Jump to content


  • Tweets

  • Posts

    • while politicians trough at subsidised bars and canteens, claim thousaands in expenses while letting out their properties and tories vote to leave UK children hungry That ALL needs to stop
    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
  • Recommended Topics

  • 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
      • 161 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
  • Recommended Topics

jones vs HSBC


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

Thread Locked

because no one has posted on it for the last 6247 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

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Clint,

 

Have you hear anything yet? Any offers?

 

I haven't heard a thing...

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

received my acknowledgement today. Can anyone give me info for timelines.

The acknowledgement of service copy is dated 13th feb signed by Deb D'Aubney, and the box intend to defend is ticked.

Do I have 28 days from this date?

What will happen next.

Can anybody help. thanks.

  • 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

now, send the courts 2 copies of your breakdown, with a reference to your claim number - asking for them to be attached to your claim - use the address on the paperwork. also, send dg - address on pg 2 of your acknowl. 1 copy of your breakdown - with claim ref. no.

the date of issue is the counting date - they now have 28 days from that date to file a defense - this is the long wait. just use the time to read other threads and get a feel for what may come next if they don't offer before they file a defense - which lately - very few offers come before the 28 days is up. patience is a virtue!

Link to post
Share on other sites

thanks laterlus for your quick reply. Date of issue would be 12th Feb then. Copies already sent to court, will post copy to DG. Undestand they are filing defence at last minute! Mrs Jones here so I am trying to get a grips with it myself. Once defence is filed what happens then?

  • 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 that's easy this month - 28 days will be 12th Mar.

yes, they usually do file at the last minute.

once defense is filed you receive from courts a transfer to local court, a copy of their (hsbc) defense, and an allocation questionaire which will need to be sent in (with £100 if the claim is over 1500) in about 2 weeks from receiving it. hopefully, you'll get an offer before it is due - but if not, we are here and will help you fill it in (very easy - just a couple of things we add), and that's it - also, during that time you'll be bugging dg - hoping for an offer - more about that later - just read other threads - some who have just moved to that next stage just passed yours are: netty, rundl, beresd, johnnymitch, noel and a stack of others - so no shortage of reading material. just read and chill for a couple of weeks.

Link to post
Share on other sites

  • 4 weeks later...

28 days is up today!!. getting ready to do the AQ. Looks like thats the way it's going. Haven't heard anything from anybody since started claiming, just one letter with the leaflet to read!! from Colin.

  • 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

did you try pressing the judgment button - if it's too early it won't let you press and if they have filed a defense - then it will say you can't continue.

if they defend - you'll get paperwork including aq in about 2-3 days. it will be due in about 2 weeks - so no rush to get it in - just don't miss the deadline.

Link to post
Share on other sites

I keep pressing it, just for fun, but nothing as of yet. They will probably enter defence at midnight. I am waiting up just in case they forget. If they don't file a defence tonight will I win or can they apply for more time to enter their defence ?

  • 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

the button will let you know - if the judgment is accepted - then - talk about an anti-climax - the judge usually gives them an extra 7 days to file anyway! yes, i know, we've all said the same ! how silly is that. i've been watching this stuff for about 9 months now and i only saw two get their judgments that way. they will defend - you'll get the aq to fill in. but press it regardless.

Link to post
Share on other sites

Hello All,

 

I don't want to put a dampner on proceedings but HSBC have 28 days from date of service not date of issue. My claim was issed on 13th Feb and acknowledged on 15th but not officially served until 18th Feb. This means they have until 18th March to defend (although as this is a sunday they will have to by 16th)

 

As you are only 1 day ahead of me it's likely they have until the end of the week....keep holding on it won't be long now!

Link to post
Share on other sites

wel it seems andy is right i still cant press the judgement button yet so AAAAAAAAAAAGGGGGGGGGGGGGG.:mad:...

there i feel better now :) cheers andy for the info, altho im not sure but wont they have till the following monday rather than the friday?

  • 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 even when they do miss the 28 deadline the banks seem to get away with it......having looked at other threads they generally seem to defend a couple of days before. Someone (I forget who) who is 2 days ahead of me received defense on friday so hopefully we will hear today or tomorrow. Will let you know as soon I know.

Link to post
Share on other sites

  • 2 weeks later...
  • 2 weeks later...

AQ deadline was 1st April. have phoned Court and DG had not submitted their AQ. Have sent the nudge letter to DG and emailed too!, but have still heard nothing from DG. STILL WAITING!!!

  • 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

ring the court on tues and ask if they have and then say - "so, could you please tell me what happens next?" you might mention the unless letter.

When you have filed your AQ................ (multipage.gif1 2 3 4 5 ... Last Page)

see post 1 for some court speak. you are just trying to push that bit forward a little as well - not so much as because you want to file a default - more because you want to use the info to prod dg into and offer.

Link to post
Share on other sites

ok i have just got off the phone to the court......it seems dg have filed their aq and it is now waiting for the judge, the lady said it will be a couple of weeks before we hear from them :Cry:

  • 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...