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    • Nationwide is facing mounting criticism from savers.This is a result of the cuts it has applied to savings rates in the wake of the Bank of England's decision to cut the Base Rate to 0.1 per cent. View the full article
    • As a former NHS manager in a mental health trust... I agree 100% with the actions recommended by stu007.  And I would make especially clear in your letter(s) of complaint that you are extremely concerned about the whereabouts of any confidential letter that was intended to be sent to you in the handwritten envelope.  (Indeed, the fact that a handwritten envelope addressed to you was used would suggest to me that they definitely had something to send you.  It also sounds a bit odd to me that the envelope was handwritten).   As well as complaining in writing to them, I'd contact the clinical team by 'phone first thing on Monday, explain what's happened and tell them to ensure that any confidential information about you that has been sent to a third party must be recovered immediately, and you want confirmation of that.  Well that's what I'd do - see if others think it a good idea or not.  If that had happened at my trust, heads would roll.   There's another poster on these boards called "think about it".  They're involved (I think) in GP practice management and may have some comments too about patient confidentiality.   Oh - I think I would include a photocopy of the handwritten envelope in my complaint to the trust and the ICO.   (I've got to ask - can you say what trust it is?  Don't say if you don't want to.)   EDIT:  And well done for contacting the other person to tell them what's happened.  You did the right thing
    • Hey, thank you very much again for your replies!   - We go to the branches and ask for business accounts, but as I give them my personal name they register them as sole trader accounts in their systems, regardless of my company name being on the agreement.  Suspended our services for high volume messaging -- that is not explicitly covered in terms and conditions Send us letters referencing wrong terms and conditions that we did not sign Terminate the contract and come with a random balance number. We argue unsuccessfully, but they don't follow up with the requested deadlock letter. Pass our account to Lowell in 2017 I pick the account back up when I notice it is affecting my credit file in 2020 I work on the case for about three weeks and file a complaint with CISAS I give Lowell my contract and they see it is my company's name on it so they pass it back to Vodafone Vodafone wants to settle my account quoting they should not charge me anything on the first place and they offer £250 as a compensation for distress. I mistakenly accept the offer because of confusing wording and thinking that the third party adjudicator was already involved in the case, although they would basically get involved on the later stage.  I make a complaint as per CISAS and try to reverse the settlement in the system and have third party adjudicator having a proper look into my case and hopefully reward me a much fairer compensation for all the damages.    I have made a SAR request with both Vodafone and Lowell so far, but still waiting for the Vodafone to send it.    I am now waiting for CISAS to respond, but because I am still upset how much damage this has caused me I am considering taking them to small claims court.  For that I am researching what are the acts I would have to reference in that case.   Obviously Consumer Rights Act 2015 and then Data Protection Act 2018 and perhaps some acts regarding entering into contractual agreements -- can you help with that maybe?        My main concern at the moment is to how to express claims well in a legal language, because £250 they offered feels just patronizing given that there has been everything clearly written in black and white, yet I have had to go though this damaging and humiliating experience. 
    • Cooling off periods do not apply to faulty items. The cooling off period relates to a distance purchase of an item which is of satisfactory quality. Where an item is faulty then it become subject to the rules under the Consumer Rights Act
    • I understand the cooling off period for online purchases, but this is a little different due to the item being collected/paid in person.    A used item was recently sold by auction on eBay. The seller inspected, paid with cash and collected the item in person.    The buyer is now claiming the item to be faulty.    If this transaction was completely remote and the item posted, I would absolutely expect the buyer to be entitled to a refund.    But as the transaction happened in person would the point of the money changing hands be when the contract is made? Therefore not giving the buyer any cooling off period?   I think this is the key information; Used item Paid in person Working when collected Private sale   Thanks!
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Keith Davis

K Davies v HSBC ***WON***

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Hi, this is my first post since I joined the site and fired off my system access request asking HSBC for copy statements covering the last six years, this was done by email and I was unable to include the £10 fee which I said would be paid at my branch in cash. I received an acknowledgement from the bank stating that they would waive the charge on this occasion and they duly sent me all the statements requested. It took some time to wade through these statements and I duly logged all the charges and interest onto the spreadsheets dowloaded from the site and on 31st July 06 took these, along with the preliminary letter asking for return of charges, to my local branch where the manager faxed acopy to the relevant department. My claim was for £4,020.50 in charges levied plus £1,046.00 interest, making a total of £5,066.50.


