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    • Yeah I figured, unlikely I'll need credit anyway mortgage all paid off etc so I'll take that on the chin and learn from the experience. Probably would've beaten that too had I remembered the protocol, first time ever going through the process though sob it wasn't familiar to me  Oh well  
    • This is my slightly amended WS taking on board your previous comments, any suggestions for amendments would be most appreciated.  Thank you for you time.   1.        I am the Defendant in this matter. 2.        The facts in this statement come from my personal knowledge. 3.        I became aware of original Judgement following a routine credit check on or around 14th September 2020. 4.        The alleged Letter of Claim dated 7 January 2020 was served to a previous address which I moved out of in 2018, no effort was made to ascertain my correct address. 5.        The Judgement debt was not familiar to me so I began investigations to ascertain what the debt related to and how such a figure had been equated in any event. 6.        I made immediate contact with the Court, the Claimant Solicitors and the Claimants thereafter, asking them to provide me with a copy of the original loan agreement but this was not provided to me.  7.        I sent a Data Subject access Request to Barclays but no agreement was provided – See appendix 1 which details the timeline of communication between myself and Barclaycard as well as copies of correspondence between us. 8.        I do not admit to entering an agreement with Barclaycard in 2000. 9.       The claimant has failed to comply with the additional directions ordered by District Judge Davis and therefore this claim should be automatically struck out.  10.    The claimants have failed to disclose a true executed copy of the original agreement they refer to within the particulars of this claim. They are not entitled to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974 12.   The reconstituted standard Barclaycard agreement that the claimant has included in the court bundle does not satisfy any CCA request and so the claimant is and remains in default of my CCA request and therefore unable to enforce the alleged agreement. 13.  The claimants have failed to provide proof the assignment, such as a deed of assignment. 14.  The claimant has failed to provide a statement of account setting out how the alleged debt accrued under that agreement 15.   Despite numerous requests to the claimant, I have still not seen any evidence, such as an original agreement or deed of assignment, that substantiates the claimant’s assertion that I owe the debt to the claimant, nor evidence of how the debt was accrued. 16.   As per CPR 1.4(2)(a) the court encourages parties to cooperate with each other in the conduct of proceedings in order to try and save time and costs for the parties and to also save the time and resources of the court however, despite vast attempts at mediation the claimants have been most unreasonable and have remained unwilling to mediate. I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • A set aside application costs £275 which is more than the judgement so not worth it. Not that they would grant a set aside anyway.  Set asides are granted, for example, to people who moved and didn't get the court papers, so have a genuine reason for not defending.  Forgetting doesn't count. Your only choices are to pay up within 30 days, or defy the court and not pay.  If the latter, we've never seen a PPC enforce judgement for a single ticket, ever, you would get away without paying - but you would have a CCJ and a knackered credit file for six years.
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jphawk824 vs hsbc (H-as S-neaky B-ank C-harges)


jphawk824
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This site has been a wealth of information!.... and i'm in the process of pursueing my claim!..... I have 2 accounts I am makeing a claim on, my current account and a joint one that is no longer open.

 

I hand delivered a DPA letter to my local branch a month ago, and recieved a phone call within minutes from some nice chap called malcolm.. who told me he would forward it to where all the others were going and the £10 was not necessary and he would put it back in my account!...

 

Within a week or so i recieved a letter from an Ian marshall at Bristol district service centre (have scanned site but so far cannot find anyone who has had any dealings with him??).... saying that my statements would come through in batches, and although i said i enclosed £10 and didn't they would waive the charges anyway... don't these people ever talk to each other??....

 

anyway my statements finally all came through, cept all my joint account one's went to my ex partner!!... thankfully we still get on, but that should be a warning to anyone doing the same thing....

 

neway i'm at the stage now of doing the preliminary approach letter, and have worked out my charges to be £1795 for the last 6 years... I have deducted £75 of charges that got refunded when i was a student as i guess i must have kicked off enough at the time to get them back....

 

I'm about to send off my letter.... but should i include charges where they have reclaimed direct debits.. and charged me £10 for the privalege? as i have a few of them.......

