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    • Hi dx,   Yes, it does say on the letter 30 days to reply.   Sorry, it was addressed to him, I just said I received it in my initial post for simplicity, really. His name is on the agreement. In hindsight there was a lot wrong with the sale: he only has a provisional license, appropriate affordability checks weren't carried out etc, you know what car salesman are like, they're only interested in the sale.    Yes, I rang them up and said I had lost my job. I asked if the payments could be reduced or that the finance term could be extended but they would only accept voluntary termination and then requested that I sent them an email to confirm my  decision which I confirmed on 21/07/2020. I sent several emails back and forth stating over and over that I could in no way afford to pay back the amount. They did unfortunately, email back with regards to paying 50% of the outstanding back:       However, there was no mention of anything other than voluntary termination?  
    • That would be me.   Any signs of the response yet?
    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
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    • 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!
       
       
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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.

 

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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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