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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • stu007
      Are There Any Social Workers on CAG ?

      By stu007 · Posted

      Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • stu007
      Advice needed regarding Eviction

      By stu007 · Posted

      Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • stu007
      Eviction Time Again - Twice In 7 Months

      By stu007 · Posted

      Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Debt_Collector
      Summons to court for a S87 (1) offence

      By Debt_Collector · Posted

      Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • dx100uk
      Homeowner - Struggling to now pay minimums on unsecured debt

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      stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  

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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Waiting 2 months for bank statements!

FERRIER2079

By FERRIER2079
in HSBC Bank

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FERRIER2079

FERRIER2079

Posted
Posted

I wrote to HSBC firstly in January to request my bank charges to be refunded, I was told this was impossible. I even cried at a meeting with the bank manger because I didn't know how I was supposed to feed my children and pay my rent. They said it was out of their hands. So imagine my anger/delight when I found the Bank Action Group.

I have used your templates to get the ball rolling except they have ignored me or told me the matter has been passed to someone else. I sent a formal request for my bank statements, they sent me a form to complete and sign. I had given them until the 17th April 2006 to comply.

I received two lots of random bank statements and then a third bunch - replicas of what they had already sent me! They were not in date order or complete.

An Indian Call centre woman telephoned me to ask whether I had received the bank statements and I said no. Every question I asked her she said 'hmmm'. She then tried to get another payment of £10.00 from me in order to get the statements sent out again. I refused saying this had already been paid. I told her I needed the last six years bank statements sent out again. This was about 3 weeks ago and I have not received anything since. Not one more statement or telephone call. Oh, but I have been charged each month still, even though I stopped using the account in January.

 

How do I go about getting these statements sent to me properly!? They are playing games.

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Spiceskull

Spiceskull

Posted
Posted

When you made the initial request for transaction history, did you use the letter in the library? Did you also include the £10 with the letter?

 

Your post indicates that you did, but it would be good to confirm this first.

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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Spiceskull

Spiceskull

Posted
Posted

Okay - the time limit is actually 40 days, so they may be prevaricating over this. However, you made the request, sent the payment and set a deadline. The request itself is valid.

 

Once the 40 days is up you need to send a complaint to the information commissioner.

 

You also need to sort all your statements into date order, removing duplicates, and identify which dates are missing. It is possible that they have sent you all details to date, but is by no means guaranteed.

 

If you do have all the information, then proceed with issuing your preliminary request for refund, and setting your timetable out. If you do not have all the information you will need to make an estimated claim.

 

This is best done by totalling the information you do have, and then applying an 'average' to the dates where information is missing. You then send the preliminary letter requesting a refund, but you need to add a paragraph to the effect of: "This is an estimated amount, based on the information supplied by the bank. The bank's refusal/inability to provide the information requested, as required by law, has resulted in this estimated figure. Additionally, this failure by the bank to fully comply with my request under the DPA will result in a letter of complaint being sent to the Information Commissioner."

 

If you need any help with this then let us know.

 

Good luck, and let us know how you get on.

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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FERRIER2079

FERRIER2079

Posted
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Posted

That's great thanks. Can I find out how to contact the Information Commissioner with the estimated figure. Is he/she a figure for all the banks or just HSBC?

 

Thanks for your help, will keep you posted!

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Spiceskull

Spiceskull

Posted
Posted

The Information Commissioner is nothing to do with banks - this is the regulatory body for the DPA. You can find the 'how to complain' section of the website: http://www.ico.gov.uk/

 

Your complaint is about the fact that you made a request, under the DPA, and the bank failed to fulfil it's obligations. I have not yet made my own complaint, but the form to fill in is pretty bland, and I do not imagine that it will lead to much. However, it needs to be done...

 

You do not need to mention the details of your claim - just the fact that the bank did not comply.

 

Good luck.

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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  • 4 weeks later...
barracad

barracad

Posted
Posted
Do anyone know if it would cause a problem should I address the 'letter before action' to the branch manager by name? Also when I issue a claim could I use the branch managers name or just HSBC?

 

There is no need to address your LBA to a named individual - it's your choice.

 

When you issue a claim you cannot issue a claim against an employee of the company or even one of the directors - they have no liability for HSBC's debts and your claim would be struck out.

 

Threads merged - Can you please stick to one thread. Thanks.

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.

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  • 2 weeks later...
FERRIER2079

FERRIER2079

Posted
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Posted

Hi people,

 

Do you know reading this site is the highlight of my days!

 

Updates (can't remember where I got to so in brief):

 

1. Requesting statements

 

I sent letter asking for statements and they had until the 17th April to comply. They sent me a form to sign for duplicate statements which I sent off same day. Received two bunches of random, incomplete statements within days of each other, two weeks later received a third bunch of random, incomplete statements - exact copies of the last bunch! HSBC debited £10.00 on the 24th April for duplicate statements. Call centre (very little English spoken or understood) telephoned me to see if I had received statements and when told 'no' was expecting to see the whole lot sometime soon. Guess what? I never received the bleedin' things!!! Understandably, I did only ask for them 3 months ago!!!!! Filed a complaint with a commissioner as advised by SpiceSkull (which I have received two letters from since already!)

 

2. As advised by SpiceSkull (U lovely MoD u!) sent a request for refund with estimated figure based on the few lousy statements I did get. Sent 14th May.

 

3. Standard letter in the post (in no hurry) with standard complaints leaflet as many of forum members seem to have received.

 

4. 28th May (14 days to the dot) sent LBA. I then visited my bank a week later with a copy. The bank manager refused to see me. The bank staff refused to take the copy and give me a receipt. So I handed the letter to 'Katerina' while videoing the exchange with my mobile !!! My hubby walked out at this point bright red! My kids looked away! Another nice man on the staff informed me they had received the first letter and hadn't known what to do with it so sent it to their legal department. I told them that's what I had expected. I was apologised to over the delay.

 

5. Monday (12th June) received a reply from Colin Langdon (Senior Service QUALITY Officer!) saying:

 

The bank does not agree with your contention that the charges that have been imposed are unlawful at Common Law or do not comply with Statute and recent consumer regulations. The contract is governed between bank and its customers...

Refer you to clauses 7.11...

If you authoprise a payment that would, if met by us, lead your account going overdrawn and a fee is payable for this service.

 

Fees and charges are clearly stated blah blah

 

And this represents their final response on the matter!

 

 

6. Today (15th June) filed Money Claim!!!! Lovin' it! I went through statements online (which would have saved me the tenner if I had known) for exact amount.

 

I also couldn't help but send them an email once I got that Cow poo letter asking why they ignored my plea to enter a sincere dialogue and that their template responses are not good enough, I stated I expected a reply sooner than their standard two days, its been more than two days and no response! Probably on their 'Service Quality Training Day!'

 

So peeps...WATCH THIS SPACE! Maybe England will reflect tonight what sort of luck I may have!

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FERRIER2079

FERRIER2079

Posted
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Just been thinking, my LBA and subsequent letters were all based on the estimated figure (which was near spot on) that I wanted reimbursed. Woill this cause a problem in court...should it get that far? Money claim was submitted with the correct amount I gathered from online statements though, but will HSBC use the estimate figure as a way out? I sent them an email saying they can expect to receive court papers shortly with the actual figure based on online statements.

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  • 12 years later...
FERRIER2079

FERRIER2079

Posted
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This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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