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    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
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Help, Help, Help, Help


RussellRoberts
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Sorry to be so dramatic :confused:

 

I got a letter on saturday from DG Solicitors that spooked me a little (for little read LOT) bit.

 

I am claiming on a business account, I have filled in my allocation questionnaire, the bank had to get theirs in by the 24th, on the 25th I received this letter:

 

"We are dissapointed not to have received the courtesy of a response and will bring this matter to the attention of the courts given our clear attempt to resolve this matter without further intervention of the courts." etc etc.....

 

On the same day I received this letter:

 

"We refer to our letter of even date and more particularly our letter dated the 19th October 2006. We note that you have not respnded to us in relation to this letter and we invite you to do so. (I replied to the first with the usual no thanks I'll have the lot, but not the second)

 

"In the event the content of our afforementioned letter was not clear, we wish to confirm that the money tranfer charges are specifically excluded from this type of claim. Money transfer fees are applied to your account in accordance its terms and conditions governing your account and which represent a fee for a service undertaken by our client at your request.

 

For this reason, we repeat our cients without predjudice offer of settlement in the sum of 2,287.40 which we consider represents a true reflection of the charges applied, together with interest and court fee. At this juncture, we wish to reiterate that HSBC is entirely confident that its charges are reasonable, are properly and fully disclosed in its terms and conditions, and that it would successfully resist any challenge in the courts in relation to them.

 

If you accept this proposdal etc......."

 

My little purple starfish is pumping and much as I need the 2,287.40, I also feel I should go all the way for a thousand pounds more. so the questions are:

Deal or no deal?????????

When I opened a business account, did I aggree to cetain charges? ( if not, why are they taking this far?)

Any feedback would be fantastic, Thankyou

Russell

Business Account Statements rec'd 8/07/06

request for repayment sent r/d 16/07/06 £2723.04

LBA sent 12/08/06 No Joy

Moneyclaim issued £3291.15 31/08/2006

 

HSBC Personal account £695.11 Settled in full:D :D

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Russelroberts,

 

This is indeed very interesting!

 

Can you tell me which charges you claimed for?

 

So they are saying bank transfers are 'fees for services' - this sounds right to me. I presume the bank transfers were seperatley listed and charged for on your statement?

 

Which charges are they not disputing (the 2287.40)? and how were they worded on your statement?

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Hiya

 

Thanks for the response, I am claiming for total charges, and the interest, nothing else, exactly as i did for my personal account, which was settled very soon after the LBA, however this whole claim has taken a very different tackmwith it being a business account and seems to be on slightly more uncertain ground (judging by the non-existant feedback I have had in response to my concerns). It appears that I am liable for certain charges on a business contract. This would have been nice to know a while ago, but my experience may be of benefit to others in the future. I'm gonna bite the bullet:o x

Business Account Statements rec'd 8/07/06

request for repayment sent r/d 16/07/06 £2723.04

LBA sent 12/08/06 No Joy

Moneyclaim issued £3291.15 31/08/2006

 

HSBC Personal account £695.11 Settled in full:D :D

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I know exactly how you feel russell,

 

There seems to be some uncertaintity over HSBC business a/c because the wording - "Total charges" seems to imply the charges are unlawful (as they are on your personal a/c).

 

I think I've only seen about hlaf a dozen business a/c's threads so us lot could be the trail blazers!

 

Going back to your letter for a moment -

 

"In the event the content of our afforementioned letter was not clear, we wish to confirm that the money tranfer charges are specifically excluded from this type of claim.

 

So the charge for this service was just lumped into 'total charges' ? is that what they mean?

All of my charges (Bank transfers, etc) were clearly itemised on my statements...the only mystery is those damned 'total charges'

 

I've included these links to some other threads a guy called bong put me on to I've also included my own thread because I asked exactly the same questions. They are all HSBC business a/c but none are as yet settled. I'm looking for clarification on the total charges myself and have asked for the info under sar so we'll see what they've got to say for themselves in 40 days ;)

 

LINK1

 

LINK2

 

LINK3

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