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    • BTW, the reply I got to an SAR shows they got my keeper details from DVLA via ZatDVLA and apparently their footage shows the vehicle being stationary for 38 seconds.   Time for sleep.   Thanks again.
    • Morning all,   the pdf in my previous post is an error. Could soemeone delete it please as I don't seem to be able to myself. Thank you.   Correct files are below. Had to be 2 as file size limit would be exceeded.   What a night, got myself in a right muddle switching between file formats to ensure security. To cap it all it's my birthday today.   Thank you in anticipation final multi.pdf Second two page file elms 1 and 2.pdf
    • This is a draft of my WS   By no means final   Negatives:   doesnt follow smoothly    long winded   not much referene to cases except Beavis     I have tried to attach appendied but failed miserably, but I may not need them   The appendix are essentially:    IPC COP example of a contract between landowner and a PPC   IPC COP re entrance signages   IPC COD re sanctions on members who dont comply   JPEG of the erected signage showing that its back is to the entrance of the car park hence not in immediate view   JPEG of a receipt from 16.1.2021 ( yesterday) proving I went there and had a look at the signages     Not really sure if the appendices will make much difference en my defence   Please make any constructive comments etc..   I will have a look at the many links  FTM Dave kindly provided. I havent in detail because bene typing for the last 7 hours      Anyhow Thanks All             WS redacted-merged.pdf
    • Thanks DX 100   haha i totally  agree with your comment about the page 20    Yes I am awake and been all night w my WS   BUT can I point this very very very impt point please, which I am not sure if it has come to your attention   1. The payment machine and 6 hours and the free parking after 4.30 pm on a Saturday etc....all taken on board.   HOWEVER, and I cant stop myself laughing, this pay machine  he eludes to is based at The Market Shopping Centre Car park , after googling it is in CREWE.  It is not even relevant. They have put in a signage that is not even at the Merry Hill Centre which is in the West Midlands.    The Merry Hill Centre is the one I went to in Dudley, west midlands. All the signages , apart from the one you elude to have the intu Merry Hill logo     The one you refer to is in Crewe. I have never been to Crewe in my life lol so that signage is totally irrelevant    we can play this either way:   1. can take up your line of argument regarding the 6 hours etc. and pretned we are also using the pay machine    OR     2. totally dismiss it as being irrelevant, misleading , wasting the time of everyone by providing irrelevant info. Thats what I have argued in my WS so far. That signage does not belong to inTu Merry Hill            This is akin to someone being on annual leave from work between say 1.10 .2020 and 1.11.2020, and then finding out one of his/her collogues saying,  I saw you leaving work early last week , the 15th of October 2020.   hello !!!, I wasnt even in the country on the 15th of October 2020 !!   essentially thats what the claimant has done . The signage on page 20 doesnt even belong to the shopping centre I went to   I will log out and carry on with th WS     Thanks again       .   
    • Thank you FTMDave. As you can see from the time now I have had a nightmare getting questionnaire answered due to scanner problems, it is up there now though. I do not have proof of breakdown as the alternator was bought from a breakers yard near Chelmsford. I remember it well as they sold me the wrong one on the Saturday and I had to go back in my mechanic friends vehicle on Sunday as I had broken the original alternator getting it off.
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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rigby44 v HSBC


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Hi

 

I send my DDA letter a few days ago asking for my list of charges or bank statements for the last 6 years. I think my total will be about £300.

 

This morning my letter (and cheque) where returned along with a form which thay want me to fill out in order to undertake the search.

 

Should I fill this form in and return it to them, along with another letter repeating my request, or should I try calling them or emailing them and asking for the info? All I'll be doing is repeating the info that was in my letter in the form.

 

Also, I sent my request to my branch (St. Helens) but the reply came from Ian Shepherd at Coventry. Should I send my reply to my branch or staraight to Ian Shepherd?

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No. You have made a valid request under the DPA, you have sent payment, don't let them delay.

 

Write back stating that the clock is ticking as when you sent 1st letter, that payment is deemed received at that date too, that you're under no obligation to fill in the form under DPA rules, and that you're holding them to your deadline. Send back the cheque.

 

Was the letter signed by a DPA Officer, or a Data Agent, or words to that effect? You're probably better off answering there then, yes.

 

For our files here, could you scan me a copy of the form they want you to fill in? I'm curious to see it.

research@bankactiongroup.co.uk, pls.

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Hi

 

My reply came from Ian Shepherd, Centre manager (whatever that means). The letter is addressed from:

 

HSBC Bank plc

Coventry DSC

Harry Weston Road

Binley

West Midlands

CV3 2TQ

 

I have already filled in the form (but I haven't sent it yet), as I assumed I would be sending it back. It basically just has a section where you write the reason for your request. I repeated that I want a list of charges or a set of bank statements. I also said I wanted details of manual intervention. I don't really mind sending the form so long as I get what I asked for.

 

Should I send my reply addressed to Ian Shepherd at the above address?

 

Cheers

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I got sent what sounds like the same form. As far as I could see it did not include space for detailing what was requested in the original DPA letter. i was particularly concerned about the 'manual intervention' element.

 

I went into my local branch, with the form filled out (and payment), and made them attach a copy of the original letter to it - referencing it in the form. I envisioned (perhaps cynically!) that they may not have fully acted out my request otherwise.

 

This was on Monday 3rd... so obviously I haven't found out if I have been successful.

Simon

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  • 1 month later...

Hi

 

I've just added up the charges from my bank statements. They come to about £300.

