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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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      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.
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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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