Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
  • Our picks

    • View this quiz Employment status during COVID-19
      What do you do if you’ve been told not to come to work due to the current crisis.  Watch the video here or on the Youth Consumer Service Instagram page.

      Did you learn anything? Do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 0 replies
    • One Parking Solutions - Damning judgement. Read more at https://www.consumeractiongroup.co.uk/topic/421148-one-parking-solutions-damning-judgement/
        • Thanks
        • Like
      • 63 replies
    • View this quiz Coping with extreme hardship
      Life can be tough when you're entering the world of work and in the present virus crisis, things are even more difficult.

      Watch the video below or go to the Youth Consumer Service Instagram page . Afterwards, you can see if you've understood the points which are being made by taking the quiz.
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 8 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
    • View this quiz: Pre-pay meters
      An explanation of how some gas and electric companies offer emergency quarantine support.

       
      Watch the video here – or go to the Youth Consumer Service Instagram page and watch it there. Then come back here and do the quiz
       
       
      Submitter BankFodder Type One Right Answer Time 5 minutes Total Questions 6 Category The Youth Consumer Service Submitted 15/05/20  
      • 1 reply
babyfactoryxxx

HSBC (Holy Son of a Bank Charge)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4785 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hi there, SAR sent on 11th November, letter back (including my cheque back for £10) and statements within 2 weeks, request for charges £1634 sent on 8th Dec, no reply, LBA sent 29th Dec, just waiting for reply they have until 12th jan otherwise have already printed 3 copies of N1 with all my info on inc £120 court costs, interest at £0.35 per day etc but have no idea where to send it!! any help after this point would be much appreciated! thanks

Share this post


Link to post
Share on other sites

You will need to send this to your local court, either post it or take it there by hand (I like this option... lots more fun! :D )

All the best with your claim, you are quite well along, so not too long to wait!

  • Confused 1

 

 

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!

Share this post


Link to post
Share on other sites

Hello Jan, didn't see you there.:D


 

 

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!

Share this post


Link to post
Share on other sites

thanks guys, will take it myself, the post just seems such a long way round! and yeah i wanted to have a look round anyway!! i'm looking forward to my money back.. they've both had it for too long (RBoS-Right Bag of[edit]as well) (quick question, would you both mind having a look at my thread on RBS bit as well as there's a bit about court costs for Data protection and the process for this?? after 40 days has exp.) cheers

Share this post


Link to post
Share on other sites
, you are quite well along, so not too long to wait!

 

i like it crusher! considering the username is babyfactory!

 

when's it due?????????????

  • Confused 1

Share this post


Link to post
Share on other sites

ha ha ha!!! I had 2 boys a year apart, not expecting any more anytime soon but yeah the quote is quite fitting!! lateralus, are u trying to say I've put on weight... (you could say I've lost a few pounds since being with HSBC!!)

Share this post


Link to post
Share on other sites

oh, such wit! i'm going to like you - i'd look at your thread but probably wouldn't understand it - they will. my forte is the bog standard following of hsbc's trail to get it back and what to expect next so i'll help where i can. good luck - sounds like you've done your homework and may not need much.

Share this post


Link to post
Share on other sites

we'll see! am just in the middle of submitting a claim form online and copy/pasting all the answers from the FAQs-fells like i'm cheating as don't understand a word of it! but they've (hsbc) have got a while yet so am just going to save the forms on there until 12th jan...

Share this post


Link to post
Share on other sites

taken my court claim form in to courts yesterday and a nice lady there said i should hear something back quite soon.. anyone know how long it takes from this stage to get my money back as repayments on my managed loan from hsbc need paying off...

Share this post


Link to post
Share on other sites

A little while yet.. from here (if it goes as it is at the moment) you have about 6 weeks I suppose.


 

 

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!

Share this post


Link to post
Share on other sites

funny that, received offer letter today for £1388 (claim is for £1634), i'm thinking that they only did this to [edit] me off cuz it wouldn't be such a bad offer if i hadn't just paid the court costs i would accept it.. i think i might accept as part payment and advise them of court proceedings already submitted. does anyone think this would be a better idea (court claim would be £1754 plus interest, so their offer is £366 under-not including interest).

Share this post


Link to post
Share on other sites

that's fine - use the rejection of settlement template and tweak it to read as you said above.

i think it is all computers - you file - they send a 80% offer - it happens too many times to be a coincidence - why wouldn't they offer that earlier - it's a ploy to weed out the weaklings! carry on! don't look back!

Share this post


Link to post
Share on other sites

cheers lateralus, i've got the letter printed off and ready to go, just waiting now i guess (speaking of which, my claim with RBS is takin ages, haven't even got statements back yet but filed N1 form on 8th jan for data protection-and i think you'll get this- i paid the court fee for a court order and damages with an RBS cheque!! how ironic! :)

Share this post


Link to post
Share on other sites

irony is my middle name, cool!

