Jump to content


  • Tweets

  • Posts

    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • So this is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
    • Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.
  • 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

mlloyd Vs HSBC


mlloyd
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6230 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

Latest letter...

 

Thank you for your letter dated 08/03/07. I respectfully decline your offer of £****** as settlement of my claim.

 

My claim is for £******* as outlined in my Particulars of Claim, plus court costs now of £220 (£120 MCOL and £100 County Court), and this claim will continue until payment is made in full.

 

In regards to your calculation that certain portions of my claim fall outside of the 6 year time limit, my initial correspondence with your client as I’m sure you’re aware began within this time limit. Letter’s will be provided to the court as example of contact in May 2006.

Please be aware a further two charges have been made on my account since beginning legal action. This only serves to fuel my determination!

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

-----------

I need to phone the court tomorrow and see if they have completed their AQ form.

Link to post
Share on other sites

17 april?

 

give them another few days to respond to the 13 mar letter -

they've offered - you rejected - give them a chance to offer again.

 

 

if you've heard nothing by next tuesday - that would be 2 weeks - i would think you are ready for the nudging letter in post one of this thread:When you have filed your AQ................(1

 

whether you decide to offer to take a little less than your original full amount is up to you - but as they've offered once, you can assume that about 4k is on the table. you want what, nearer 5k - so what say you offer to take 4800 - it might move things along - assuming you'd be happy with 4800

but give the last letter a chance first.

Link to post
Share on other sites

mat before you send any more letters or you phone them can you let us know what you plan on doing first on this thread and wait for a reply .Just you seem to of jumped the gun a bit in the past but because you had already sent the letter / phoned it was to late to advise you .

 

Everything is fine , nothing to panic about just we wouldn't want to see you making any mistakes at this stage :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

mat before you send any more letters or you phone them can you let us know what you plan on doing first on this thread and wait for a reply.

 

Recieved a responce offering me £4299, but I'm not happy I want to hold out for the lot. I was about to write a responce when BankFodder got intouch, says he's going to help me out this weekend, will keep you informed.

 

Thanks for being concerned...it's nice.

Link to post
Share on other sites

17 april?

 

give them another few days to respond to the 13 mar letter -

they've offered - you rejected - give them a chance to offer again.

 

 

if you've heard nothing by next tuesday - that would be 2 weeks - i would think you are ready for the nudging letter in post one of this thread:When you have filed your AQ................(1

 

whether you decide to offer to take a little less than your original full amount is up to you - but as they've offered once, you can assume that about 4k is on the table. you want what, nearer 5k - so what say you offer to take 4800 - it might move things along - assuming you'd be happy with 4800

but give the last letter a chance first.

 

Think BankFodder is currently tied up. Lateralus do you think I should send them a copy of your nudging letter? Any rounding would now be the 5k mark due to court costs, I'm not prepared to go lower.

 

I know I'm an eager beaver I just want to get it sorted ASAP.

Link to post
Share on other sites

yes, ok, i don't see any harm in trying to resolve it this way.

did you send a rejection of that previous offer.

why don't you get one ready and post it here for us to check it out.

don't hold those two charges up to them - they were well after the filing, right? and as such are not included - you could however use them to start another claim when you are ready OR use them as a sort of leverage when they make a better offer. but don't just add them on. i'd lay out in the letter a little equation charges claimed for in the mcol: + 8% interest +court filing fee + aq filing fee = total: xxxx.xx just to make your position crystal clear. so, work that into the nudging letter and post it here (with details xxxx'd out) and let's see it before you send. ok?

Link to post
Share on other sites

OK ok update on state of play.

 

I have not yet sent rejection letter to last offer of £4,299.36 an extra £150 since I pointed out that further charges have been added to my account.

 

Judge stayed the claim till the 12th April 'to enable parties to attempt settlement', stating on or before the 24th April I must notify the court that the claim is settled, or write asking for an extension, or both parties must file a completed allocation questionaire.

 

So heres my next letter, I haven't sent it yet, as requested I'm posting it so you can check it out:

 

 

Thank you for your letter dated 21/03/07. I respectfully decline your offer of £4,299.36.

 

My claim is for £4xxxxx as outlined in the particulars of my claim plus Money Claim Online fees of £120 and Allocation Questionaire filling fee of £100. In total this now amounts to £5xxxxx.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxxxx.

 

I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their intervention. This case is stayed until the 12th of April, please be aware as advised, if your reply is unsatisfactory I will be informing the courts that I would like to progress to the next step.

 

I look forward to hearing from you.

 

Sincerely,

So what do you think? Would like to get this sent and moving.

Link to post
Share on other sites

letter looks fine - only thing i'd add is - did dg put any reason for not paying something - like over 6 years, or overdraft interest or some reason for offering that amount? if so, you might do well to address the reason specifically - like you disagree with their interpretation of the 6 year limit as your charges are within six years of your first notifying them or whatever - see what i mean - if they've not given any reasons for offering low - then send it like that.

