Jump to content


  • Tweets

  • Posts

    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my 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.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes 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.  Debt was with halifax, whom passed the debt to PRA Group. 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?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
    • It’s all with current lenders and no missed payment to date. so with any reduced payment to them it’s likely to be going to debt collectors at some stage. we jointly own a property together me and my partner 
  • Recommended Topics

  • 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
  • Recommended Topics

Shelley v HSBC ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6226 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

Hi all,

I'm new to this website and was wondering if you could help me? I have worked out from my online statements that HSBC owe me £2959.50 :mad: and thats not with interest over the past six years. Can anyone help me where to start? Where do I download the first letter? Do I need to ask the banks for my statements or are the ones on the internet ok?

Thanks for all your help and I'm hoping to send my letter tomorrow once I find it on this site :)

Link to post
Share on other sites

  • Replies 133
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Shelly,

Welcome to the family !

ok, you need ful statements for the last 6 years and if you can download from the web that's fine. failing that, write to the bank asking for a list of ALL charges applied to your account and enclose a £10 fee (they rarely cash this)

this letter is a good template - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Keep a note of the date, they have upto 40 days to respond, usually they do quicker than that.

 

Once you havethis info, trawl through them, noting any charge and also the interest carefully, add the charges up, and if the total = your above sum - bingo

 

Now write a letter asking for them back - this letter is a template for this 1st letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Allow 14 calendar days - sending reorded delivery

 

If you do notget a response then send this one -

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Again send recorded delivery and again allow 14 days for a response.

 

That should keep you busy for a while, come back to your thread and let us know how it is going and while your waiting - read read read as much as you can in here, other threads will all be at various stages and also READ all the FAQ's section - then you will be older (and wiser)

 

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)

Link to post
Share on other sites

shelley, if you are sure you have all the statements off the internet then you are ready to do the spreadsheet - you can't just add the overdraft interest - it needs to be worked out which portion you can ask for. i've written this little step instruction thingy to help people understand this bit. try looking at this thread HONEYGIE sees you HSBC! (multipage.gif1 2

and look at post number 9. read it and see if it helps - the spreadsheet is

pretty simple once you understand what they want.

then you are ready to send the prelim with your breakdown of charges.

good luck, take a look at it. hope it helps.

Link to post
Share on other sites

Yep, 14 days waiting, but it will fly past what with xmas etc, make on your calendar so your ready for the next stage !!

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)

Link to post
Share on other sites

Hi,

Just had an email (below) from HSBC as I emailed my complaint. I missed the xmas post but will send my letter as soon as possible!

 

Dear Miss Dowsett

Thank you for your recent email. We are looking into the matters you have raised and will contact you with a full response as soon as we have completed our investigations.

Once again, thank you for taking the time to contact us. I am only sorry it has been necessary for you to do so.

 

Yours sincerely

 

Phil Wylie

Service Quality Officer

Link to post
Share on other sites

It really is the left hand not having the foggiest idea what the right, middle upper and lower hands are up to !!!

 

HSBC are so so typical of a giant corporate organisation that is in utter chaos - except of course when it come to spotting you have exceeded your overdraft limit by 1 PENCE, then the well oiled wheels of the fleecing department spring into action !!!!!

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)

Link to post
Share on other sites

  • 3 weeks later...

Hi,

I received another letter dated 27th December which I only received this week. Its from a differnet service quality officer which says

'Thank you for your recent email concerning your bank charges. I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigation. In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with'

 

I did not receive the leaflet Hmmmmmmmm

 

What should I do now?

Link to post
Share on other sites

yes, more stalling from hsbc. looking back - i think you've only sent one letter, right? if so, next one is the lba - template in library section. go ahead and send it and your breakdown (you could still add on any more charges that have come it). send it to the branch or main office or quality serv. team - but send it recorded delivery - that's your proof of posting (and their receiving) - you have no proof with e-mail. stick to snail mail at this point. then wait 14 days - then you file your claim. mostly before you file you get - no response, a fob off response (we are looking into it - wait a few years we'll get back to you) , or a sod off response (they are legal charges and we aren't paying you anything). so, just stick to the time schedule - you've given them more than enough time to respond.

Link to post
Share on other sites

Sorry, the lba letter says

'This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour. '

Have a got the wrong letter? Thanks

Link to post
Share on other sites

Sorry, I had the wrong letter, not sure where I got this from but I now have the correct letter. Can you check this is the correct one please?

 

Dear Sir,

I am very disappointed that you have failed to respond to my letter of the 18th December 2006.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £xxx plus £xxx which you have charged me in overdraft interest for the sum which you have taken. Total £xxxx.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 18th December 2007.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

Link to post
Share on other sites

try this link: 3. Letter before action - Consumer version - asking for it back i think you must have found a different one - i don't think that line is in this one.

 

ok, just saw yours above -

i think i left out the data protection statement at the end. just end it af ter full amount plus interest plus my costs and without further notice

Link to post
Share on other sites

Hi everyone,

Just received a letter from Colin Langdale making me an offer for my claim.

A small part of the letter is

'Thank you for your letter blah blah blah. HSBC's interest rates are well publicised in respect to both formal and informal overdrafts. You have asked us to refund overdraft intesrest on your account. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt. In circumstances where you have authorised a payment that would, if met by us, lead to account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our published price list. The circumstances in which the fee apply are clearly set out in our Personal Banking terms and conditions which you were provided with a copy of when you opended your account. If your claim for a refund proceeded to court, we therefore believe we would successfully resist any legal challenge in relation to these fees.:-?

 

However, HSBC is prepared to make a payment to you which is £1200 less than what I asked for.

 

 

What should I do????????????

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...