your advice.

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think i would send a letter (there is a template for refusing an offer) address it to whomever sent you the offer and send a copy to whomever is on your acknowledgment at dg (this will serve to bump you up to the top of the pile - if only for filing purposes) - the offer came from the bank so you would refuse it to them, noting you have already claimd and now requrie claim+interest+court charges. that offer will disappear but you will have kept up your end by responding (and that copy to dg may shake something a bit).

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After a good nights kip I've decided not to take the offer and run but to stick it out and reclaim my full entitlement. It seems shoddy on thier part that they would take so long to respond to my LBA letter and even do so after they have acknowldged my MCOL.

 

The letter to decline the offer has been drafted with a copy going to DG too and will be posted today. Any idea how long it will take form here until I hear anymore (or get a revised offer?) Also, would would I expect the offer from, DG or HSBC?

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  • 2 weeks later...

Have a question regarding my MCOL deadlines:

My MCOL was logged online on 21/11/06; it was accepted on 22/11/06 with it being sent to HSBC, who acknowledge the claim on 24/11/06. Is the deadline for the defence to be submitted 28 days from HSBC acknowledging the claim or 28 days from the day the claim is deemed as being served (as decided by the court which was 26/11/06)?

If it's the latter then my deadline is up on Sunday (ho ho ho) and I've not heard a bean.... I did send both HSBC (Service Quality Team) & DG a copy of the decline of offer as mentioned above. If I don’t receive anything from HSBC, DG or the court by the deadline, should I go ahead and ask the court to enter into judgment or is there something I have missed?

I’m also thinking that maybe I should wait a few days as post at this time of year is a little slow…?

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I’m also thinking that maybe I should wait a few days as post at this time of year is a little slow…?

Nope, when the deadline is passed, click for judgement, don't make a fuss about it though. Wait a day or two, then put in for a baliff. If you make a big fuss, all that will do is make them apply for a stay. If you go in quietly though, you will get some great blaiff fun!

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HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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in abouat 99% of the cases - dg files their defense at the 11th hour ( really at the 11th hr 59th minute). the button won't let you push ahead of time and then when you could press it - they mostly have already filed and then it won't let you press either. they seem to be letting a lot of the claims go to the defense (you get the aq, the court change and their defense about 2-3 days later) and then you get an offer just after that.

don't worry if they defend - that's standard and just moves everybody's deadline by another 2-3 weeks. in the last week - we've seen lots of cases being offer 100% just after the defense is filed. hang in there - and follow crusher's advice above.

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Many thanks for that.

 

Just as you advised - I checked the MCOL site and there is a defence showing! I was sooo looking forward to sending in the baliffs :)

 

I guess the papaer work is to follow...You say an offer may come in now that the defence has been filed? I'll keep the thread updated if anything does.

 

Thanks again

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DG are getting REALLY boring in their predictability in tactics ;)

 

You will probably receive an offer close to when your AQ is due to be filed, possibly after then, but you will receive one!

 

I would suggest sending a copy schedule with your claim number to DG by email, it will save them asking you for it. [email protected] is probably your best bet

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PLEASE READ THE FAQ's

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i'm beginning to think- send another one in when they have filed a defence and then call a couple of days after "to check it has been received" this is even if you sent one when the acknowledgment arrived. one or two getting through this stage with nothing - i think it's the volume of claims they are seeing and anything you can do (see above) will bump you to the top of the pile. both those actions in the first line will bump you up. try it.

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Thanks Claire78 - the name on the email address you provided is that on the MCOL acknowledgement. I'll send the schedule off asap. I did fax a copy of the schedule to D'Aubney @ DG a while ago but I guess sending another won't hurt.

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