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    • Thank you honeybee if you would my head is mashed now. You guys our savers.  H
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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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sorry just to point out diddnt you say that if we all moaned and got our charges back that you would have to charge us in other ways i.e £0.50 for a cheque!!!! if thats the case where do you come up with the charge of £35 for bouncing one????? just a question isnt the customer always right???

LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

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If there was a £100 per annum charge for debit/credit cards and .50p for cheques, I simply would use cash...and then campaign for a change in the law returning the right to choose how an employee is paid, back to the employee.

 

I'd choose cash every time - I know where I am with cash. I can open the shoebox, and count it to see how much I have left, rather than looking at a cash machine, being lied to (albeit inadvertatly), or looking on-line. All of which have, in the past, provided different totals on the same day.

 

The shoebox wouldn't be able to lie.

 

 

Also, yes, I did read the T&C's and while not happy about it, I HAD to sign. If I didn't then I had nowhere for my wages to be paid. Yes, I could choose another bank - but, wait - hold on, don't ALL banks make these unlawful charges? I think so.

 

There's a virtual cartel in place.

 

Another thing is, that because of the position the banks are in, people believe that they would act honestly - the banks have taken advantage of this trust and abused it. Banks make their shareholders plenty of money without having to resort to unlawful tactics to bump it up some more.

 

I have no pity for the banks when this comes crashing down around their ears - just like the endowment mis-selling scandle.

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Cheques:

 

So, you'll trust the Post Office to deliver your envelope with your £250 cash to an address at the other end of the country? Good Luck!

 

Granny tried the shoebox and got burgled! Shoeboxes cannot refund customers where a legitimate claim exists - ever had your credit/debit card cloned? Or had someone misuse your card details on the Internet? Once you proved the transactions weren't yours, did the Bank refund your cash? It all has to be paid for! Fraud costs the Banks over £400 Million a year. And next time you need cash at 11pm when in town, don't bother with the convenient ATM around the corner, just drive home to make a wihdrawal from the shoebox.

 

When was the last time you heard of an armed robbery on a wages delivery truck? If you prefer cash, just lift it all out of the account on the day you get paid, obviously leaving a penny or a pound in (whatever your particular bank requires to keep the account open) and you won't attract any charges - or interest.

 

Did you have the cash to buy your house? (If you did you were lucky). You could always try a Finance Company if you don't like Banks......

 

£35 for bouncing a cheque? Better than jail. The customer is always right until he/she breaks the law. Writing a cheque without the funds to back it up in your account is against the law, would you prefer a court appearance?! There is more to Banking than automated charges.

 

Charges:

 

Banks generally make these when you don't operate the account in line with the T's and C's, i.e. UNAUTHORISED overdraft, so if you read them, you should have known to keep in line with them to avoid charges.

 

ATM's etc.

 

Different totals on the same day is not entirely unexpected. Despite technology, things don't always happen instantly - sorry.

 

Glad you enjoy having a Banker to have a go at, but you can't have the advantages of a modern banking system with it's attendant security and services that you use daily and expect us not to charge, particularly when you break the contract.

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So, you'll trust the Post Office to deliver your envelope with your £250 cash to an address at the other end of the country? Good Luck!

 

The Post Office don't deliver letters, Royal Mail do however.

 

If you were indeed meaning Royal Mail, why do you think "luck" comes into it? I think you need to look up the figures for lost mail; it is something along the lines of less than 1% of all the mail sent is lost, and this is usually (probably 8 out of 10 items in my opinion) the fault of the sender.

 

I won't even start on the rest of your post, but it seems that you've been brainwashed.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

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Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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The customer is always right until he/she breaks the law

 

So were the banks, it seems, and they've been getting away with it for much longer and much more profitably than any of us!

 

Writing a cheque without the funds to back it up in your account is against the law

 

Making a profit out of bank charges is against the law.

 

would you prefer a court appearance?

 

Well, I have been trying, but what do you know? The buggers always settle before it gets there, I wonder why if they're so sure they're in the right! :D

 

 

There is more to Banking than automated charges.

 

Really? Prove it. I have been trying to get every single one of those financial institutions to show me the justification for those charges. Not one of them has been able to do so.

 

Charges:

 

Banks generally make these when you don't operate the account in line with the T's and C's, i.e. UNAUTHORISED overdraft, so if you read them, you should have known to keep in line with them to avoid charges.

 

No-one, not one person here says otherwise. If we step out of line, the bank should be allowed, and IS allowed to recover their costs. Absolutely. No argument there. What they're not allowed BY LAW is to make a profit out of those charges. If they create T&Cs which break the law, they can't really cry misery when they get challenged.

 

but you can't have the advantages of a modern banking system with it's attendant security and services that you use daily and expect us not to charge,

 

Well, other countries manage it quite well, actually...

 

 

particularly when you break the contract.

