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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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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.

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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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My 6+ Year Claim Against HSBC


Spiceskull
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Of course not 0 but putting 1998 in brackets always seems to do that...I know it's the smiley code, and that I could separate the 8 from the bracket...but hey...you complaining? ( 8 :cool: 8 )
heh heh, I knew that...:D

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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For instance, up at the top of the unauthorised overdraft rate table are Yorkshire Bank at 31.37 per cent, Co-op at 32.92 per cent and Clydesdale with a whopping 33.51 per cent. Even the big names like to sting you if you forget to ask for that extra overdraft. Barclays charges 27.5 per cent, Lloyds TSB 29.8 per cent and Royal Bank of Scotland 29.84 per cent. Those are frighteningly chunky numbers The better unauthorised rates (if, indeed, they can be called “better”) come from HSBC at 14.8 per cent and NatWest at 17.81 per cent.

 

Best I can find

 

JD

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Hi Jimmy,

 

Thanks for that - I think, though, that your source has got the figure wrong for HSBC - 14.8% is the authorised rate, unless of course they apply the rate across the board. Still, it's a starting point...:rolleyes:

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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14.8% is the authorised rate, unless of course they apply the rate across the board. Still, it's a starting point...:rolleyes:

 

I'm pretty sure, that 14.8% is for both authorised and unauthorised. You of course get the penalty charge 'overdraft review fee' if you go over the limit, so they still make their money. I'm sure a nice chap(ess) at HSBC will be able to let you know the definitive answer.

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Okey dokey - it seems that the consensus is that the rate applies to both authorised and unauthorised, so will make my calculations based on that figure...thanks guys. :p

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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DPA request delivered this morning by recorded delivery - confirmed on Royal Mail Track and Trace...

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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  • 2 weeks later...

Very quick update: I was not intending to proceed with this claim until my parachute account had been opened. Clearly HSBC would see this claim as aggressively provocative, and would be likely to close my account.

 

However, proving my identity for openeing a new account is proving problematic. I appreciate the money laundering regs, but this is starting to become a joke.

 

Anyway, the update. Further to my DPA request, going back to 1982, this morning I received a response. As expected, they do not hold data going back further than six years. Furthermore, if they did, it would be held in a storage system not covered by the DPA. The same applies to my original contract.

 

Further guff about Ts&Cs, and how I have been updated periodically, but at the end of the day, the contract I signed with the bank is what counts. I have never signed updated Ts&Cs, and it cannot, therefore, be assumed that I agree with them, or even that I have received them...

 

Now the juicy bit, and this will be scanned for posterity:

Following a review of your account we have made a commercial decision to withdraw banking facilities. Blah...blah...clause 12.4 in our Ts&Cs. You have 30 days notice that we will be closing your current account...blah...blah. Despite not being willing to extend banking facilities beyond this date, we wish you well in your future endeavours.
Right...this is WAR!!!

 

They are not wriggling out of this, so I will be drafting a reply, and bringing forward my LBA. In a nutshell...

Notwithstanding your decision to close my account, and considering your response to my DPA request, I will be pursuing the bank for £K-VERYMANY in misappropriated funds that have been levied against my account...etc...
I am going to enjoy this so much...:mad::mad::o:mad::mad:

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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Following a review of your account we have made a commercial decision to withdraw banking facilities. Blah...blah...clause 12.4 in our Ts&Cs. You have 30 days notice that we will be closing your current account...blah...blah. Despite not being willing to extend banking facilities beyond this date, we wish you well in your future endeavours.

 

Commercial Decision??? In orther words, they know you're not going to go away and they know that every time you incur a charge you are going to contest it. Therefore, not only are they NEVER going to make any money out of you, you are going to cost them each time a charge is applied because you are going to begin proceedings to recover the charge.

 

Commercial Decision - at least they're honest enough to say that although they clearly don't have the balls to admit what commercial reasons they are using. I'm expecting HSBC to close my account on the grounds of account misconduct. I will query why they have been happy enough for me to conduct my account in the way it is until now - could it be due to the fact that it's what makes them money? Yes, my account may not be conducted properly because I go overdrawn EVERY month (which will stop when I get my refund) but it also gets a substantial sum of money paid into it each month which is enough to cover the overdrawn amount several times over. Another thing - they seem happy to let me go overdrawn yet they won't allow me to have an authorised overdraft!? Hmmm, methinks they like making money out of me.

 

Good luck Mr Skull. For the stuff they have filed away that isn't covered by the DPA, can you not get a subject access request?

 

OC.

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I did make a subject access request - the full letter states that they delete such information after six years. I now have this in writing, so I want to see how they can contest and disagree with my estimate...

 

Like you, they have made a fortune out of me, both legally and not so legally. But your analysis is right, I am now only likely to cost them money in the future.

 

With today's development, and with nothing at all to lose, I am going to push this claim to whatever court necessary to get either a full refund, or the bank's demonstration of their actual costs...

in this I can't lose...

