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    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
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      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.

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mkernohan vs HSBC bank


mkernohan
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Starting my attack today. Got the charges worked out (didn't need the 40 days letter, as mine are all online). Did the interest calculator (as seen on moneysavingexpert.com). Found the address to send it to (which has varied, but a few accounts suggest:

 

Colin Langdale

HSBC Bank plc

Service Quality Team

Arlington Business Centre

Millshaw park Lane

Leeds LS11 0PP

 

Although I have another letter ready if anyone has any further suggestions, however I'm guessing that sending more than one letter might complicate things?)

 

 

Well, am about to post it (recorded, of course), so wish me luck!

 

 

M

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hi m

i did my original spreadsheet from the same site but had to re-do the one they reccomend on this site as it gives more detail. i tend to stick to the guidelines set out here.

as to where you send your letters, most people i think use the canada square address, but if you send them anywhere else they end up in the right place anyway.

hope this helps a little

netty

If i've been helpful in any way....then tip my scales over there!

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i'm thinking you mean you are about the send the first letter - the prelim?

and i'm assuing you mean you have figured out what they owe you in charges plus the 8% interest and that's what you are asking for? if all this assuming is correct - than i have some advice - you need to look carefully at the step by step instructions -

Newcomer? Here's A User Guide

one of the points is - you do not ask for the 8% in your first letter or they will know you don't know what you are doing as that is only applicable when you file your claim.

the colin langdale is a fine address as any offers before you file (usually just fob off or sod off letters - but an occasional offer) will come from him.

always send recorded delivery. keep a file of everything you have done.

but first and foremost - follow the plan - it is oh so much easier to fix a mistake before you make it than it is to fix it after you've sent it.

the template letter in the library has worked hundreds of times now - i'd stick with a winning formula. best of luck, ask if you need help, but follow the plan and stick with the schedule once you start.

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I'm now a little confused. It seems it was a good thing that I had to work through my lunch and therefore could not send the letter yesterday.

 

Firstly, which one is the best address to use? Canada Square or Colin's? And if Canada Square, then to whom do I address it?

 

Secondly, I added the interest to the letter, because that is what the letter says (unless it has been updated since I downloaded it, just before christmas). Also on Martin Lewis' site it says the following:

 

Charge interest on top

If you won via the courts, you would be entitled to add 8% interest (not compounded) on top from the date you were ‘first deprived’ of the money (i.e. the date of each charge). Therefore you may want to ask for the interest as part of the initial claim. It's important to understand that you are not legally entitled to interest unless you win in court, yet all prior letters are a tool of negotiation; think of it a bit like haggling.

 

I'm assuming the initial claim is what I'm about to send???

 

Thirdly, is Martin's spreadsheet not good enough? And I hope I don't need to do it all again? Cos it took me ages to go through that one!

 

I'd appreciate any response asap, as I've spent too long checking everything and am worried that any day now there'll be a thing in the news saying "if you haven't claimed by now, then don't bother!". :-|

 

Cheers,

Mark

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Hi Mate

 

I sent my prelim off yesterday and the address i used was:

 

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

To be honest i dont thnk it realy matters where you send it as it will end up at Canada square eventually.

The only interest you charge at the prelim and LBA stage is overdraft interest. The 8% interest is added at the MCOL stage. As for the spreadsheets if i where you i would recalculate your charges on one of the spreadsheets provided in the library and also follow the step by step guide then that way you realy cant go wrong:grin:

 

step-step-instructions

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is there any way of getting the right spreadsheet without having to register with google? Sorry to be a pain, but I'm already registered with more websites than I can remember! :p

 

Ps. which one IS the right spreadsheet?

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Cheers Iggy,

 

It seems I'll have to postpone this attack until I've re-done my spreadsheet.

 

Dunno if anyone can help in another matter of mine.. I've got my statements via the online way. I've then compiled them into an excel spreadsheet (one for each year to make things easier) and to find the charges I'm doing a "find" for the word "charge". Knowing it might be called something else I've searched for other words (such as "card" "misuse" "interest" "return" etc, including misspellings and shortening), but, other than "interest" none of the others have found anything. I've also had a scan by eye through each of the spreadsheets.

 

My worry is that I vividly remember having a statement (or checking my current online one) which shows a "card mis-use", however this doesn't show on the online statements in the archive. Now would it be that they have been re-named as just "charge" as there are quite a few of these?

 

I don't want to miss anything out.

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i think possibly if you follow that step by step i did for honey - it may answer all your questions. just try it!

better to get it all sorted now - than to try to rectify things further down the line -

you won't see that headline until the banks admit their wrongdoings and that won't be anytime soon.

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