 

So, you DO admit they are penalty charges then? Interesting... because your masters keep on telling us they're not, that they are genuine pre-estimates of their losses... I wonder why that is?

 

Anyway, I'm glad you got that out of your system. Goood little bank employee, now run along to get your head patted. Nice to know that you can sell your soul at cut-rate prices. I hope your masters will give you a pay-rise for this.

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i do understand your position charger as seeing as its a bank holiday which means you get the day off i would like to argue the case with you but to be honest i havent got the time as some of us have to work today to try and pay back some of the banks charges which seem to go towards the works anual piss up i hope you enjoy my cash when next you have a day off sat in the garden drinking chablis.

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LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

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Sorry, I thought this was a forum for grown-ups who had some clue as to how business operates. Obviously not, when even the "moderator" cannot reply without being personal! If you want treated wih respect, then try at least to treat others in the way you wish to be treated.

 

Your brainwashed, chablis drinking, over-paid, soul-selling ex-forum member - not that you'll miss me :rolleyes:

 

BTW It takes two to settle - obviously the lure of ££££ has been too great!

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charger dont go i`m sorry diddnt mean it to get personal you have my depest apologies. its just a shame that you never get a letter or an e-mail like that from a bank.

LLOYDS TSB

DPA: REQUEST SENT: 11-04-06

RECEIVED 28-O4-06

PRELIM LETTER SENT: 04-05-06

RECEIVED SOD OFF:06-05-06

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Ah well, there goes another troll...

 

I think that since he obviously had nothing better to do in his day off than coming here to wind up people, I shall close this thread.

 

I really don't understand this need for people who don't have charges to reclaim to just come here and start needling us... What do they achieve? Are their lives really that empty?

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So, you'll trust the Post Office to deliver your envelope with your £250 cash to an address at the other end of the country? Good Luck!

Far more than I would trust a bank with my money, obviously. Banks seem to be losing letters at a much, much higher rate than the post office do. Either that, or someone in the post office has a dislike for banks and doesn't deliver letters to them - just have a read around the forum to find just how common an occurence it is that banks "lose" letters.

 

Different totals on the same day is not entirely unexpected. Despite technology, things don't always happen instantly - sorry.

Odd, if I wrote programs of that quality for my employer, I doubt I would be in a job for very much longer.

 

Did you have the cash to buy your house? (If you did you were lucky). You could always try a Finance Company if you don't like Banks......

Oddly, for one of my houses, yes I did. And in truth, the transaction was so smooth and so much easier for not dealing with a bank or estate agent, that I'd recommend it highly Not to mention cheaper - the problem was at one point, I needed the cash to buy the house - the bank (Abbey) refused to acknowledge the fact that I had 'ordered' the cash on the day I went in to collect it - as apparently, banks don't have that sort of cash "lying around", and I had to buy it on my debit card - which meant of course that I was charged a 'cash advance' fee - for my own money, despite notifying the bank in advance that I needed the cash on that day. Apart from the dealings with the bank in that instance, the whole process was so much easier. See how banks b*gger things up for people? Strange how their "forgetting" - despite the written proof I had - resulted in another part of the banking system making money out of me, wasn't it?

 

Banks generally make these when you don't operate the account in line with the T's and C's, i.e. UNAUTHORISED overdraft, so if you read them, you should have known to keep in line with them to avoid charges.

...and the banks should have known to keep in line with the basic laws governing contract at English law. Banks also levy charges for many more instances than just unauthorised borrowing - in fact, it's quite often their charges that cause the borrowing - with no prior arrangement from the customer - in the first place.

 

Fraud costs the Banks over £400 Million a year. And next time you need cash at 11pm when in town, don't bother with the convenient ATM around the corner, just drive home to make a wihdrawal from the shoebox.

Yes, but no-one asked them to become bankers. If a business is doing badly, should it then be pardoned from acting within the law of the country it operates in?

 

I would of course take enough money with me in the first place. Or if I really was "caught short", I'd borrow from a friend and pay it back once I got back home.

 

Writing a cheque without the funds to back it up in your account is against the law

Correction: KNOWINGLY, writing a cheque without funds is against the law.

 

Glad you enjoy having a Banker to have a go at, but you can't have the advantages of a modern banking system with it's attendant security and services that you use daily and expect us not to charge, particularly when you break the contract.

Not having a go at you - just trying to correct your opinions. If you don't like a reasoned argument, don't start one and sulk when you are proven incorrect.

 

 

particularly when you break the contract.

Which of course, proves our point - people are having charges levied on them for a breach of contract - an amount that far outweighs the cost of the breach to the bank - thus, at English law, a penalty. And therefore, not legally enforcable.

 

 

 

..One other thing - you didn't read the T&C's of this site before posting - it clearly states that if you are a bank employee that you must ask permission of the Admins before you will be allowed to post, not to do so would put you in breach of the Computer Misuse Act - prehaps I should fine you £35 for each post?

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

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