Jump to content


  • Tweets

  • Posts

    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
  • 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

stringernicy v HSBC ***SETTLED IN FULL***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6294 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

totally normal for hsbc. keep to the timetable, you may not hear from them right until after you file your mcol. use the next 14 day wait to prepare your mcol. you can register with them - have your own little place to go in and out at will and get your particulars written, etc. do everything right up to paying the fee and clicking submit which you will be ready to do 14 days after posting your lba. keep it going.....

Link to post
Share on other sites

  • Replies 95
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

all the info you need is in the library, the faqs and the step by step info.

here's the link to the spreadsheet; 6. Interest calculation spreadsheets

go down in that link to the list at the bottom of the thread - use england - advanced - excel (or works). did you not do this before you sent your prelimin. else how did you know how much to ask for? maybe you mean you just added up your charges from your statements. on the spreadsheet there are two tabs at the bottom, one for charges and interest - which is the one you do to find out how much you are claiming for the chrges plus the portion of the interest they have charged you on that interest, this total you are using for your prelim and lba, the other tab is 8% interest - when you do that one use the date that you anticipate filing your cliam - 14 days from your lba, it then figures days since the charge incurred to the date you are filing on each line and you come up with the 8% you will use in your claim.

 

p.s. it would make it easier if you pm a moderator and ask for your threads to be merged. makes life easier for us to help you.

Link to post
Share on other sites

16 threads - that must be a record!

as the man says - try sticking to just this thread especially if you are asking for assistance - it is way too complicated otherwise.

i found the mcol very straightforward and simple. go on the site now and register, move it along to the particulars point and just keep editing til it fits - then when the date comes to file - you are totally ready. with mcol you keep it all very general: 5. Money Claim On-Line (MCOL) Particulars of Claim . this is one. i'm happy to post mine but i did forget to put in a request for daily interest - so try to fit it in; this is mine word for word:

EDITED - Please provide links to the library rather than posting the wording

 

you'll find it very similar to the template as that's what i based it on - but you get the idea - keep it general - your specific stuff is in your breakdown of charges. the mcol tells you how many lines you've used so it's pretty simple to pare it down to size. does this help? don't start a new thread to answer. just carry on with quick reply

Link to post
Share on other sites

  • 1 month later...

absolutely, and you don't need to notify the court - you don't even need to respond to this - but you might as well - modify the template rejection letter to include that as you haven't heard from them within the timeframe - you have already filed a claim - give them the claim number. just a basic thanks but no thanks letter. you are now dealing with dg solicitors, you'll get paperwork shortly showing that they have been served - then more showing that they have acknowledged and intend to defend - at that point, send dg a copy of your breakdown - the address is on the acknowl. - am i right in this - filing the N1 you already included 3 copies of your breakdown to the courts? if so, then that's already covered, so just watch for the paperwork.

Link to post
Share on other sites

dear colin - he sends out more letters than i've had hot dinners - but never a full offer and usually as in your case a belated response to an earlier letter. his new tack is a lovely "i'm looking into your letter and will get back to you sometime before the next olympics so please sit there holding your breathe until you hear from me". we are advising anyone who gets this version to plow on with your timetable. yes, so the court is covered by breakdowns - just dg to send one to when you are acknowledged.

Link to post
Share on other sites

6 threads, my you have been busy!

as a clairification for you, the 14 days is their deadline to acknowledge, not to defend (that would be in another 14 days IF they acknowledge.)

just written on another thread using N1 and they did not acknowledge and were able to ask for judgment after 14 days. if yours is the same - we may see a trend developing where they aren't on top of N1 claims. good luck, court tomorrow to check if they've acknowledged and then press for judgment if they haven't.

Link to post
Share on other sites

the offer and the claim have nothing in common - the offer was from hsbc - the claim is now filed and their solicitors dg have the say now.

yes, check again, if the dates are correct and they have not acknowledged - you can press for judgment. i suspect they will have acknowledged but contact the court tomorrow and see - and ask for judgement - as crusher would say - send in the bailiffs, accept nothing less than your money - one lump sum as swift as possible.

Link to post
Share on other sites

  • 2 weeks later...

i do hope you mean they credited your account -not debited.

did they include the court fee as well? if not - get it back!,

if they did and you got it all - well, i'm as happy as you are - and all because they didn't acknowledge - gives hope to the rest of the claimers.

good luck to you, and spend wisely. congratulations.

  • Confused 1
Link to post
Share on other sites

now, i'm going to put my foot down - it's not often that we get a victory - without even having to have an offer - this is going to be a piece of cake - just ring (or fax, or email, or write dg and say this),

while i am very grateful for your speed in paying the judgment on claim xxxxx, i wish to inform you that you have omitted paying the court fee. please rectify this omission (check that spelling) immediately by putting a further xxx (£125?) into my account within the next 7 days. (and here is the best bit). sign it, date it and under your signature put copy sent: xxxxxxxx court and DO IT - one quick letter for 125 - you can't tell me you make that much in a quarter hour???????

do it for me!!!!!! please, and let me know what happens - you owe me!!!!

ok. 'nuf said - do it!

Link to post
Share on other sites

i'm going to say - a phone call to one or both (dg first, then the court)

the court intended for you to get a full payout, say to them, i was supposed to receive the court fee as well, was i not? - so, no, i've changed my mind - i can't believe it's not there - it must have been in plain view on the n1 - i'm going to say ring the court first, no, i've changed it again (i do this a lot!), ring dg tomorrow: explain that your claim was paid as they missed the acknowledgment and you've just realised that the court fee was not included - you are sure it should have been included, can we rectify this today - if they say one little anything about you signing, blah, blah - just say, that's fine - i'll contact the court myself.

then,,,, you ring the court, or pop down as you are so cozy with them (LOL), and explain to them - same thing, it should have been included, but wasn't.. .. you are entitled to that 100(it's 100 for n1?) or whatever it is and i'd be damned if i'd let them get away with it - they didn't file the acknowledgment - you get the court costs returned - i don't care who signed what - i'd be starting with a phone call, then a letter, and then i'd threaten another claim to reclaim the claim costs - honestly - it's the principle and i wouldn't let them get away with it - i, deep in my heart, think it an oversite rather than a calculated move. ask to speak to debbie and use a softly-softly approach but takes no prisoners.

it would be worth it to me - i guess it's up to you and your circumstances both personal and financial but heck, i'd go get it....it's yours.

 

p.s. i'm going to get someone else to pop over and look at this and see what they think>

Link to post
Share on other sites

  • 3 weeks later...

so were you!!!!!

you did it, you stuck it out, you wrote, you worked out the charges, you filed in small claims court, you dictated the terms, you got council and advice where available, you pushed for settlement and YOU GOT YOUR MONEY BACK FROM HSBC! Even got your thread moved! So, there Colin and Debs - another super win!

Well done, you!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...