 

also should i deal only with the ian bloke now or stick to sending it to my local branch?

 

the other thing is when my claim has gone through, fingers crossed.... would these charges still get applied to the account when you go over your limit? even though you've managed to prove they are not justified... just wondered if you still have to argue the toss everytime?...

 

know it's a lot of questions!... but any help would be greatly appreciated!

 

 

As another point of encouragement!, i managed to get £1k out of hsbc a few years back after they completely stuffed up my morgage by approveing it, then on the day of exchange saying my life policy couldn't be accepted... after 3 letters and a meeting with the area and branch manager, they finally gave in... so it's always worth the persistance!

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... should i include charges where they have reclaimed direct debits.. and charged me £10 for the privalege? ..

 

YES

 

..also should i deal only with the ian bloke now or stick to sending it to my local branch?

 

This named contact will be fine...

 

...the other thing is when my claim has gone through, fingers crossed.... would these charges still get applied to the account when you go over your limit? even though you've managed to prove they are not justified... just wondered if you still have to argue the toss everytime?...

 

Yes, yes and yes.

 

Keep on reading the FAQ section, and try to keep to one thread where possible.

..

.

 

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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Thanks for replying and your help!

 

sorry, will try and keep progress of my claim to this thread from now on....

 

better go back and adjust my figures tonight now then, should take me over the 2k mark and get me letter in the post..

 

I'll send the letter to both i reckon... might double me chances of a quick settlement!

 

Will let you know what develops!

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help needed!!

 

Just going through my statements again... i've found a load of charges for card misuse as they call them all for £10... legally are we aloud to ask for these back too?

 

any advice much appreciated!

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Please spend some more time in the FAQ section - read everything in there, and the answer will become clear.

..

.

 

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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I've read through the frequently asked questions many times and understand about the charges for going over my overdraft limit and reclaimed DD... but couldn't find anything that said anything about card misuse charge?....

 

Sorry to sound thick, I simply couldn't understand whether it was recoverable...

I don't want to try and claim something i might not be entititled to as it may stuff up my claim.....

 

I've had 8 of these charges chucked on my account in the past 2 days so HSBC are winding me up even more than usual!!

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Yes i've included them in my claim as well, they call it card missuse, but why do they allow you to draw money on your account that's not there, then tell you you're not allowed to do it. I'll tell you, so they can charge you 10 squid buy expensive cigars, luxury yatchs and high class hookers!

HSBC £2883.42 - Settled in full out of court.

A&L - DPA sent, until 15-07-06 to comply.

NatWest DPA sent, until 15-07-06 to comply.

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HELP!

 

Just recalculated my total in charges to now just shy of 2k!.... so just filling in the prelim approach letter...

 

only thing i can't work out is, i thought you weren't to ask for the 8% back on the charges until you put in a court claim?..... whereas in the template letter it states

 

'plus £XXX which you have charged me in overdraft interest for the sum which you have taken.'

 

so sorry to sound so confused!

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i think this is the actual interest on your overdraft calculated monthly, its appears seperately on your statements, im not claiming mine as it would be too difficult to figure out how much of it was caused due to their charges being on the account so i just ammended my letter to say

 

i calculate that you have taken £xxxx from my account illegally

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Has anyone had problems opening another account?...

 

Me and HSBC ain't exactly on best terms, so pretty sure they will close my account once all this kicks off...

 

my credit rateing is pretty dire, have tried alliance and leicester, but they turned me down.... any easier ones to get out there that would take me wages and do direct debits?

 

also have an account with first direct... am guessing they would close this too as it's part of hsbc?

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thanks maverick... will just stick to the charges!

If you do this, make sure you include the following in your letter, so that they see how bloody generous you are:

 

"I calculate that you have taken £xxx in charges from my bank account between d-mmm-yyyy and d-mmm-yyy, and I therefore require a refund of £xxx immediately. As a goodwill gesture, I am willing to forego the interest which you charged me on these amounts, as I believe you are entitled to recover any losses you incur related to any breach of your terms and conditions that I may have made."