Link to post
Share on other sites

Ok letter faxed and mailed this morning. Should DG come back to me without a satisfactory responce, what action should I take. I'm not happy with anything lower than I indicated a final letter saying "see you in court" probably isn't a good idea?

 

Should I send them a letter stating, thanks for the offer however I'd rather resolve this now, in court?

 

Would like to get the letter prepared as the courts are expecting corespondence before the 24th.

Link to post
Share on other sites

Hi Mat,

 

Can you help me? Did you complete the AQ? Were you sent it by the court and did you get help filling it in.

 

Barry

 

Hello Barry,

 

I was sent the AQ form by the courts and filled it out using the information here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Stay positive Barry, you will get your money back!

Link to post
Share on other sites

Received unsatisfactory reply from DG Solicitors in which they continue their last poor offer. There latest correspondence states:

 

“Your latest correspondence is repetitive in the sense that you continue to state that initial correspondence with our client began within the time period and that you will be perusing the full amount. We have confirmed to you that the date to note in respect of the Limitation Act of 1980 is the date of commencement of the claim. Once again we ask you to confirm the legislation upon which you intend to rely on in this regard.”

 

“you continue to fail to address the point of overdraft interest applied to your account. Our client will not make a refund to you in this regard. It has been communicated to you previously it is a basic condition of you borrowing monies from our client” and “you have failed to confirm the legal basis of your claim in this regard and we therefore request that you confirm the legislation you intend to rely upon in this respect.”

 

As before the Judge stayed the claim till the 12th April 'to enable parties to attempt settlement', stating on or before the 24th April I must notify the court that the claim is settled, or write asking for an extension, or both parties must file a completed allocation questionnaire.

 

I now feel I have gone as far as is possible with DG Solicitors and am prepared for it to go to court. Whilst I understand this is not the best course of action I really am not happy with the offer on the table. I do however feel I should write them a letter informing them that I’m unhappy with how they have dealt with me and ‘I’ll see you in court’!!!!!!

 

HELP, I really am at the end of my tether!

 

POSSIBLE REPLY:

 

Thank you for your letter dated 16/04/07. I respectfully decline your offer of £_______.

 

My claim is for £_______ as outlined in the particulars of my claim plus Money Claim Online fees of £120 and Allocation Questionnaire filling fee of £100. In total this now amounts to £_______.

 

In regards to your calculation that certain portions of my claim fall outside of the 6 year time limit:

 

Your client I’m sure has been well aware of the highly publicised ‘charges campaign’ and also the OFT report highlighting the law and the bank's obligations.

 

By your client continuing their charges regime after the date of the first OFT report has been concealing its charges regime and therefore has lost the protection of the Limitation Act.

 

I do not believe that the Limitation Act offers any long-stop mechanism so that if you concealed the facts one year ago then you do not merely accrue an additional year of liability. I think that a single instance of concealment invokes s.32 and the limitation barrier falls away completely.

 

I have sent the nessecary papers to the courts and am preparing my case against your client.

Link to post
Share on other sites

without going back and rereading your thread - do you have some charges from before mar.01 - would you be prepared to loose them - for the sake of a resolution? up to you......

also, did you include this sentence anywhere in your correspondence - if not and you are claiming overdraft interest - repeat it to them:

 

I understand you have a policy rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim again, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

As for the charges outside their time limit (which i agree is arbitrary but you'll have to ask bong or crusher how to defend them). why not try a swap - if they'll pay those two they have put on since you claimed - you'll loose the ones from before the six years (dating from when you filed - rather than initial contact..... might be time for a little compromise.

Link to post
Share on other sites

 

As for the charges outside their time limit (which i agree is arbitrary but you'll have to ask bong or crusher how to defend them). why not try a swap - if they'll pay those two they have put on since you claimed - you'll loose the ones from before the six years (dating from when you filed - rather than initial contact..... might be time for a little compromise.

 

Sent further letter this afternoon and included your extra little bit. Whilst I agree maybe a compromise is in order I also wonder, why should I. I have come up against nothing but contempt from my bank and their solicitors. If they came back to me with an offer I thought was good and not a pathertic attempt to fob me off then I would. However nothing yet.

 

Fingers crossed. And thanks for your help lateralus much much appreciated.

Link to post
Share on other sites

  • 2 weeks later...

yes, i think a follow up - is it worth ringing the court to see if there is anything different - or is it just a court date whenever - if you don't think anything is different with the court - then go ahead and write a follow up letter - maybe send a copy of your rejection letter to their offer and a politely worded (even if you don't feel it) cover note - saying - that you haven't heard from them regarding your letter - would they be so kind as to respond. or whatever - but keep a cool head - don't make them angry - just make them get the damn file out of wherever it is. a little - i know you are busy,, but... stuff.

yes, i'd send them a letter, with a breakdown and a copy of your last big letter.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...