Jump to content


  • Tweets

  • Posts

    • whitelist - the same with mine....the battery had a mind of its own. i bought it for my Son...he'd shut it down and it would be completely off but the power light would either stay on or flash...also it wouldnt start properly, had cmos errors on boot and other stuff.   i bought it through HP store on ebay ..brand new. after 6 days of receipt i recieced an email from HP asking if i was happy...i returned an email saying no and that i want to send it back as it was faulty (basically the email served as a reminder for me to leave them good feedback lol...not as a geniune enquiry to actually make sure i was happy with as they didnt reolve the issue when i was not) after trying to sort it for a couple of months with HP not replying, not offering a solution etc i finally got passed tech support who confirmed it was faulty. i then had to return it to their factory. this is where its gets beyond worse...waited 3 times for parcelforce to collect - they didnt. in the end HP sent me a label which i had to take to the post office - not good as im disabled with a mobility disability. then they asked for my bank account number to issue the refund. they hardly ever replied to my emails and it took over a month and a half to refund me once they had received the laptop back. no explanation, no progress emails, no updates. i kept emailing them on a daily basis as no one would reply to my emails through the website, forum, internal email addresses and even phoned 3 different departments who basically had no idea what to do or what was going on and did not help...they couldnt even tell me when the refund would be issued, let alone why it hadnt been done already. on the forums theres other customers who've had to wait 6 weeks , 2 months , over 2 months etc...it seems as though HP like to with hold peoples money to earn interest on the money in their account. i spents days phoning and emailing them - even sent a recorded letter. at the begining i phoned citizens advice and they said i am entitled to put back into the same financial position as before i lost the out of pocket expenses ie: compensation for my time and recorded letter sent etc. ive started a martin lewis 'resolver' case with them and basically in a snotty reply they told me im not entitled to compensation which is contradictory to what citizens advice told me. i was just wondering if theres any .gov website or law/legislation that i could reply with and say "no your wrong - please compensate me"
    • LBC is here. Complete with a note showing a phantom payment. What to do next?
    • I suppose it doesn't make a massive amount of difference as Kev has never had the guts to do court - well at least not yet - but to me the number of cards played still needs to be reduced.  Given the OP has already referred to the "very busy and overflowing car park" in the appeal I'd refer to that and tell Kev to go and look up case no.3JD08399.
    • thanks ftmdave again for the help with letter. thanks lookinforinfo for the info, im glad i found this forum as its a great comfort and relief to know ive dont the right thing as i wasnt too sure at first. and good to know what excel are really like.   thanks guys.
    • Hello!  First timer on here, discovered this amazing site and threads on debt issues only yesterday. After never having a bad debt in my life, almost 2.5 years ago I was scammed by my now-ex partner who calculatingly manipulated me into taking out a bounceback loan, 2 personal loans and a credit card.  He took all the money via ruthless deception, every penny, as well as the car (bought with unsecured personal loan) and all my furniture, personal belongings and even most of my clothes as well.  I'd packed up my life to move to another part of the country with him, only to discover he'd scammed me and been clever about it, so he directed the removal truck to a location unknown to me (never saw my stuff again!), and car is registered into someone else's name.  All this happened abroad.  I have won a criminal case against him abroad and he has been given a custodial sentence (which he is appealing while on bail), but it is difficult to get financial reparation so I am left with over £40k of debt to my name in the UK.    I am in my mid-50s, and have no assets whatsoever, I still live abroad (renting) and cannot afford to return to live in the UK due to the debts and decreasing income. It's been devastating and I've been struggling enormously since it happened (Jan 2022).  I have been suicidal at times. I was making combined loan/cc payments of £1300 monthly for over two years, but I'm self-employed (sole trader) and my UK-based small business has suffered 70% loss of income since Oct 2023 due to changes affecting government funding for the market I provide services to.  