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    • just has an email about claim 1 - trial 7 days away     their solicitor- 'heres some further disclosure, your broker says you agreed to pg ' so just pay up and lets avoid cout!     cue list of emails between two people , with no one else cc'd or copied in   i said unless xx and xx have provided a witness st and are going to be cross examined at court, this is inadmissable hearsay (its never been disclosed) weve never seen or heard of any of it. (to note this was not presented as supplementary, paginated etc so obv was meant for my eyes only and hasnt been sent to court)   they may have had a lovely conversation, but where are we involved or proof this has been sent or included to us (it hasnt)   so bugger off
    • Hi Guys, just a quick update,  I now have all the information VCS hold on me and photos to show I was not in the fuel station as they claim. The date of the 14/02 has passed for their threat to take me to court how long should i expect to wait to hear from them? Also should i include in my appeal that the fact they couldn't issue me 2 x PCN's had this happened in a car park (as by their own charter you are allowed a 10 minute grace period) how can they do it on a private road, and as it is a private road when i asked them for a breakdown of the costs incurred that lead them to the figure of £100 they quoted to me the case of Bevis v parking eye to justify the amount, however i feel this is not relevant as this event took place in a car park. cheers
    • I think this needs to be settled in a court of law and I don't think any other method is at all acceptable. It needs to be open, transparent and beyond doubt.   As you have had a possible disclosure I think it is reasonable to to write them and inform them  the disclosure they have made is incomplete and so therefore they are still in breach of their strategy obligations. that you are extending your time before you issue proceedings buy a further 7-days but after that you will definitely be issuing proceedings and there won't be any further discussion. I think you have to take this approach in order to show the judge that you have been doing everything you can to be reasonable and to be co-operative even though they have failed in their duty.              
    • Yes photos could blow VCS case if they are trying the same company trope they have lost on before.
    • Well fingers crossed 🤞.then, I was surprised they posted a letter of assignation tbh, but guess I'll just have to wait and see
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

HSBC DEFENCE - Fees Vs Charges NEW TACTIC?


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Find a thread by Bong I'm sure there something about contractual interest, or search for that wording - I know youre not the first to raise this issue !!

 

In the mean time if I find it I'll paste you a link !

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...

Threads merged.

 

I think a few of the banks are referring to the charges being for services now. Keep reading other threads to see how this pans out.

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The London address is possibly best, I am of the opinion that if you send elsewhere they only forward using their internal mail system wasting another couple of days - why give them that pleasure !!

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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I am quite new to all of this but if a bank is stating that it is charging an arrangement fee for an overdraft and therefore providing a service, then surely they would communicate this to us, i.e thankyou for using the unauthorised overdraft service at the agreed price of £30 this new overdraft will be set at Xamount for X number of days?

 

The charge is for breaching the terms of the overdraft, and therefore a penaltly charge. I do not remember any literature stating that we were more than welcome to exceed our overdraft limits (i.e. breach our contract with the bank) but that if we did there would be a service charge!

 

....If it looks like a duck, swims like a duck, and quacks like a duck, then it probalby is.... a duck.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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I am quite new to all of this but if a bank is stating that it is charging an arrangement fee for an overdraft and therefore providing a service, then surely they would communicate this to us, i.e thankyou for using the unauthorised overdraft service at the agreed price of £30 this new overdraft will be set at Xamount for X number of days?

 

The charge is for breaching the terms of the overdraft, and therefore a penaltly charge. I do not remember any literature stating that we were more than welcome to exceed our overdraft limits (i.e. breach our contract with the bank) but that if we did there would be a service charge!

 

....If it looks like a duck, swims like a duck, and quacks like a duck, then it probalby is.... a duck.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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Oh and you will find in the CPR that the correct address for service for a company is the Registered address (Always found at the bottom of any letter headed paper.

 

In the alternative, you can use the webcheck service on Comanies House for free!

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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..that is to find the registered address!

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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Hi there

 

The banks are now stating that this is a service. I got a letter saying they had considered my unauthorised overdraft request and decided to deny it. This was for a direct debit that was coming out of my account. The system is the same, it is just their way of trying to get out of paying the charge. Have a look at one of my old threads regarding HSBC. I got a reply from a moderator regarding why this is not a viable defence.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/53209-new-wording-hsbc-letters.html?highlight=gemspan

 

Good luck

Gemspan

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Indeed.

The OFT said this....

 

4.21 Disguised Penalties

 

The analysis in this statement is in terms of explicit, transparent default fees. Attempts to restructure accounts in order to present events of default spuriously as additional services for which a charge may be made should be viewed as disguised penalties and equally open to challenge where grounds of unfairness exist. (For example, a charge for ‘agreeing’ or ‘allowing’ a customer to exceed a credit limit is no different from a customers default in exceeding a credit limit.) The UTCCR’s are concerned with the intentions and effects of terms, not just their mechanism.

 

In the money programme a few weeks ago the spokeswoman said that the banks were running the risk of being taken to court over this very issue.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Yes, utterly rediculous, a judge would agree, and they know it.

They will continue to settle, but I can see them getting more and more awkward about it. If it actually got to court, they would loose.

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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