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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • FTMDave
      CEL PCN Claimform - Appealed - Red Lion Car Park, Wetherby LS22 6LR

      By FTMDave · Posted

      Daft question - but you filed the defence on-line on MCOL as dx indicated, right?
    • FTMDave
      CEL PCN Claimform - Appealed - Red Lion Car Park, Wetherby LS22 6LR

      By FTMDave · Posted

      We looked up the e-mail address so communications would be in writing.  If you do stuff on the phone the other party can just deny the contents of the conversation.  They can't deny what's written in an e-mail. So time to sort Pete out.  Check the following for accuracy and change anything I've got wrong.  Then e-mail Pete this evening.  I was thinking of threatening the pub with legal action but let's initially be nice.   Dear Pete, Re: PCN no.XXXXX, claim form no.XXXXX on 23 July 2022 I was a customer at your pub and I attach proof of purchase. I was picking up my cousin Ms XXXXX and her family as she was working as a cook with you at the time.  I entered the pub through the back door, went to the bar, and ordered a drink and a meal.  At no point did any bar staff alert me that I needed to add my registration number or did I see any signs advising me to do so.  I then took a seat outside in a small seated area so I could chat to my cousin while waiting for her to finish work.  We were joined by the management of the pub and bar staff during my time waiting  I was shocked a few days later when I received a demand for £100 from Civil Enforcement Ltd.  i contacted the pub and was told "don't worry, it's not enforceable". Well, that information turned out to be nonsense because I have now received a county court claim form from CEL. I contacted the pub again on XXXXX and was extremely disappointed to be told "there's nothing we can do". Of course there is something you can do.  You are the organ grinder.  You called CEL in.  You can call your dogs off.  Your pub has absolutely superb reviews on Google Maps regarding the way in which you treat guests.  Do you really think customers should be dragged to court?  I'm sure you don't. I am therefore requesting that you intervene and instruct CEL to cease court action. Yours, XXXXX
    • Nick
      CEL PCN Claimform - Appealed - Red Lion Car Park, Wetherby LS22 6LR

      By Nick · Posted

      Thank you - Defence has now been filed Doc_20240501_182920_Redacted.pdf
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      The US central bank has left interest rates unchanged again, noting a "lack of further progress" toward lowering inflation.View the full article
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      US holds interest rate steady and warns on inflation

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      The US central bank has left interest rates unchanged again, noting a "lack of further progress" toward lowering inflation.View the full article

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

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      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.

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      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HSBC Paid Up

paper_tiger3030

By paper_tiger3030
in HSBC Bank

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paper_tiger3030

paper_tiger3030

Posted
Posted

Hi. I wasn't going to post until the whole thing was over, and its over so quick!

 

HSBC helped themselves to some hundreds of pounds of my money in the past few months including six penalty charges in one month. After reading the advice here, I sent a letter before action asking for the whole lot back. After more than 14 days (but hey, I'm reasonable), got a letter back saying that they were confident they would win their case in court, but mindful of the irrecoverable legal costs that they would incur, and for these commercial reasons alone, would offer me "x" hundred pounds (less than the total) in full and final settlement. Bull****. Same day I issue proceedings through money claim online. Paid the fee WITH MY HSBC MAESTRO CARD. Total claim now "x" hundred plus my fee.

 

Acknowledgement of Service Arrives. As does letter from solicitors acting for HSBC which states that they are confident they would win their case in court, but mindful of the irrecoverable legal costs they would incur, and for these commercial reasons alone, are offering me the whole lot, plus my issuing fee. Would I sign the letter and keep the details confidential please. So, I've taken the money. I win hands down stage 2, and am mentioning no details here.

 

I have to say what is bizzare about this whole bank charges business is that it operates completely unlike any other business in the world. (With the exception of Direct Debits which are for expected and regular bills,) no other business would simply hand you a fee then help themselves to the money. At least you would get a bill or invoice which you could then dispute. Here, they just grab the cash and run. HSBC have even stopped issuing letters about charges and why. A simple TOTAL CHARGES sits on your bank statement, which is completely unclear what it is for. So they are even saving the price of the computer generated letter, paper, envelope, and second class postage.

 

If the end of all this bank charges litigation is that you have to pay a fee every month for your bank account, at least you are paying for a service. The fact that everyone would pay the same would be fair, rather than people who get into financial trouble coughing up the £3bn the banks make each year from penalty charges alone, furthering the divide between those who have money and those who do not. How did anyone come up with a system to pay for bank accounts en masse by taking money from those who have less of it?

 

Anyway, my case shows the banks DO NOT want this to go to court, and will pay up in full with a little pressure. Thanks to all the advice given here.

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Spiceskull

Spiceskull

Posted
Posted

Good result - well done. Obviously if one of the conditions of acceptance was that you keep it confidential, then you must stick to that (assuming you accepted). However, this does not mean you cannot discuss the issues in general, and your post gives hope to all of the rest of us HSBC victims.

