Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

jones vs HSBC


forever young
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6293 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone, lurker extraordinaire here :) , im about to send off my prelim letter for a whopping £3659.50 :o now before i start i would like to ask if it will be possible to get a default removed at the same time? I know its possible but in this instance the default was for a loan account with hsbc which i feel was only brought about as a direct result of exessive charges leading to unpaid items (funny how they always find the money to pay themselves tho :mad: ) this also lead to a similar thing with egg credit card (arrears = default = sub prime morgage = lots of wasted money paying exessive interest rates )

anyway basicaly any advice would be appreciated

thanks to all and what a great place this is (i just wish i had found it earlier :wink: )

Clint

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Clint.

 

As far as the default goes, I have a feeling that it may be difficult because it was not applied to the account which is in dispute.

It was a consequential outcome of the problems with your current account not a direct result.

 

If anyone else has information to the contrary I will be pleased to be corrected.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Thanks rooster i had a feeling that was the case, still never mind i am gonna go for them for all they owe me... The trouble that bank caused me a few years ago is unbelievable. Thanks again :)

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

I'll see if anyone has any other views on the default question.

See if anything comes up.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

Hello again.

 

This is the answer that I got from a moderator.......

If it was with the same company ie hsbc loan and hsbc current account I would say go ahead. I'm about to start a claim for default on credit card with NatWest based on charges on NatWest current account. Although ask me in a few months I might be able to tell you the correct answer then!

 

He could also go the s.10 route (Unwarranted damage and distress) rather than s.14 route (incorrect data) or do both as I am!

 

Direct him over to the defaults forum. Its a little tucked away for newies to find sometimes.

 

Click on this link for DEFAULTS FORUM.....

 

Post the question there, see what sort of response you get.

 

Good luck.

Regards, Rooster.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Link to post
Share on other sites

I am so grateful for your help, having browsed through some of the default forum i think im going to concentrate on the bank charges at the moment and sort the default/s later (one thing at a time i think, i am not great with this kind of thing so dont want to bite off more than i can chew :o).

So onward with my claim, i will post the preliminary letter on monday and hopefully get the ball rolling!!!:eek:

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Ok i think i have made a mistake in adding it all...:o i had for some unknown reason altered vampiress's spreadsheet to 6% interest but now understand its actually 8% AND i had not added the interest so with interest the actual amount would be £4,673.44

(£3699.50 + £973.94 = £4,673.44) so as i understand i add the interest at the mcol stage BUT when sending the spreadsheet in preliminary letter should it reflect the charges + interest or just the charges ? also would the fact it would then be above 5000alter anything or is it the same procedure? any help would be appreciated greatly :D

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Ok answered my own question.

This will also calculate a further kind of interest (at 8%) but this is not reclaimable at this early stage and is for future reference only.

Enclose a schedule detailing the charges you are claiming, but do NOT include the 8% interest on the schedule yet.

 

taken from http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

(which i promise i have read i just diddnt understand the interest bit clearly although i think i have a grasp of the general idea of adding :o )

i havent managed to answer my other question was as to whether the process will be the same as the amount claimed with interest would exeed £5000. i will endevour to answer but if anyone knows in the mean time feel free to chime in :grin:

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Hi all a quick question if i may :)

I sent my Prelim letter on monday via recorded first class delivery, the bank still havent received it so im wondering if my 14 day deadline would be from date of letter or date of receipt??? any help would be appreciated :D

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

well im sure that this is an indicator of my luck. The Preliminary letter is STILL not received according to the royal mail website. Royal mail say to allow up to 5 days for delivery (posted first class recorded delivery on monday its now friday).... BUT you then have to wait up to 15 days before enquiring/reporting :eek: i cant believe this is happening to me grrrrrrrrr, i now wonder A) how this affects the 14 day limit (assuming they actually receive the bloody letter at all) or B) should i just re send with a brief explanation/cover letter explaining that its a copy and origional was lost in post, and finally C) if i do that do i reset the 14days or continue according to the original schedule?

any advice would be appreciated :D

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Hi,

 

I'm on the same timeline as you and am going through the same thing. I sent my prelim on the 15th and Royal Mail have no track and trace info on mine either. I had no idea that you could wait up to 15 days for the info!

 

Well, this is only my opinion, but I'm just carrying on with my timescale I've set. Chances are the letter HAS been delivered so you'd be upset if you waited for no reason!!