Share this post


Link to post
Share on other sites

submitted my court case-judgement day was on 12th march so sent my form back to the courts-not heard anything back yet so will give them a ring on monday to what the crack is. can anyone tell me how long it takes for a judgement to be enforced.. ie when i will get a cheque from HSBC?? cheers.

Share this post


Link to post
Share on other sites

The stardard process with the courts and HSBC is for them to be allowed another 2 weeks to submit their AQ then their defence will be struck out.


Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

Share this post


Link to post
Share on other sites

sorry to sound daft but what does struck out mean? they basically have 2 weeks from when i ask for judgement as a final final deadline then will i get a court date or does the court just tell me of the ruling? (thanks for your post by the way!)

Share this post


Link to post
Share on other sites

What typically happens is that the judge will send out an order to HSBC/DG telling them to file their AQ by a particular date (usually 2 weeks from the original one) if they don't then the judge will declare that you have won by default. If they do file their AQ within this time then you will have to wait for a court date.


Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

Share this post


Link to post
Share on other sites
not heard anything back yet so will give them a ring on monday to what the crack is

It might be an idea to give DG a nudge by means of a letter or quick call. A default judgement just means greater delays....


 

 

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!

Share this post


Link to post
Share on other sites

you two are talking about two different stages - but the practicalities are the same -

they had 28 days to file a defence - they didn't file one - had they filed, you would have received paperwork including an allocation questionaire which would have been due back in about 2 weeks. you would have filed it and if they hadn't filed theirs you'd also be contacting the court to see if you could get their defense thrown out. just a slightly different stage, thought i'd clear it for bf and gmmm.

but back to bf and them not filing a defence. as with all the deadlines for the defendent - the court seems to bend over backwards giving them an extra week or two to file (makes you wonder why they give deadlines - should call them dyinglines or hangingaboutlines but deadlines is a mockery)

so, the court will give them extra time and i've only seen a couple in all these months where peeps got a judgment. best scenario - as crush says, send them a letter - i'll tweak one hear for you if you like and in general, dg will hold up their hands and say ok - we missed that one.

keep in touch with the court side of things - by ringing the court and just nicely keep saying what happens next.... they are very accomodating.

see if this works for you:

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Re: XXXXX - v - HSBC

account no,

claim no and filing date.

 

It has come to my attention that as of xx/xx/07, (latest date you've talked to the court) you have not filed a defence in this case which was due on xx/xx/07. Please find enclosed a copy of my schedule of charges relating to this claim.

 

I would remind you that with the filing of the court claim, I will now require the addition of that fee to my claim.

 

I am mindful of the vast number of claims with which you are currently dealing. I would remind that I require £xxxx.xx in total to end this claim and for me to halt the court action. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. I look forward to hearing from you.

 

Sincerely

 

 

 

 

 

 

have to dash - didn't want to loose this, i'll be back in a bit to proofread it

ok, back now:

i was looking for this from crusher:

Remember, its actually best to try not to get a win by default.

You are better trying to ring debbie and get them to put in a defense, (although this is something that goes against my intense will to get the bailiffs in on hsbc...:grin:) as a default judgement normally results in loads more delays. The judge WANTS to get this case heard, not won on a technicality.

 

take a look at this.....

 

default judgement

so, look at that link and this is the letter from that link:

__________________

 

Quote:

:

Dear

 

Claim Number 7XX00000

 

You have not filed a defence for claim number 7XX00000 at (Town) County Court, and the time to file a defence has now passed and judgement in default has been/will be granted.

 

I am writing to give you one final opportunity to make full payment of £000.00

 

If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will file for Judgment in Default/apply for a warrant of execution.

 

Yours sincerely

i think i like the one from the link a bit better - but there are a couple of options - yes, i'd def send them a letter.

Share this post


Link to post
Share on other sites

thanks very much you 2!do really appreciate all this as starting to get a bit worrying and haphazard in these later stages as all other cases i have read seem to take different routes. i'll have a read of the letter in the link and send one off 2moro and ring the courts as well. (ps lateralus, what were you doing up at a reasonable hour??)

Share this post


Link to post
Share on other sites

i never sleep - i just sit here 24 hours a day, watching and waiting for someone to help!!!!!!!! ta-da - it's lats to the rescue....................

i'm actually trying to beat netty to the newbies!

Share this post


Link to post
Share on other sites

well you usually beat me to them. :-(

 

 

 

:-D


 

 

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!

Share this post


Link to post
Share on other sites

hiya, sent a letter to DG telling them that time was up, one week to file a defence or else etc.. they filed a defence and now i have an allocation questionnaire.. due on 23rd April, i can fill in the AQ but what happens now? the defence says what i guess everyone else's does, that HSBC deny everything and that they are in the right... i'm starting to get a bit worried now, what if the judge doesn't file in my favour? and do i have to pay another £100 on top of the court fee I've already paid?-can i claim this back too? HELP!!!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...