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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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  • Recommended Topics

HSBC DEFENCE - Fees Vs Charges NEW TACTIC?


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I have been charged about £1000 by HSBC on my current account with HSBC.

 

I haven't totalled any of the other charges.

 

Can I claim for just the exceeding overdraft charges?

 

Also what should my schedule of charges look like ? Just a list of all charges with dates when debited?

 

Cheers J

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Hi petschs, here is the link for the spreadsheets http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html#post750

 

You can claim for just the charges you mentioned. If you don't want to use the spreadsheets then a totalled up list of charges with the dates and descriptions of charges will be ok.

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The charges you can claim are listed here

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

which are more than just excess od fees.

You should use the spreadsheets if you can, as you will then be able to add on the interest. You should be using the higher contractual interest rate too, this will punish the bank for unlawfully charging you!!!

 

 

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Shall I just simply list the charges I'm claiming with the dates on the preliminary approach letter?

As I was under the impression not to send the spreadsheet with interest initially.

Also - when/if I come to sending list with interest stage - what is the higher rate ?

Cheers

James

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One other quick question -

 

Is it ok to only claim for "exceeding overdraft charges" and nothing else?

 

Or do I have to mention every charge for it to work?

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  • 2 weeks later...

Do you have to claim overdraft interest aswell as charges?

 

I am about to send LBA - for 946.00 of charges - however because I generally got paid a day or two after charges were taken - the interest generated by being overdraw was minimal.

 

Can I just simply claim for charges + standard 8% (but not for overdraft interest)?

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Hi Petschs

 

Alot of people DON'T claim the overdraft interest (I didn't) as it can be complicated calculating it.

 

Make sure you don't include the 8% statutory interest until you file the claim.

 

Regards

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  • 3 weeks later...

Just finished my MCOL Claiming for £1000+ including the 8%

 

Am I supposed to send them another Sched of Charges with the 8% on it now??

 

I'm sure I read that somewhere

 

Although they've already had 2 x sched of charges with Prelim and LBA?

 

Am I going mad?

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Hi!

 

I believe you send them the new schedule of charges with the 8% on it now, but if you do it on line then you can't and you should have it to hand should the solicitors request it. You would have prepared it anyway to be able to put your totals.

 

There seems to be a few of us doing them today and tomorrow

 

Good luck

 

TP

xx

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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Just finished my MCOL Claiming for £1000+ including the 8%

 

Am I supposed to send them another Sched of Charges with the 8% on it now??

 

I'm sure I read that somewhere

 

Although they've already had 2 x sched of charges with Prelim and LBA?

 

Am I going mad?

 

lol

 

no madder than the rest of us!

 

You wait now until their solicitors tediously request that you forward them a copy of your schedule - that is what seems to be happening on here. I've filed an MCOL too and am waiting for their response, although they have 14 or 28 days to do so.

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The Canada Square one

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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  • 3 weeks later...

Anyone been paid out by HSBC after MCOL and defend in full reply recently?

 

I had reply they are defending in full about 19 days ago - so they have 9 days to actually show me some sort of defence - and was just wondering if anyones just been paid out after this stage - recently!

 

Jimbo

 

HSBC Mcol'd for just over £1k

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Hi,

 

Yep loads have received either an offer OR full payout.

 

There is NO loggic to how they handle cases, sometimes thay pay quickly, others seem to be at the 23rd hour - and it is VERY frustrating, but stick with it !!!

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)

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  • 2 weeks later...

Guys,

 

Got my defence from HSBC today (day before the 28th day cut off)

 

(I have a claim for just over £1000 + interest, court fee etc.)

(My claim is only for "exceeding overdraft charges" by the way, as I believe these above all are the most disproportionate of all!)

 

In their defence they are claiming that the amounts taken from my account are Overdraft Arrangement Fee's and are not charges/penalties.

 

"the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them." (UTCCRs = Unfair terms in Consumer Contracts Regulations 1999)

 

"Futher, the charges are not default charges and, accordingly cannot amount to a penatly."

 

Has anyone else had this defence?

 

What to do!?

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Guys,

 

Got my defence from HSBC today (day before the 28th day cut off)

 

(I have a claim for just over £1000 + interest, court fee etc.)

(My claim is only for "exceeding overdraft charges" by the way, as I believe these above all are the most disproportionate of all!)

 

In their defence they are claiming that the charges taken from my account are Overdraft Arrangement Fee's and are not charges/penalties.

 

"the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them." (UTCCRs = Unfair terms in Consumer Contracts Regulations 1999)

 

"Futher, the charges are not default charges and, accordingly cannot amount to a penatly."

 

Has anyone else had this defence?

 

What to do!?

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