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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Spiceskull

Spiceskull

Posted
Posted
So does that mean I shouldn't have posted here?
No - your post just about had the right balance, with this qualification:
I win hands down stage 2, and am mentioning no details here.

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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Spiceskull

Spiceskull

Posted
Posted

Sorry - forgot to mention. Could you fill in the survey, anonymously, at this link: http://www.consumeractiongroup.co.uk/survey.php

 

 

Thanks.

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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paper_tiger3030

paper_tiger3030

Posted
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Posted

Don't feel worried. The banks do not want this to go to court. Its easier to pay out "X" thousand than to finally have the whole £3bn business proved illegal over the last six years (£18bn!??? repaid??).

 

If it goes to court and...

If you win: you get your money back.

If you lose: they get the money they've already taken (so you won't miss it that much), plus whatever it took to issue the claim. Not a major sting.

 

Good luck, and let us know how it all goes.

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Spiceskull

Spiceskull

Posted
Posted
Don't feel worried. The banks do not want this to go to court. Its easier to pay out "X" thousand than to finally have the whole £3bn business proved illegal over the last six years (£18bn!??? repaid??).

 

If it goes to court and...

If you win: you get your money back.

If you lose: they get the money they've already taken (so you won't miss it that much), plus whatever it took to issue the claim. Not a major sting.

 

Good luck, and let us know how it all goes.

Sorry, I don't understand...this has not even entered my mind. 8)

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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paper_tiger3030

paper_tiger3030

Posted
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Posted
Sorry, I don't understand...this has not even entered my mind. 8)

Well, I've already had to make do WITH the bank helping itself to my money. Which means changing budgets, not buying things you need, putting the car off road until you can cover tax. That stuff, the bank has ALREADY done to me. That I'm getting it back now doesn't mean that the past can be undone. If I'd lost and they hadn't paid me, I'd be more or less in the same situation I am now. I.E. Its pretty hard for things to get worse.

 

Am I clear?

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Spiceskull

Spiceskull

Posted
Posted

Of course - and you are right, court fees aside you would not be any worse off than before. However, when you consider that the reason for our claims is 'unfair terms in contracts,' and the OFT has said as much already, I don't see how a bank could win by claiming the penalty charges were legal and fair...

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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ChelseaGirl

ChelseaGirl

Posted
Posted

Thanks for letting us know - was getting worried too!

 

Just keep watching the post now!

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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paper_tiger3030

paper_tiger3030

Posted
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Posted

I didn't want to post litigation in process thought I'd just post after resolving everything. And I've just started another one against Halifax. They shafted me up the gary about three years ago before I closed the account. Anyway, the events were:

 

*I didn't use DPA as had access to all my accounts online. However:

*Letter before action sent 4 April.

*Reply received offering partial refund 27 April (yes, longer than 14 days but I'm a reasonable chap).

*Moneyclaimonline issued proceedings 28 April (but I don't **** about).

*Full refund letter offer received 5 May, retuened same day, awaiting payment.

 

Just over a month.

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neilloffhagen

neilloffhagen

Posted
Posted
I didn't want to post litigation in process thought I'd just post after resolving everything. And I've just started another one against Halifax. They shafted me up the gary about three years ago before I closed the account. Anyway, the events were:

 

*I didn't use DPA as had access to all my accounts online. However:

*Letter before action sent 4 April.

*Reply received offering partial refund 27 April (yes, longer than 14 days but I'm a reasonable chap).

*Moneyclaimonline issued proceedings 28 April (but I don't **** about).

*Full refund letter offer received 5 May, retuened same day, awaiting payment.

 

Just over a month.

Did they not ask you to sign a confidentiality agreement? Is this again a random thing that some get and others don't?

 

Neil

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DJ Damo

DJ Damo

Posted
Posted

well done mate.

 

when they make me another pants offer, I lookin forward to issuing them with a court hearing and watching them squirm :)

Damo V HSBC - £981.50

Claim filed : 6th June

Claim Ref: 6QZ36353

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  • 3 months later...
paper_tiger3030

paper_tiger3030

Posted
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Posted

An addendum to the thread. The money I got back did not get me out of financial trouble. I am self employed and some of my clients take ages to pay me, so my pay is neither regular, nor reliable, although when it comes its a lot. I discussed my overdraft requirements with them and they gave me a limit lower than what I asked for. Hence I went over the limit. HSBC since helped themselves to a further £200 from my account. I sent a letter explaining the details to them about how I work, and that I've previously taken them to court, and they did not want to defend, and I really don't want to go court again, but if they insist then I will. My complaint was responded to with a straight stage 3 letter saying they will pay back the lot, while assuring me that their T&C's were fair, blah blah. So I win again. Wonder if next month will bring me more charges...?

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angela1606

angela1606

Posted
Posted

i would accept as part settlement and tell them you are then claiming for the rest paper i hope you have another account ready as from what ive seen if you do more than 1 claim on same account they will and i quote them (make a commercial desicion) and close the account down

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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