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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Good luck Mr Skull. For the stuff they have filed away that isn't covered by the DPA, can you not get a subject access request?

 

Not sure what you mean here; a Subject Access Request is a right provided under the Data Protection Act; so how does one get one for data which isn't covered by the act?

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Fattie says just to put the boot in, go to First Direct to open your next account, being owned by HSBC... etc... lol.:lol:
I might just do that out of spite...wonder how they will check my account history with other banks - after all, banks are not meant to share personal details...

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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Notice: Any HSBC Staff Following This Thread, Having Made A Connection Between This User Name And My Account - I Fully Intend To Pursue Not Only My Claim, But Also All Available Options Through The DPA. I Consider The Closure Of My Account An Act Of Spite, And Assure You That Even Though The Account Is To Be Closed, My Claims Against The Bank Are Not...

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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Watch out HSBC - Mr Skull is spitting blood!

 

TBH, I wouldn't say it's an act of spite though. I suspect it genuinely is a commercial decision. I'm not saying I agree with them, far from it, but it's important to remember that it's nothing personal. If you look at it as a personal vendetta against you then it could just end up cracking you up.

 

I'm watching your progress with much interest and fully expect to see you in the press in the not too distant future :)

 

OC.

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As part of my letter to the bank, requesting refund for charges back to 1982, I had considered asking for more details about this 'commercial decision.'

 

However, since discussing it with Vamp, I am now going to make a further 'full disclosure' request under the DPA, for ALL notes regarding this decision, as well as ALL notes regarding all decisions made since I started claiming.

 

In the first instance they cannot claim that nothing exists, and in the second instance, this is going to make VERY interesting reading...I look forward to seeing the notes about 'request denied' followed by 'full settlement made'...

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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Good luck SS. I am really looking forward to following this thread, I genuinely think they will pay you out a large sum of money rather than the alternative - go to court and prove their costs!

 

It is also for personal reasons that i'll be watching - I am waiting for DPA material from Yorkshire bank, they closed my account 5 years ago but i'll be going after them for every penny they ever charged me. (estimated of course)

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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As I say, I was hoping to delay this until my parachute account was operational. However, they have forced my hand, so all that remains is for me to take control back again...I must confess to feeling nervous. Not for the amount, and certainly not for the fight...I just wanted a little more time to compose myself...still, I'm sure I'll manage...

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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Update - being sent recorded delivery today:

Dear Sir/Madam

SORT CODE: XX XX XX

ACCOUNT NUMBER: XXXXXXXX

Further to your letter of 25th May, indicating HSBC’s decision to close my account, I am requesting a complete disclosure of all notes applied to my account since Jan 1st 2006.

Specifically, I require details and notes pertaining to the following:

  • The ‘commercial decision’ to withdraw banking facilities from me, including the reasons, figures and decision makers involved
  • The bank’s refusal to refund ‘penalty charges pending’ to my account on request, and the subsequent decisions leading to those charges being refunded, notwithstanding the bank’s assertion that the charges are fair, transparent and lawful
  • The bank’s refusal to refund ‘penalty charges’ applied, since March 2000, to my account on request. After raising the matter in court, and notwithstanding the bank’s assertion that the charges are fair, transparent, lawful and would be defended in full, the subsequent decisions leading to those charges being refunded

Furthermore, I am making this request as a Subject Access Request, subject to the Data Protection Act (1998), and duly authorise you to debit the requisite £10 maximum allowable fee from my account.

May I remind you that you are obliged under the Data Protection Act (1998) to furnish me with this information within 40 days of receipt of the request. You therefore have 40 days in which to comply with this request.

Please also note, I intend to apply for a temporary injunction, to prevent my account from being closed on 26th June. Once I have received the above-mentioned notes and details, I will be in a position to decide whether or not to apply for a permanent injunction preventing account closure.

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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The cool thing is I have 3 refunds behind me as a precedent, so any other refunds are purely academic...

 

Just got back from Whizz's hearing, so have not had a chance to follow up on the deliveries etc...I've a few hours catching up to do...

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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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I've seen reference to injunctions on the closing of accounts on other threads, but has anyone actually applied for one yet? (And if so how far along have they gone).

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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I've seen reference to injunctions on the closing of accounts on other threads, but has anyone actually applied for one yet? (And if so how far along have they gone).

I don't think so. I think this is a fairly new issue we're dealing with. This site only started in January (correct me if I'm wrong, team), and all the time the banks throw new stalling tactics and ploys at us. They've never been up against such an amazing bunch of people, actually wanting to stand up to bullies before now.:)

 

Go on Spiceskull, you can do it. Go give them that injuction. :mad:

[

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Great stuff SS, they seem determined to make things as difficult as possible for us, it's about time we did the same to them. I think they are now realising we aren't just going to lie down and let them shaft us anymore!

 

Keep at it!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

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