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    • No worries at all.   For the record and others, I appealed as Mr Registered Keeper, firstly to the cowboy parking company, and then to POPLA once the PPC had conducted their ''extensive'' investigation to my appeal, which took them three & a half minutes from appeal to their decision.   It stands to reason that this PPC in particular instance, DOES NOT investigate your appeal, their system is set up to respond to all appeals with a refusal and POPLA code, which when you appeal to POPLA costs the PPC money.    
    • From here  I have been advised to start a new thread. So here goes.   I ignored the threats as advised before but last week I received a money claim online from the courts. Stating that I intend to defend against the claim, I completed the acknowledgement of service on Thursday evening and today I want to complete the rest of the things as instructed. I will provide the complete details in a minute but I firstly will paste the original instruction before filling in the relevant data. Name of the Claimant :   Claimants Solicitors: (if one is stated)   Date of issue – (top right hand corner of the claim form – this in order to establish the time line you need to adhere to.)   Date for AOS - (you must complete an Acknowledge Of Service upon receipt of the claimform on the MCOL website - this deadline is calculated by adding 19 calendar days to the date of issue - ( 5 day for service + 14 days to AOS) - carefully note that the date on the claimform is ONE in the count.)   Date to submit Defence - (you add a further 14 calendar days to the AOS date - note: should this date fall on a W/End, you must file by 4pm Friday)   [NOTE : WHEN CALCULATING YOUR TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN ANY COUNT [an example: Issue date 01.03.2020: + 19 days  = 19.03.2020 :+ 14 days to submit defence = 02.04.2014: a total of 33 days]   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. (Particulars of Claim are in the box to the left of the N1 page 1)   **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim?     Amount Claimed  court fees  legal rep fees  Total Amount    ^^^^^^^copy and paste the above to your topic^^^^^^^ No I will fill in the details ....
    • Simple Simon might give in after you fought back confidently with a snotty letter, or he may still take you to court.  He has phases of issuing court claims like confetti.  After all, it only costs £25 and can be done in under a minute on a computer as his claims are all copy & paste.   You're in a great position to smash any claim, especially due to this Excel/VCS mix-up - as long as you gather evidence now.  Which company was shown on the car park signage?  Which on the PCN?  Etc.   This should all have been done in January, not at the last minute when a claim form could drop through your letter box tomorrow, and you should never throw away the paperwork when you're in legal dispute. 
    • except claimant and defendant have been switched in two places. 1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract Should be Defendant entered into a contract with the Claimant   5.  The Defendant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure. Should be Claimant
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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LivingForever v HSBC - **WON**


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Well after reading these pages for about a month now I feel ready to take the plunge. Our new joint account with Alliance and Leicester is up and running so I spent last night totting up £1050.50 worth of HSBC charges over the last 5 years.

 

Looking forward to seeing how this goes!

 

I've printed off the preliminary letter and have also added my own little bit as this is something I feel quite strongly about:

 

In addition, the constant levying of excessive charges against my account has led to financial difficulty on many occasions, with several of these unlawful charges being incurred as a result of exceeding my overdraft limit purely due to the previous month’s charges being deducted. This has led to a cycle of charges from which it is extremely difficult to escape.

 

I'm sure no-one will read the letter anyway but I put it in Italics in the hope someone will notice it!

 

I gather that at this stage there should be no mention of interest, so my 'What I require' paragraph simply reads :

 

Since opening the account in October 2001, I calculate that you have taken £1050.50 from our account in the way of these charges.

 

Is that right, or should I have written something there about overdraft interest incurred as a result of the charges?

 

Thanks for reading!

 

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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That is fine if you are not including overdraft interest...

 

Good lUck

  • Confused 1

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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No, I think to be honest that it'll take me too long and be too complicated to try and work out what percentage of the interest I've been charged over those 5 years was levied on the bank charges!

 

Letter going in the post today, I'll let you all know what they say.

 

Do we generally recommend sending it recorded, or even better delivering it by hand?

 

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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Do we generally recommend sending it recorded, or even better delivering it by hand?
If you do deliver it by hand, still make sure you get a signed receipt, that acknowledges they have received the lettter. It has been known for hand delivered letters to disappear and later denied being received. There was one person here who when speaking to his branch manger about things and had the manager deny ever receiving such a letter. Fortunately the person had had it signed for and so produced the receipt. The manager went and found the letter. I think this is a true account of what happned. Can't recall who had the experience?

 

Much as I don't like to say this, as I generally do trust people, don't trust the banks.

 

Neil.

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Well the letter went off recorded delivery last night so they should hopefully get it today or Monday.

 

Let the games begin!

 

;-)

 

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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The letter has been delivered. Counting down the 14 days until letter number 2!

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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Waiting for the bank not to read your preliminary letter, you might like to amuse yourself trying to calculate how much interest they have taken from you in respect of your unlawful charges over the previous five years. You may find it quite a surprising amount and you may decide that it is worth going for. There is no problem about adding the charges to your letter before action and then to your final claim. That kind of approach might teach the bank to take the opportunity of a reduced claim in the preliminary letter in future (although I doubt it).

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Thanks for the useful info - trouble is I wouldn't know how to go about differentiating between interest legitimately charged on my overdraft and interest charged on the fees, is there a simple way to calculate this?

 

Thanks again!