My income is commission-based, and has reduced to an average of £1200 per month. As I currently live abroad (outside EEU), I am not resident in the UK for tax purposes and haven't been for more than 3 years (my work is done remotely outside the UK, even though my clients are in the UK and payment is received into my UK bank account).  That means I am not entitled to an IVA or bankruptcy options.  My only option in terms of a debt repayment solution is a DMP. I maintain a UK correspondence address (my mother's home) and use this for my bank account, loans, credit cards etc.  I have only informed HSBC (bank acc) and one loan company that I moved abroad and that the UK address is only a correspondence address (been scared of potential consequences of informing them, even though I don't know what they could be or if there would be any). My worst fear is being taken to court, bankruptcy, etc, and my bank account and income being controlled and all surplus income above basic needs being taken etc, when I literally have almost nothing in life at this stage and desperately want to try to rebuild my life somehow and have some normality again.  Perhaps even move back to the UK if I can afford to. I've contacted all my creditors except cc (it's an HSBC card so am concerned it would affect my bank account with them.  I also bank abroad with HSBC and have global-linked accounts with them).  All interest has been stopped on my loans since April (period of 4 months on two loans, 6 months on bounceback loan with Pay As You Grow option agreed).  Continued so far to pay at least minimum payment on HSBC credit card.  I spoke to PayPlan yesterday and they've worked out a DMP paying £289.50 per month for 11 yrs 7 months, with annual reviews - not signed up to it yet, and concerned about customer reviews I've read about them demanding double payments a year or so down the line and not making payments to the creditors for long periods, etc.  Frightens the life out of me trusting them with the limited money I have - I don't want to go out of the frying pan into the fire in terms of stress that could last years, going by some of the horror story reviews. Considering the DIY DMP option, dealing directly with my creditors myself.  But not even sure going down the DMP route is the best option.  What do I gain from doing that? Sounds like I will still end up with an arrears or even a default record on my credit file even with a DMP, and I will be paying money I really need to help me get my life back on track, especially as I don't even have a full state pension entitlement - would be better used to pay missing years into that, surely, if I do have some surplus?  Either way, with or without a DMP, I won't be able to borrow so how would a bad credit score affect me anyway?  Seems like it could be best to allow them to go to default in the hope that it can all be SB-ed after 6 years. At this early stage, I know I will benefit from advice here about what route to go down and pros & cons/risks etc of: a) DMP with PayPlan b) DIY DMP c) Going down the default route in hope of debts being sold to DCA and not paying anything further with result that it is all SB-ed after 6 years. Struggling to pay off the loans for the next 11 years @ £289.50 seems daunting and such a long time, when I really need every penny to restart my life, regain some dignity, restore my mental health etc... I hope someone here help me make the right decision at this point, before I've committed to anything or have paid lots of money for years with little dent into the loans.... Details : HSBC Bounceback Loan (unsecured):  taken Dec 2021, original amount £9000, 2.5%.  Currently owe £4950.  Monthly payment:  £159.  Not missed any payments, but agreed PAYG option in April - full holiday for 6 mths, restart payments at £73.00 in October, term extended to 2030. TSB personal Loan (unsecured) - taken Aug 2021, original amount £23,000, 9.2%.  Monthly payment £475.  Currently owe £14,550.  Missed 2 payments. Interest stopped since April, no payments offered or made.  Situation to be reviewed prior to default - which will be after 4 missed payments). Sainsburys personal Loan (unsecured) - taken Jan 2022, original amount £25,000, 8.6%.  Monthly payment £514.  Currently owe £14000.  Missed 2 payments.  Interest stopped since April, made 1 payment of £50.00 on 7 May (offered to pay £50/month until situation reviewed prior to default - which will be after 4 missed payments). HSBC credit card APR 18.9% - £6900 currently owing, continuing to pay at least minimum payment (£180/month), not contacted them so far. Applied for Starling bank account, as advised by PayPlan to have a separate a/c from my HSBC one as they would have the right to take money from my account to pay off my HSBC cc debt if I stopped paying that. Sorry this is so long and a big thank you for reading down to the end!  I hope the detail helps with advising me on best course of action and possible/likely consequences.      
  • 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

