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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

My 6+ Year Claim Against HSBC


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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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LOL, one other thing - they wish you well with your future endeavours?! Your future endeavours are to get EVERY LAST PENNY back that they took from you. This is going to cause them serious headaches and possibly huge expense.

 

D'ya reckon they mean it?

 

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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That letter looks good to me, but then I'm not lawyer :)

 

Been following your thread. Once my first claim with HSBC is over with will look at going back previous to the 6 years, as you have.

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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...

  • Confused 1

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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