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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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multi_media VS HSBC


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Well it's been a long old haul.

 

Initial claim £852.37

 

HSBC have offered £713.40

 

They say that this is because:

"Your account fees are for holding a Bank Account Plus, a service for which you have agreed to pay a monthly fee with associated benefits. We have therefore deducted £72.65 from your claim."

 

Of course I am going to tell them it's not good enough and that I will take the claim to the local CC.

 

PS

 

Marc - if you want the audio from the LBC interview, I still have it - but no longer work there.

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Initial claim £852.37

 

HSBC have offered £713.40

 

They say that this is because:

 

"Your account fees are for holding a Bank Account Plus, a service for which you have agreed to pay a monthly fee with associated benefits. We have therefore deducted £72.65 from your claim."

 

Of course I am going to tell them it's not good enough and that I will take the claim to the local CC.

 

 

You didn't sign up for the bank account plus service did you? As in my understanding, if you did, this is for a service, and you can't claim this back. Unless of course, they've added this on without your knowledge. Then get em!!

Dani

 

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  • 1 month later...

As an update - and for advice really.

 

HSBC filed a defence for the claim. I have received the court questionnaire and also a letter from HSBC's solicitors asking for a full breakdown of the claim.

 

It seems like stalling to me. Especially as HSBC would have full records of my claim and breakdown of figures etc.

 

Has anyone else come across the same scenario and if so, what has the outcome been?

 

Ta. :)

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DG (HSBC solicitors) often ask for a breakdown of charges it happens to a lot of people. Just send a copy in the post. It is a tactic for stalling but won't slow things up if you send another copy. Have you seen the threads on how to fill in your allocation questionaire AQ?

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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As an update - and for advice really.

 

HSBC filed a defence for the claim. I have received the court questionnaire and also a letter from HSBC's solicitors asking for a full breakdown of the claim.

 

It seems like stalling to me. Especially as HSBC would have full records of my claim and breakdown of figures etc.

 

Has anyone else come across the same scenario and if so, what has the outcome been?

 

Ta. :)

 

the way i see it, once dg solicitors are asking for your breakdown, they are about to offer - so hang in there - get it in the post sharpish!!

If i've been helpful in any way....then tip my scales over there!

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Reading the threads I’m pretty sure DG don’t actually receive anything from HSBC, they work purely from what we and the courts send them. To do anything, most importantly make an offer, they need to see exactly what you are claiming for so your schedule of charges should be sent to them.

Time scales are tricky at the moment, the courts appear to be granting extensions to the deadline dates for DG because of the volume of claims and there are threads that are saying the some of the County Courts are having the same problems too. (Check Themadcap).

pete

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Reading the threads I’m pretty sure DG don’t actually receive anything from HSBC, they work purely from what we and the courts send them. To do anything, most importantly make an offer, they need to see exactly what you are claiming for so your schedule of charges should be sent to them.

 

Time scales are tricky at the moment, the courts appear to be granting extensions to the deadline dates for DG because of the volume of claims and there are threads that are saying the some of the County Courts are having the same problems too. (Check Themadcap).

 

pete

 

Thanks all.

 

Will send over my Q&A asap and keep you updated.

 

:-D

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don't miss the allocation question deadline - that is a court deadline and if you miss it - your case can be thrown out - of course if dg miss it - they get an extra week or two. unfair? you bet. but don't miss the deadline.

 

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

 

on, the other front - of this two pronged thing - have you sent dg a breakdown of your charges - it is advisable to do that, as they always ask for one before they offer anything - so it saves a couple of days.

and unless your claim is for under 1500 and wouldn't incur the filing fee of 100, i suggest leaving it until the aq is nearly due before filing it - as dg have been coming in with offers just before the due date in several cases.

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Thanks very much Laterlaus.

 

So just to get this right.

 

Send a copy of the AQ, plus additional information (taken from post #2) and the Draft order for Directions (taken from post #3) to the County Court.

 

Then send copies of the above, plus a full breakdown of charges to DG Solicitors.

 

The aim of this is to speed up the process and add more 'weight' to the claim - forcing them to settle or not file send in their copy of the AQ.

 

Thanks

 

M_ M 8)

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yes, but even before the aq is due.

send dg a copy of your breakdown now - tomorrow latest - they often ask for this when they are getting ready to deal with your claim.

just send it - with a note saying - please find a copy of my schedule of charges as per your request.

 

no more, no less.

 

then in about 3 days - ring dg - just to see if they have been received.

 

on the aq side of things - just as you said above - but do this other one separately asap. then send the other batch of things - in a few more days - whenever you decide to file the aq - don't miss the deadline.

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