Mairi v Bos (Round 3)


Mairi
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6356 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

Hi

 

I'm in almost same boat - just received ist settlement after small claim - owed approx £5k, but decided just to keep on with the small claims - next one in day or so.

 

Good luck with your Summary Cause - let us know how you get. not that you need luck

 

C

Lloyds TSB £395 Decree awarded against TSB

HBOS £750 setted in full

IF £750 Small Claim filed 26/10 - won unconditionally

Barclaycard £110 + Data Protection Act Non compliance Information Commissioners Office complaint. Small Claim filed 12/10 - Won unconditionally

HBOS2 £750 small claim settled in full

MSDW £115 Settled- accepted Full amount unconditionally

HBOS3 £750 Settled in full

HBOS4 £750 Small claim filed for return 15/1/07 No defence filed Decree issued by court

Clydesdale Bank Credit Card £496 small Claim filed 25/10 Court hearing 19/1/07 - continued for 2 weeks

Mrs Claimital's M&S Card £60 LBA sent 12.10 - Full refund & interest accepted by Mrs Claimitall

Link to post
Share on other sites

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi folks,

Round 2. Summary cause filed today. the waiting begins again.

 

I was hoping one of the Mods could please change title of my thread?

 

I know us Scots are having problems with the judicial interest thing so i asked the clerk to check Section 4 of the claim for me. Luckily i had printed out 2 slightly different copies of form1 and 1b, i explained about bos paying interest of 8% on some claims and not on others and he checked both copies for me.

 

One had claim of charges £1491 + fees +£214 in interest on charges from the date of first fee.

 

Second had claim of £1491 + fees + judicial interest at the rate of 8% from the date of service.

 

He said to go with the second as the first statement of claim would take me out of summ cause and into "ordinary action".

 

I also asked what law applies to the interest and he said it was in the rules of the summ cause, but it only comes into effect AFTER the return date has passed and the sheriff has been involved as it is the Sheriff that would demand they pay the judicial interest. And as most are settling before the return date then you would have to decide if it was worth carrying on with claim until the court date arrives and see if the judge would grant you the judicial interest.

I hope this makes sense and it makes things a little clearer.

Mairi

Link to post
Share on other sites

Well good luck with it. I'm still waiting an answer from BOS from my summons. Once i have this I'll do the same as you and give them 7 further days. Canm't make up my mind whether to go small claims or summary cause! Guess I'll wait and see how you get on Mairi!! Good luck anyway!!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

Link to post
Share on other sites

Received my Cag tshirt yesterday,so i just HAD to go to the bank today.Got it here..

 

Consumer Action Group : CafePress.com

 

It was such a giggle.

There were loads of furtive glances, dirty looks and averting of eyes.

I was looking in my bag, and when i looked up 3 tellers were obviously reading the print, all 3 looked away very quickly.LOL.

Then half way through the town center there was a HSBC stand set up, just in front of a Barclaycard stand. I was soooo popular.

My 11 year old thought it was hysterical.

Maybe though there may be some new members, as i was accosted in the chippy, the chemist and the £ shop, with people asking "Did it work?"

Washed it as soon as i came home so i can go "shopping" again tomorrow.

Mairi

Link to post
Share on other sites

Good Luck Mairi! :) I have just sent away my first letter of approach and my charges come to £765. With interest this comes to over £950. (Damn, just noticed I didn't save spreadsheet. I will have to type it all in again)

 

Thinking about doing Summary Cause myself and will be interested to see how your case pans out.

 

Once again, well done on so far, and good luck.

 

PS just re-did my spreadsheet and made a mistake in original. underestimated by £18. So claim now comes to £783. With interest, this comes to £1013. Will definately be doing Summary Cause as £263 is a lot to give up.

Data Protection Request sent 08/08/06: 1st Letter of Approach sent 31/08/06 claiming £783

LBA sent 15/09/06 their letter crossed in the post.

Lost letter (despite it being recorded delivery)

Phone call made Tuesday 10/10/06: Fax sent (copy LBA) 11/10/06

Offer arrived 14/10/06 £480 (No way)

Link to post
Share on other sites

Thanks for the replies folks,

Just received my papers back from the court today, ready to be served by sheriff officer.

This time George Walker will be working for me he he he, rather than chasing me for council tax.

Return date 19/10/06 (a lot quicker than last time).

mairi

Link to post
Share on other sites

Good to know you got 8% interest as Halifax are trying to get out of paying me this. Get the feeling HBOS will try the same with my BoS claim.

 

At least I have ammunition now I know they do pay out sometimes!