I received no response to this letter and enclosures during the next two weeks and on 16th August 06, I took a letter before action and further copies of my spreadsheets to the bank, asking them to fax these documents as before.


On 18th August 06, I received a letter dated 15th August and postmarked 16-08-06, which stated that the bank did not agree with my contention that the charges imposed by them were unlawful and therefore unenforceable. The letter went on to say that the contract between the bank and its customer is governed by HSBC's standard terms and conditions, pointing out the relevant clauses therein and stating that a copy of the terms and conditions and a copy of the latest price list were enclosed for my information, - these items were not enclosed.


I have contacted my local branch in an attempt to speak to the writer of this letter and they have sent messages to the relevant department asking them to contact me, as although I believe the writer to be based in Sheffield (15 miles from my home) as per the address at the foot of the letter, the post mark states that it was posted from Swansea, and the contact telephone number given connected me to Manila, who then connected me to a call centre in Leeds (40 miles from me) when, 30 seconds into my conversation we were cut off! It now seems inevitable that I shall have to persue my claim through the courts and I have advised the manager of my local branch that unless I receive contact from a senior representative of the bank by close of business today, I will enter into litigation against them without further correspondence.


I would be grateful for any help or suggestions you or any other members can give and will gladly share any information or experience with others.


Let's get our money back!!!

Happy Bank Crunching,

Keith Davis.

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File the court claim, they won't pay up without it.

Have a read round the HSBC forum and see how they handle other claims.

Good luck :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.


** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....




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issue a claim via the courts, it is pretty straightforward, i am currently claiming against both hcbc an capital one, having been transparent with both companies, and have tried every avenue to come to agreement, i believe if my claim/s do, go to court the judge will look upon them unfavourably, as they have not conducted themselves in a proper and decent manner, :)


Claim served on 13-08-2006


full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D


capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D


Abbey Data Protection Act 4-07-06


issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:



Pleae make a donation to site, when you win-- I DID

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K.Davis v HSBC. Won £4800.00 - Without the need for litigation!


I eventually received an offer of £2000.00 from the bank, who stressed that, whilst not admitting liability, they were mindful of irrecoverable costs and management time associated with such claims. I telephoned the customer services team at Millshaw Park, Leeds and asked to speak to Colin Langdale as the writer of this letter. I was informed that he was on annual leave and spoke to one of his colleagues who was adamant that the banks position remained unchanged. I then sent further correspondence headed 'without prejudice' by email, stating that I was prepared to voluntarily reduce my claim to £5000.00 in order to use the small claims track, pointing out that with court costs and 8% interest added this would result in a claim against them of in excess of £5,750.00. Howevever, I also stated that I would settle immediately for the sum of £4800.00.


At this time I also had several ongoing issues and complaints against the bank, mostly service issues, which had not been resolved. I threatened the 'Quality Service' team with the ombudsman and letters to their chairman, Mr Geoghan and head of customer service team, David Lewis, as well as letters to the national press, FSA and Banking Standards Code Board as well as CAG if a senior manager did not contact me within 24 hours to settle these complaints. I was delighted when I was contacted by Mrs Heidi Daniels, who not only listened to what I had to say, but negotiated with the Leeds office who initially offered me the sum of £4300.00, which represented the refund of charges only, not the interest. I rejected this offer stating that I would settle for the sum of £4800.00 as stated in my email. Mrs Daniels then informed them of this and although they fought against it, got agreement from the bank. Further to this she resolved the other issues, refunded other charges and paid a further £250.00 compensation, whilst renegotiating a new overdrat facility for me, what a result! I have nothing but praise for this Lady, sadly as I mentoned to her, too many of her colleagues are 'Idiots' of the highest order!!!

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Well done Keith. It is frustrating i know, that when you call, you get a youngster on the phone,and has to keep asking their supervisor for information on what answers to give you. You did well there as most people have to go through the court route. Enjoy your refund.


Merry Christmas to you and your family.



Some useful links.


Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions


Remember: The Ark was built by amateurs-The Titanic by professionals.


Please click my scales if you find my advice helpful !


If your claim is successful, please donate 5% so that it can continue to help others.


Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.



Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers





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hI moved your posts from welcome to here, and ammended title.

Start a new thread for your other claim in "other institutions "

Congratulations once again:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.



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