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    • Good afternoon. I've read a few threads briefly regarding a dmp with stepchange and was 95% complete with setting one up when I noticed the advice of letting things default instead and/or managing a dmp yourself. My current situation is the following £470 owed to Jacamo. Has not defaulted. Currently on a £10 payment plan with them for 12 months. Not sure what to do here £2700 owed to Vanquis - Credit Card. Has not defaulted and I have not missed payments. I am unemployed and even making a £200 payment from my benefit means £80 odd gets eaten thanks to interest. Guessing I let this default and then set up a payment plan after? £2500 owed to Lowell who bought from Very and passed on to Overdales after I ignored them. Last payment to Lowell was 30th November 2022. Plan here was to fight them in small claims court if it ever gets that far, assuming the worst. Any advice is very much appreciated, thank you.
    • will they inform my employer and sack me?  
    • Ok, so they will look back a max of 1 year's record and ask me to tick which ones were used by me?  
    • Not prison, no. That has never happened here. I think they can look back a year on their system and you'll have something like TiredDodo did when they were summoned to court. With a year's use, I'll be amazed if you don't have a court appearance. HB  
    • do you know how far back is the journey they can produce ? also, i will have to tick against their list. am i going to be imprisoned??  
  • 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

LivingForever v HSBC - **WON**


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Yup - short and to the point - good letter and good luck.

  • Confused 1

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Okay, well they've now had my letter 7 days and not one penny has arrived back in my bank account nor have I heard anything.

 

I imagine this means within the next few days I'll have a letter saying they've withdrawn their offer of £875 because I didn't accept it as full payment - can they do this?

 

I suppose the next step is to file my MoneyClaim? Can't do it until I get paid on Friday sadly!

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Yes they can. I had the same situation, and when they wrote back, they didn't even mention the offer. Just the normal stuff that they don't agree that the charges are unlawful etc.

 

I filed on money claim for the total amount in the end. Now waiting for their defence:)

Claim against HSBC for £1379.41 (incl overdraft interest charged and 8% interest)

 

Data Protection Act request delivered 10/03/06

Statements received 06/04/06 (for free)

Initial repayment request delivered 18/04/06

Poke it letter received 27/08/06

Letter Before Action delivered 04/05/06

Offer of £927.50 (all charges but not interest) received 18/05/06

Unconditional acceptance and Final Letter Before Action (me being generous) delivered 30/05/06

Poke it on all counts letter received 07/06/06

Court Claim Submitted 11/06/06 (claim number 6QZ37645)

Acknowledged 15/06/06

Full offer made for £1499.41 and accepted 20/06/06

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Okay, well they've now had my letter 7 days and not one penny has arrived back in my bank account nor have I heard anything.

 

I imagine this means within the next few days I'll have a letter saying they've withdrawn their offer of £875 because I didn't accept it as full payment - can they do this?

 

I suppose the next step is to file my MoneyClaim? Can't do it until I get paid on Friday sadly!

 

James

 

Oh well, at least you can get your 8% when you file the moneyclaim!

 

Crusher :-D

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Okay, well they've now had my letter 7 days and not one penny has arrived back in my bank account nor have I heard anything.

 

I imagine this means within the next few days I'll have a letter saying they've withdrawn their offer of £875 because I didn't accept it as full payment - can they do this?

 

I suppose the next step is to file my MoneyClaim? Can't do it until I get paid on Friday sadly!

 

James

To be honest there is nothing different here from anyone else's claim...they will not make a serious offer until you have raised your claim, so that is the next step.

 

You may wish to consider doing it in person, using an N1 form at the local court. This enables you to ask questions, and also to attach a schedule of charges to your claim form. anks are asking for this now, so it is prudent to get it in early...

 

You will get your money, and I expect you are only a couple of weeks away now...

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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To be honest there is nothing different here from anyone else's claim...they will not make a serious offer until you have raised your claim, so that is the next step.

 

You may wish to consider doing it in person, using an N1 form at the local court. This enables you to ask questions, and also to attach a schedule of charges to your claim form. anks are asking for this now, so it is prudent to get it in early...

 

You will get your money, and I expect you are only a couple of weeks away now...

 

 

 

Thanks everyone - it's hard to hang in and keep motivated when things seem to be going badly, it's a good job we have this place to come to and vent!

 

Do you think making the claim at the local court will make that much difference? I'm not sure if I can get there easily this week and doesn't it cost more doing it like that?

 

Cheers

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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  • 2 weeks later...

Well this is odd...

 

I've just simply not had the time to get my act together and file my claim which is presumably what they hope will happen, however today I got home to a letter which is identical to the previous letter offering me £875, but this time it offers the full £1050.50.

 

No mention of their previous offer or that we accepted it in part settlement!

 

I'm going to send it back signed and accept it but won't celebrate until the money arrives into the account!

 

Just to clarify this is a letter from HSBC in Leeds (Colin Langdale) and not from DG solicitors as we never got to the court stage- can I assume that I will definitely get the money and quickly if I send this back immediately? Or is it only offers from DG that get paid instantaneously?

 

I wonder if it's worth phoning them up...

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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Just send it back - if they've offered to pay up they should pay up.

 

Let us know!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Well the money's arrived back in the account today - woo-hoo!

 

For anyone else in a similar position, (i.e. you accepted an offer from HSBC on their headed paper and sent back your form), that's taken just under a week to come through.

 

Must say I'm quite surprised at how easy it was, and specifically that I lapsed on my timeframe (didn't get around to raising my claim at all) and yet after a certain time they still just caved in and refunded me the money without any further prompting.

 

Maybe they have so many coming through now that they don't have time to check which of us have actually raised a claim and which haven't!

 

Anyway, thanks all for your help and support - I've filled in the survey and made a donation of course - hope everyone is doing the same!

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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By the way, I wanted to edit my thread title to add *£1050 refunded in full without raising a claim!* in order to attract more attention but it doesn't seem to have worked - any hints on how to do that?!

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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congratulations!!

 

I'm just waiting for my response - they got until Tuesday 11/06/2006.

 

congratulations again. any indication of them closing your account?

 

i bet they have got loads now, nevermind though, at least you got the cash!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Congratulations!!

 

Fantastic news :D

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks everyone... the virtual beers are on me!

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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By the way, I wanted to edit my thread title to add *£1050 refunded in full without raising a claim!* in order to attract more attention but it doesn't seem to have worked - any hints on how to do that?!

 

James

 

Just PM one of the mods - vampiress, spiceskull etc with the name of this curretn thread and what you want to change it too. They should be able to change it.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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nice one livingforever - we've been getting exactly the same letters, they recieved my acceptance today so i shouldnt have to wait too long .. well done anyway =)

04/07/2006 - Full, unconditional offer made from HSBC, accepted. £1444.xx (unfair charges)

01/06/2011 - Barclay CC PPI claim initiated

13/09/2011 - Claim rejected :|

19/10/2015 - Claim restarted !!!!

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congratulations!!

 

I'm just waiting for my response - they got until Tuesday 11/06/2006.

 

congratulations again. any indication of them closing your account?

 

i bet they have got loads now, nevermind though, at least you got the cash!!

 

No, no sign of them closing my account!

 

Now, here's to making sure I don't rack up any more of these flaming charges!

 

James

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Round 1: HSBC Current account - £1050 of unlawful charges refunded before even filing my claim! (August 2006)

Round 2: HSBC Current account (again!) - £275 refunded after preliminary letter! (June 2007)

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