 

Keep us updated! Hopefully we'll get some kind of response before long. Roll on 29th Jan!

 

Nikki.

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

Thanks for the reply nikki i think i will follow your advice and stick to my timescale as well (after all it IS us suing them not the other way round ;) ) thanks again and please keep me updated with your progress :)

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

No mine hasn't either!

 

Hmmm - I'm guessing there may be a bit of a backlog after christmas - not much help to us though. I had to send in an updated prelim to HSBC last friday (added cont. interest) and I hand-delivered it in the end. At least I know it got there, and I took in a printed slip for the manager to sign for proof. It's ok for this stage though, but I'm not hand delivering to Leeds!!

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

  • 2 weeks later...

just to update the prelim was received on the 16th (thanks nikki for the good advice :D I have sent the lba yesterday and it was received today according to the royal mail website

and i have had a nice letter from mr colin langsdale stating they are making enquirys and will contact me shortly :)

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

i call this one the fob off letter - you are lucky - some get no response at all and some get the sod off letter (our charges are legal you can go to hell before we give you anything). just carry on per the schedule - as you said - it's you suing them - not the other way around - just stick to the timetable - no matter what colin throws your way.

this is a good time to register with mcol and work your way through to the particulars - read up and start on it - get it the way you want and by the time the 14 days is up you will be ready to pay and submit. if you have probs, getting your particulars to fit - check the template and if you like i'll send you mine as another example. the mcol is very handy - just pop in and out at will.

Link to post
Share on other sites

i call this one the fob off letter - you are lucky - some get no response at all and some get the sod off letter (our charges are legal you can go to hell before we give you anything). just carry on per the schedule - as you said - it's you suing them - not the other way around - just stick to the timetable - no matter what colin throws your way.

this is a good time to register with mcol and work your way through to the particulars - read up and start on it - get it the way you want and by the time the 14 days is up you will be ready to pay and submit. if you have probs, getting your particulars to fit - check the template and if you like i'll send you mine as another example. the mcol is very handy - just pop in and out at will.

Done and Done :D thanks for the advice, just the waiting game now :-|

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Sorry to bother you but does this look ok

 

1. The Claimant has an account ******** with

the Defendant, opened 1997/8 2. Since

05/01/01 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of

£3699.50; (b) Interest per S.69 County Courts

Act 1984 of 8% - £2412.46 continuing at 8%

until judgment or settlement at a daily rate

of £0.81; 6. Alternatively, if the charges

are a fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the Court.

 

Thanks

Clint

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

Good to hear you've the LBA out to them! I revised my prelim, so I don't get to send mine til Friday.... I've never known 14 days to take so LONG!!

 

I too had the usual 'looking into it' letter about 5 days after sending. Ok, so it's not an offer, but reassuring to know they've got it. Knowing my luck I'll get the sod off letter next!!

 

I'm claiming contractual interest so I think I'm going to have to go down the N1 route unfortunately :sad: ....unless MCOL increases the amount of lines by the time I get to court! Not very likely, I know!

 

Good Luck!

 

Nikki.

Halifax Card: Claim served 30th Mar - they met 2nd AQ deadline - waiting for Directions/Court Date

Monument Card: Claim served 30th Mar - Directions taken - 14 + 14 day deadline 18th June - settlement signed & waiting for cheque

CitiCards: Claim served 6th April - Defendant's docs (only) to be received by 25th June - case back to Judge 2nd July

A+L (SETTLED IN FULL): Prelim sent 16th April - Claim settled 4th June (on the defence deadline)

Debenhams Store Card (SETTLED IN FULL): Prelim sent 17th Feb - Claim settled on 14th Mar (3 days before LBA deadline)

MINT Card (SETTLED IN FULL): Prelim sent 8th Feb - claim settled 14th Apr (1 day after defence deadline)

HSBC (SETTLED FOR 8% INTEREST): Prelim sent 15th Jan - claim settled 18th May (after AQ deadline)

Link to post
Share on other sites

also i added this in my prelim letter

 

What I require

I calculate that you have taken £3699.50

I enclose a schedule of the charges which I am claiming with this letter

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

any thoughts?

  • Preliminary letter sent 15/01/2007 received 16/01/2007 :cool:
  • LBA sent 29/01/2007 received 30/01/2007 8-)
  • Mcol filed on 12/02/2007 8-) acknowledged 14/02/2007

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...