Jump to content


  • Tweets

  • Posts

    • many thanks DX I will do follow this advice.    one comment on what I've read on here. IDR  / the banks seem to rely on the non exclusive jurisdiction clause. However surely that would mean once its been through court here, it would no longer be active in UAE. Of course that is not how they work ie they would go for both UK and UAE if you ever returned. Is there not a way of highlighting and fighting there use of this clause on that basis?
    • Did you apply for a refund before you took any reclaim action?  If Ryanair refunded you for your flight then you have chosen to "end your contract" with them and they have no further liability for your travel.  This is pivotal because as long as you have a paid up ticket (and booking reference) then they have full liability and responsibility for you.  The minute they refund you, they have discharged their duty and you are on your own.   I am still trying to understand the basis for your claim.  The law says that if you are delayed then you have the option to refund or re-route (but not both which seems to be the case here).  You can go with the original carrier or not despite what Ryanair would have you believe.  You should tell them what you intend to do so they cannot claim later that you did not give them the option.     If I were to apply the best case to your situation it would be that the flight was delayed, you somehow told Ryanair that you were re-routing and off you went with your alternative travel arrangements.  You then put in your claim and waited.  If you then asked for a refund after your travel claim went in then you (and they) could argue that Ryanair has already part-paid your claim but you have a better case.  If you asked for a refund before your claim went in then the emphasis sits more with you to say you made a procedural error and they have a stronger defence.
    • There is a 'pharmacy' based one within range, although I understand the vaccinations are done by the pharmacy team at a nearby (otherwise closed) community centre - not the pharmacy   Have no idea why. probably space.   They are vaccinating with O/AZ as most seem to be apparently due to pfiser shortages
    • Thanks BankFodder. I sent the letter signed for on Friday, but it's not been received/signed for yet. So presumably the 10 days is from when they receive it?   Just to be clear, you're saying I should still start s75 now anyway (and not wait 10 days), correct?    
    • The owner of Dove and Vaseline will remove the word from about 200 products in a push for inclusivity. View the full article
  • Our picks

    • 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
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

HSBC litigation?


Recommended Posts

17 hours ago, Shah57 said:

There was no going forward income as the 1st lockdown came 6 weeks later and I went straight onto universal credit after that and have been on it ever since. 

 

Bottom line, at the time it was the only account I had add and all of my savings of £16500 were in there which I had no access to after it was blocked.

 

15 hours ago, Shah57 said:

 I could go directly to court and as I'm on Universal Credit I'm exempt from any fees. 

 

If you had £16500 of savings, you weren't entitled to universal credit as your were over the £16,000 capital limit. Did you not declare your £16,500 of savings to the DWP?

Link to post
Share on other sites

It doesn't matter whether or not you could access the money, the fact that you didn't declare it is potentially fraudulent so you're at risk of prosecution or at least a large benefit overpayment which you'll have to repay. You should inform the DWP about your savings to prevent any future issues arising.

Link to post
Share on other sites

@Will Goodfellow

 

In exceptional circumstances, like the OPs, there shouldn't be any problems. 

 

The savings of £16k were not accesible I would imagine as the account was frozen etc 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Yes - Possibly as the access to the £16k of savings etc was restored after so long. 

But its unlikely if HSBC can provide a letter of culpability for the issue. 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

I doubt the DWP will care much that the bank account was frozen, the fact is that Shah57 wasn't eligible to receive UC and failed to even mention the £16,500 plus another £1000 in compensation, £17,500. And still didn't notify the DWP once the savings were accessible. The DWP is not going to just ignore that fact and decide to pay UC where a person is over the capital limit. People would be stashing money in accounts and getting the accounts locked by the bank for fraudulent activity in order to keep the capital and claim benefits at the same time. It's not going to happen.

Link to post
Share on other sites

You've been advised to send an SAR.  Have you done that?

Link to post
Share on other sites

I understand also that you receive £1000 from the bank by way of some kind of apology. Did you accept this £1000? On what basis was it paid to you? Was it paid in full settlement? Did you accept it on that basis? Please could you post the letter which accompanied the payment or which gave you the notice of the payment

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...