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    • ok thank you.   please don't take the questions i am asking as a bit naff and p'haps could be viewed as pointless , but i am simply gathering what information might be needed when obviously more the knowledgeable members appear in the morning. more of an info gathering stage at present.   you indicate mediation, so my last question is how far 'in' are you regarding the court claim she has made, at what stage and have you appointed a solicitor yet as you indicate a worry about costs...i hope not as there might not be a need too,   you would gander your costs against the claimant, but is this a small claims county court claim? , in the family section or whatever its called?
    • Yes I am the executor and the estate has been settled.     She has made a statement with a solicitor and wants mediation.   But there is no basis for a claim as we have evidence that she wasn’t cohabiting, was living with another man as his ‘carer’ and was not dependent yet her solicitor still supports her claim against 1975 act.     Seems unfair, will we be allowed to claim our costs back for example?    we feel we are being dragged through litigation without any basis for it. 
    • sorry for your loss..it can be a difficult time this might be a wee bit outside of advice that can be effectively given on a forum.   what type of legal claim has been raised please? where in the probate etc process are things currently or has the estate of your late father already been settled ? i was guess you are an executor of the estate too? 
    • A girlfriend, she claims to be a dependent and to have been living with him. Both false claims. She has large properties in Thailand and london which she put in her sons name after my fathers death.      
    • hi you'll have to slightly expand on what is behind your query..   who's estate? who is this person in relation to the person who owns the estate and why do they think they have a claim?   dx  
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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
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    • 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
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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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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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