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    • none of their ruddy business! and if they have been pressuring you in o borrowing from friends and family .. THAT IS WRONG AND AGAINST THE REGULATIONS...if you have that in B&W you need to REPORT THEM. once a debt is defaulted and it gone from your file it can never come back. not without a fight in court you won't. i think you are getting confused here , just because you've been paying 'creditors' via and IVA it does NOT mean the debt can re-appear on your file, and it does not mean you are more likely to get more CCJ attempts. statute barring is 6yrs from a debts last payment, but that can't change anything on your credit file. i really wish you hadn't sent that letter. please dont do anything more now unless you check with us first..no calls, in/out. no emails in/out no letters in/out....thats if you want our help.... NONE OF THEIR BUSINESS STOP GROVELLING to them. could have been worded alot better and more forcefully. dx    
    • Well that will lead to more backdoor CCJs. I think you need to complain to all and sundry.  Let's start with the BPA.  The BPA are PE's mates, so they will never decide that PE have done anything wrong.  But that's not the point, correspondence between the two may lead to PE promising to write to the Scottish address, which is all you want.  Check the below for accuracy as methinks you have sent more correspondence that what I've quoted.  How about something like - Dear BPA, Re : Parkingeye Ltd PCN no.XXXXX, Claim no.XXXXX PCN no.XXXXX I am writing to complain about your above-mentioned member. I understand of course that you cannot enter into the merits of why a PCN was issued. The reason for my complaint is that, instead of writing to me at my address at XXXXX, Scotland, your member insists in writing to me at XXXXX, England, which is an address which I have never lived at.  I have always resided at the Scottish address.  The address registered with the DVLA for the vehicle is my Scottish address. I first because aware of this mess when the person who lives at the English address kindly contacted me, to tell me that a County Court Judgement for me had arrived at that address.  I requested that Parking Eye agree to a set aside by consent.  However, they refused.  I ended up paying £XXX despite having had no chance to defend myself. Regardng the second PCN, I attach correspondence dated XX February and XX March.  The latter was a complaint - which your operator has completely ignored.  Even worse, they have instructed debt collecting agencies twice to write to the English address.  On top of this, the person at the English address is moving out next week which means I am in danger a second time of losing a court case by default. I would therefore like to complain about your operator and would request that you instruct them to do what should be a simple thing - to write to me at my correct address. Yours, XXXXX
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HSBC Paid Up


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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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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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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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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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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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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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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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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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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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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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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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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...

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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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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