 

Good luck with your other claims

Halifax: £478 (+ interest & cost) reimbursed

 

Halifax Visa: £370 - 1/2 back so far

 

Bank of Scotland: £802 (+ interest & costs) court ordered to pay (BoS failed to respond)

Link to post
Share on other sites

Hi Ekelsey

Only got the 8% on my claim. Havn't got it yet on my OH's claim, we wrote to them then he phoned and girl said it would be paid as someone was looking into it, we will see, they have another 2 weeks to sort it. He's pretty determined and he may take it to the judge and let him decide:shock:

Link to post
Share on other sites

  • 3 weeks later...

update Mr Mairi v BoS

My OH was determined to get his 8% interest so he didn't cancel court procedings. He sent 1 letter to BOS and called 3 times to find out what was happening. Return date was 14/9/06, Prelim Hearing date 21/9/06 received a letter Sat morning dated 15/9/06.

 

"i refer to recent contact which related to the interest on Sm Cl 123/45. I have today arranged to credit your account with £146.38."

 

Sooooo, when i visited the court this morning with letter to dismiss his first sm cl, I just HAD to hand in claim No2.LOL

Mairi

Link to post
Share on other sites

Received loads of mail this morning,

1 from Gerge Walker saying my summons had been served on BoS,

1 to Mairi from BoS saying "without admission blah blah here's your money (with interest),

and a third for Mr Mairi saying "without admission blah blah here's your money (with interest). i only handed this in on Monday, he got his court dates yesterday and settled today. Superfast...

I just love it when the postman comes these days.LOL.

Link to post
Share on other sites

Congratulaions Mairi on your win.

I am heading the same way with 2 claims against RBS in Scotland. Great to know this works.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

Link to post
Share on other sites

Is this thread now settled then? Can we change the title??

..

.

 

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.

 

 

Link to post
Share on other sites

hey jonni2bad

Bos owed me £5K. I have still £2700 to reclaim but cause i have to keep breaking claims down to either under £750 or £1500, it will be a while yet before FULL amount has been refunded. You could rename it Round 3,LOL.

mairi

Link to post
Share on other sites

Hi, Mairi

 

Congrats! Reading this thread has given me some hope, as I'm just about to try to find out how much my charges amount to (a lot, I think), and to try to reclaim them.

 

I'm still ploughing through info. on this site, so forgive me if this has been answered elsewhere ... but why round 1, round 2, round 3? Is it because you accepted an initial amount and then decided to chase them for the rest afterwards? Or is it for charges on different accounts?

Link to post
Share on other sites

hi catalinacat

cause im in scotland i have to break down my claims to either under £750 for small claim or £1500 for summ cause. Bos owe me £5000, and so far ive clawed back £2250. So i still have to do another 2 summ cause actions so that i get ALL my money back. printing out my 2nd summ cause now hence round 3.

good luck with your claim

mairi

Link to post
Share on other sites

  • 2 weeks later...

Was at Sheriff Officers today to serve my (claim no3) summons on bank, came home to find a letter for Mr Mairi, "without admission of liability blah blah blah..... money will be in your account in 5 working days"

No 3 done for Mr Mairi.

Link to post
Share on other sites

Hi Mairi, after success with my first small claim, i handed in a summary cause action to the court last wednesday, any idea how long they take to get back to you with the return date etc? i thought i'd have heard from them by now, also, how did you go about finding a sheriff officer? did you just look up the yellow pages or something?? it's always good to hear from someone who's been there and done it ;-)

Link to post
Share on other sites

hi stevokenevo, you should get your papers in the next 2-3 days. Sheriff Officers in the thompsons/yellow pages. George Walker's has an office in Hamilton,(found on their website) on the corner of the retail park entrance, big old house (next to McD drive in) not too far from the court.

Well Done and Congratulations on your win.

mairi

Link to post
Share on other sites

  • 3 weeks later...

A strange donation was made to my account today... :grin: Funnily enough, it equals the exact amount of ..Mairi, 2nd Summary Cause action "V" BOS. :rolleyes:

Am filing last claim sometime this week, along with no2 for 'my mate' "V" Halifax...

There doesn't seem to be that much wrong with the Scottish Legal system when it comes to taking on HBOS with multiple claims.:lol:

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6356 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...