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Tom - very early on in my CAG days, I thought it best to add a note similar to your on my letters. BankFodder told me not to - basically there is no need to offer any kind of 'help' to the other side - and the part of your statement which reads "as I believe you are entitled to recover" could be considered the same.

 

I think it's sometimes easy for us to want to appear to be too kind, and we say more than we need to.

..

.

 

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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Has anyone had problems opening another account?...

 

Me and HSBC ain't exactly on best terms, so pretty sure they will close my account once all this kicks off...

 

my credit rateing is pretty dire, have tried alliance and leicester, but they turned me down.... any easier ones to get out there that would take me wages and do direct debits?

 

also have an account with first direct... am guessing they would close this too as it's part of hsbc?

I opened a Co-Op Smile account with no problem. Did it all on-line. But at the moment don't have any credit rating problems. Did you try a full account or a basic account?

 

Neil.

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Just to let you know Natwest offers a step account - very basic but my credit rating is pants and they let me on board even though I owe them money on an old business loan.

 

P.S. So many HSBC customers seem to have their £10 DPA fee waivered. They tried charging me twice for statements and then haven't sent them!!!

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Thanx guys.... opened a step account online today and they said it has been agreed in principle.... just waiting for the paperwork....

 

soon as i get my charges back, if they don't close my account anyway i'll still tell em where they can stick it...

 

I rang MBNa, my credit card today and one of the recorded options was to do with speaking to someone about the latest OFT report, guess i should chose the option just to be nosey!..... Also heard they the banks are going to have to change their policy's.... If this gets put in place would this mean past charges would then get disregarded?.... I may be talking complete twaddle, so just ignore me if i am!

 

sent of prelim letter recorded yesterday... so clock is ticking!

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Help!... My branch manager left me a message yesterday saying she has arranged an appointment and wants to see me...

 

She only left her name, which i recognised and didn't even say she was from HSBC...

 

also today the HSBC call centre rang me at work today... was busy so couldn't talk to them......

 

Shall i add harrassment to my claim? haha.....

 

should i ring back?... really don't want to talk to them as i'm well over my overdraft limit again... and my branch manager sent me a ****ty letter last month about it. so it could be a ploy to get me in to talk about that?

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Am I correct in thinking you are going to claim £1795 ish from them?

 

What is your OD level (if you don't mind stating).

 

Did you open a parachute account?

..

.

 

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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i've put in a claim for £1945..... my overdraft is set at 1k... but i've gone over that by a couple of hundred, like i usually manage to each month!.......

 

parachute account?.... do mean a back up in case they close this one?....

 

they've not rung me back yet though.

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Yes, parachute is another account (different bank).

 

Since you are claiming for an amount greater than you currently owe the bank, you can safely say the amount is in dispute. If you are going to carry on using it, then it makes little difference, but if you want to jump ship now and transfer everything over to the new account, then you would effectively walk away from the 'debt' and start from scratch...

 

At that point, letting the bank know the account is in dispute will stop them from taking further action. They'll soon be paying up anyway!

..

.

 

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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Thanks for that.. think the reason they were trying to get hold of me because i had a look at my balance and they kindly chucked 7 card misuse's on my account....

 

for once i weren't so bothered though as i know i will get it back at some point... will just put another claim in!

 

Also happens i got a letter through from natwest yesterday saying my current account with them had been approved so gonna be well happy not to have dealings with HSBC anymore!

 

I've got 2 more accounts (former) with hsbc that have got charges on so i'll be claiming on them as soon as this claim is finished... just wanted to see how this one went first!

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Was expecting to have to send out a LBA letter today, but had a reply arrive in the post yesterday.

 

They've offered £1650 which is not far short of what i asked for so have replied the acceptance today!.......

 

With all the hype that's surrounded all this recently, I thought it was better to agree than try and get the other couple of hundred for the full sum.

 

Still have claims (not as large sums) on 2 other accounts with them, so will pursue them now!

 

A big thankyou to everyone for their support and help!!

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