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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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johnk81 vs HSBC


johnk81
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Hello all im new to this concept of finally getting my money back lol , ive already set the ball in motion against HSBC ive requested my 6 years back statements at a cost of 10 pound (another charge!) they have promised me a 40 day waiting period with my statement in batches , ive only done a small amount of investigating thus far checking all my online statements , i have a solo card , which your supposed to be unable to be overdrawn on , and have uncoverd in one year with a regular input of 800 pounds plus into my account , a total of 468 pounds of charges for discrepancies ranging from 5 to 30 pounds overdrawn im just waiting on my loan statements but im unsure if i should take the same action against my loan welcome finance and my very old credit card but it is within the 6 year period should i pursue this too? any ideas will we very helpful.

 

plus i have noticed very angry people at charges of 15 - 20 pounds or 25 pounds a time , my average or should i say consistent charge has been 30 pounds everytime for each discrepancy , is this above average? many thanks john.

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go for it;)

 

dx100uk:cool:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi john

welcome to the forum. all i can say is read as many threads and faq's as you can and familiarise yourself with the process and you can't go wrong!

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

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Hi John,

 

Follow Netty's wise words!

 

A note, though - when you're completing your spreadsheet, only claim what they have taken from you. If they've taken a charge of a fiver, then you claim a fiver. Don't average out, or you could find your claim being struck out.

 

Read the FAQs, they'll tell you everything you need to know about the process. When you get your statements, use Vampiress' spreadsheet to help you work out how much they owe you - and you can claim for anything that you haven't specifically agreed to; so you can't claim for Bank Account Plus fees or authorised overdraft arrangement fees etc, as you've requested them, however you can claim for bounced DD/SO fees, bounced cheque fees (although with a Solo account, I wouldn't have thought you'd have a chequebook, but I could be wrong!), overdraft fees and the cleverly titled 'Total Charges'.

 

Hope this helps.

Dave

____________________________________________________

HSBC: Settled - Offered full refund 2 days before MCOL - £2934.50

(Thread here)

Lloyds TSB: Settled - Offered full refund 2 weeks before MCOL - £650 (Thread here)

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yes everything and i mean everything im claiming for is bounced DDs . over drawn without an overdraft at all , and total charges and card mis - use and yes these amazingly added up to 468 pounds last year alone theres no atm charges or agreed overdraft fees HSBC have continually tried my patience with ther over charging tactics theres absolutely no fees on my account that do not fit into the dont claim for category there all a flagrant abuse of my account

 

thanks all for replying but where do i find vampiresses chart?

 

cheers john

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sri

thats a link to my ones

i cant extract the web ad either.

 

you had better usethe ones in the template library

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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6. Interest calculation spreadsheets

just go through your statements when you have them all and make a list of the ones with a DR next to it. date, name of charge, how much.

a list of this sort(a list - don't send statements) will suffice for the first letter but by the lba you should do the spreadsheet and make it look all nice and tidy

cross ref your list with this info as netty sent you above:Charges description on statements - Please Read taking off any you shouldn't charge for. the spreadsheet with this info on it becomes your schedule of charges or breakdown that we are forever referring to on this site.

have you tried getting your statements on-line - then you wouldn't have to wait for all that mail.

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see if this is it: Using the statement link on the left hand menu

 

i did a claim for my son - but he had all his statements - so never actually dealt with the on-line - but i know you can get them - just couldn't remember the way - try that above.

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hi john

when you login to online banking - go into my accounts

on the left hand side there's a menu with my statements

click on those and it should give you your statements listed in years

click on year you want and then obviously you have to go through each month. tedious but quicker probably than it will take for hsbc to send them to you.

hope this helps

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

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nettyg legend! super saved me loads of hassle and wait , i have now gone through all my statements and ive added all the notifications with dr next to it im a bit confused though as my hsbc loan also came under dr , i take it this is normal and i wouldnt need to claim them i did not note the the interest dr's though did i need to? well my total without the interest charges ?? is a plum total of 2463.33 WOW! ok help needed now what is my next move???? many many thanks john.

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ok did the interest sheet it came to 3499.41 is that what they have charged me too? because ive put this as what they have charged me in my first draft template 1st letter is this correct? and when i do a breakdown do i need to just put the date and the charge in a list is that all i need to do preliminarily? many thanks john.

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oh just to add the spreadsheet didnt go to 2007 so my january charge of 28 i added to december is this a particular that will affect my claim totals? or do i disregard the 28 pound and recalculate to dec 06? please please any help??

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John,

cram as many charges in as you can because when you get to mcol D.G. (hsbc's solicitors) will date your claim 6 years from the mcol date.

If the spreadsheet won't go to Jan 07 write it in by hand that should do. Be sure to update your claim as you proceed, if you get any more charges.

Glad to see i'm not the only one burning the midnight oil.

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ok il keep it as is then i have used phil beaumont as the contact but not sure if this is updated now but im still learning jargon so mcol? plus with my breakdown do i add specific dates? just to be thorough i take it is yes? because il have to go over my statements again , once i have done this am i all set to send my approach letter? i will probably ask about what i need for court action aswell sorry about all the questions but im still very new to this lol

p.s yeah ive just got off nights so its not easy to doze off yet lol.

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im sorry to all for sounding very gobbledygook lol all i need to know is ...

 

1: i did not add DR interest to my final total , did i need to? and then go to the spreadsheet?

 

2: with the spreadsheet i put in my total of charges 2463.33 and calculated 3499.01 is this what im claiming for? or do i only use the spreadsheet if im going to court? and do i have the interest seperate and do every charge individually?

 

3: should i send my letter to Phil Beaumont?

 

4: do i need to accurately put every date of charges and interest on my prelim letter?

 

thankyou sorry again but im really lost at the moment cheers.

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if you are going to claim for the overdraft interest - then use the advanced s/s, if you aren't, then use the simple s/s. be sure to use the correct s/s for whatever you are claiming.

for the first letter, the charges need to be in a list format (or s/s is fine), oldest charges first, just call them whatever they call them,

if you are claiming debit o/d interest - then that goes into the total as per the letter "i calculate you have charged me xxxxx charges plus xxx overdraft interest - total i am reclaiming: xxxxxx.

if you've used the s/s and it shows the 8% interest - this is for the claim stage only - so cover up that interest until you are claiming.

i'll just put this link in - it might clear it up for you: post number 26 HONEYGIE sees you HSBC! i wrote it to help clear up the interest and s/s confusion. once you decide if you are including the o/d interest or not - just be sure you pick the correct s/s. might as well get it right now as have a big tangle to figure out later.

so, 1.you don't have to do the dr interest. it's your decision

2.if you've used the s/s, it's already done - just cover the interest column for use in the first two letters.

3. phil is fine

4. yes - either a list or the s/s but all charges and dates included.

 

you'll get there - take a look at that link.

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hi john

 

on your breakdown (s/s) you write in exactly as it says on the statement i.e. charge recall so/dd

unpaid item

total charges to xx/xx/xxxx

charge card misuse etc etc

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

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so i only need the interest calculation s/s if i go to court? or do i individually calculate each charge on the s/s and send that as the total i want to claim in my approach letter? or is it just the total of charges that im claiming for? this is the only bit im stuck on.

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