 

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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Thanks for the useful info - trouble is I wouldn't know how to go about differentiating between interest legitimately charged on my overdraft and interest charged on the fees, is there a simple way to calculate this?

Simple answer is no. It is complicated and many people don't bother. You'd need to know the interest rate the bank was charging at the time. Unless you're claiming loads back the time spent wokring it all out may not be worth the effort?

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Well I received a letter this morning saying that they thank me for my enquiry and someone will be in touch soon, nice to know someone cares, eh?!

 

Letter before Action is printed and ready to send on Friday!!

 

;-)

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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Surprise surprise - 14 days is up and no-one has been in touch!

 

LBA going off today...

 

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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  • 3 weeks later...

Well I must say I'm disappointed that no one's been in touch whatsoever after two lots of two weeks...

 

Still, I guess that means more money for me (interest can be added now I'm claiming right?!)

 

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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Hi James,

 

I am nearly at the end of the first 14 days and not heard a word, sending off the second letter on the 6th. I sent the first letter by 1st class post so I guessed they wouldn't reply. I intend to send the second by recorded delivery. Out of interest did you send both of yours recorded?

HSBC:

17/06/2006 Settled on offer of £785.00

 

Cahoot:

25/05/2006 DPA sent. 40 Days to comply.

06/07/2006 Deadline for DPA.

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Hey guys,

 

I have just worked out all my charges and now want to send the preliminary letter. I have read through the FAQ's etc but an confused. What figures do I put in the letter and do I include the 8% interest charge in the preliminary letter?

 

After that letter has been sent, I guess they'll write to me saying they agree or they don't?

 

I've calcualted I'm owed just over £500, which I'm surprised at really as I thought it would be a bigger amount.

 

Any advise would be gratefully received.

 

Thanks

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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I have read through the FAQ's etc but an confused. What figures do I put in the letter and do I include the 8% interest charge in the preliminary letter?

If you had read through the FAQs thoroughly or even browsed around the forums you would know the answer. Almost all of your posts on this site have contained questions which are answered in the FAQs.

 

Please understand that this could ultimately end up in court, so it is really important you read through the FAQs thoroughly to understand what exactly you need to do.

 

Furthermore, you need to start your own threads for your own questions.

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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OK, thanks for the info. I'm pretty new to all this forum stuff so ur advise is much appreciated!

 

Thanks

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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Hey, don't hijack my thread!! ;-)

 

Anyway, I spoke too soon - before I got the chance to file my claim I got home today to a letter from HSBC (Phil Beaumont) offering me £875 of the £1100 I'm owed...

 

Obviously I'm not going to take it but I'm guessing I need to send them a letter now stating that I don't accept it and will be pursuing the full amount. Is there a standard length of time to give them now before filing my claim on Moneyclaim?

 

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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Hey, don't hijack my thread!! ;-)

 

Anyway, I spoke too soon - before I got the chance to file my claim I got home today to a letter from HSBC (Phil Beaumont) offering me £875 of the £1100 I'm owed...

 

Obviously I'm not going to take it but I'm guessing I need to send them a letter now stating that I don't accept it and will be pursuing the full amount. Is there a standard length of time to give them now before filing my claim on Moneyclaim?

The day you first told them you'd take them to court if they didn't pay up. In the letter you write refusing the part payment you should put in there the date you will start the claim, giving them another chance to pay before court action.

 

Neil.

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Well I told them it would be Monday the 5th but getting their letter obviously delayed me a little bit.

 

I think I'll reply to them today stating that I don't accept but will be willing to accept the full amount as a goodwill gesture and avoid them having to pay interest! I'll say that if I don't hear from them within 7 days I'll assume they don't accept my offer and will begin proceedings. (Use their own words against them!)

 

Is it worth accepting their offer but not as full and final, and then making a claim only for the rest of the money? Or should I just refuse and make a claim for the full amount?

 

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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Is it worth accepting their offer but not as full and final, and then making a claim only for the rest of the money
Yes..that is the best response. Be short and to the point in your response. Good luck. :cool:

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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Thanks very much guys.

 

In fact at the bottom of the letter they've sent me there's a part for us to sign which says 'I/We accept the sum of £875.00 in full and final settlement of this matter against the bank.'

 

So what I'm going to do is sign and date this but cross out the "in full and final settlement of this matter against the bank" part, write instead "as part payment of this matter against the bank" and send this off recorded post along with a letter explaining that we accept their offer as part payment and will be pursuing the remainder if not refunded within 7 days from now.

 

The ********* have also whacked another £50 worth of charges on our account this month so that's another £50 to add to the total! (MOD - Language please!!)

 

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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Oops, sorry for the profanities!!

 

;-)

 

Here's what I'm writing to them today - any thoughts?

 

 

 

"Dear Mr Beaumont,

 

I refer to your letter of 1st June 2006 offering a figure in the sum of £875.00 in relation to the charges levied against our account.

 

We accept this offer as part payment in relation to this claim and would ask that the remaining £225.50 be refunded to the account in question within 7 days to avoid further action.

 

This remaining £225.50 is comprised of the remainder of the initial charges of £1050.50, plus £50 charges levied on our account on 29th May 2006 despite our request in our previous letter of 19th of May for these to be cancelled.

 

 

Yours sincerely,"

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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Sounds fine to me.

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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style="text-align: center;">  

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

 

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