 

I am about to send my "Preliminary approcah for repayment" letter, but I just want to ask a couple of questions about calculating interest.

 

It is my understanding that I do NOT add the 8% interest now, but just the extra interest that they have actually charged me due to their charges.

 

However, this interest is hard to calculate. Over the last 6 years I've been in the black sometimes, in the red sometimes, in the black for the 2 weeks after payday, then in the red (below the agreed overdraft limit) for the next 2 weeks until payday. Therefore, to calculate how much interest I've paid on a £27.50 charge on the 10th August 2001, for example, is not easy. Also, I guess the interest rates have changed over that period.

 

Do I have to calculate the interest on a daily basis or can I make a resonable guess at the figure, and if so, what is a "resonable guess".

 

Thanks

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You are absolutely correct that you don't claim 8% at this time - you've obviously read the FAQ's so well done.

 

As you have discovered, calculating the interest THEY have charged on the charges that THEY have applied is very difficult and to be honest, it probably isn't worth claiming.

 

To back this up, add up all debit interest from the last six years and see what it comes to. My debit interest was under a tenner yet my charges are over £3,000. That debit interest wasn't just on charges, it was on debit amounts that I had incurred too. I therefore figured it wasn't even worth trying to calculate.

 

Hope this helps.

 

Good luck

 

OC

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Thanks

 

Since posting the thread I've actually found this spreadsheet

 

www.bankactiongroup.co.uk/TEMPLATE.xls

 

which will calculate the interest. You need to enter every interest payment you've made since your first charge, and in my case the total probably won't come to much, but I'll have a go tonight and see what it comes to.

 

Thanks for your help.

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Hi

 

I've just sent my preliminary approach for repayment for a total of £355.45 (£291.50 charges and £63,95 interest).

 

I am awaiting their standard response.

 

As an aside I wonder if HSBC will ever start paying these requests before the legal action starts. Surely they realise that the claim will cost them upto an extra £120 in costs, plus the 8%. In my case if I have to claim it will cost them an extra £130. It would be cheaper for them to simply give us the money.

 

Then again, I guess they hope that some of us won't actually claim.

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As an aside I wonder if HSBC will ever start paying these requests before the legal action starts. Surely they realise that the claim will cost them upto an extra £120 in costs, plus the 8%. In my case if I have to claim it will cost them an extra £130. It would be cheaper for them to simply give us the money.

 

Then again, I guess they hope that some of us won't actually claim.

 

You've got it exactly. They've worked out it's obviously cheaper to take the claim as far as possible because some people drop out at the thought of court. The money they lose in court fees and 8% interest is less that the total of claims discontinued.

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  • 3 weeks later...

Hi

 

I have just had a response from my initial response for repayment. It's pretty standard but it does have a bit I haven't seen anyone mention before. It basically says that they will need me to quantify my claim, i.e. provide a list of charges with dates. This seems strange as they said earlier in the letter that they do not agree with my claim, so why do they need a list?

 

I am thinking that when I send my LBA later today I might attach my list of charges, plus the calculation I made to calculate what proportion of the interest I've been charged is due to their charges. I have all these in a spreadsheet I got from the library section so it's no hassle. Would you advise this?

 

When I finally claim via moneyclaim will I have to provide details of the charges then, or do I just put the totals and be prepared to provide the details later if asked?

 

Many thanks.

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What's the LBA letter and where do you get it from?!

 

Thanks.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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What's the LBA letter and where do you get it from?!

 

Thanks.

 

Please read the FAQs.

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 have done, couldn't fin anything about it - I'll take another look!!

 

Thanks

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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hey,

 

All sorted now, thanks fella!

 

Thanks

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 1 month later...

Hi

 

My charges over the last 6 years are £291.50, and I calculated about £50 of interest.

 

I sent my LBA a couple of weeks ago and I have just received a surprising response.

 

They have offered to pay me the £291.50 representing "full and final settlement of this matter." This is without sueing them via. moneyclaim.

 

That made no mention of the £50 interest.

 

Should I:

 

a) Accept this offer,

 

b) write back requesting the £50 interest as well, or

 

c) go ahead a sue them adding on the 8% interest as well (about £60), so for about £400.

 

I don't want to be greedy, but the £50 interest is a real cost.

 

Thanks

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as always its up to you, if you really want that extra money then go for it, but be prepared to wait a few more weeks

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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is this interest they charged alongside their charges? if so go for all of it, they'll probably give in rather thean go to court!

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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Yes, the interest is my estimate of the extra interest I have paid over the last 6 years due to their charges. I calculated it using the spreadsheet in the library section.

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5 Threads merged , can you please keep to your original thread when updating as you will recieve much more informed advice if people are able see all the history of your claim , Thanks :)

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Just to recap my claim is for £291.50 in charges plus £63.54 interest.

They have offered my the £291.50 without me having to sue them using moneyclaim.

I am rejecting that offer as I want the £63.54 interest too.

Here is the letter I am about the send them, can someone confirm this is a good letter?

REJECTION OF INITIAL OFFER (Ref xxxx)

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxx

Thank you for your letter dated 5th July 2006 offering me the sum of £291.50.

However, my claim against you was for the sum of £355.04. This represents £291.50 in unlawful bank charges and £63.54 in interest charged on those bank charges.

The attached sheet shows the amount of interest I have been charged every month, and an estimate of the amount of interest that was due to the charges. I believe this is a reasonably accurate figure.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully

xxxx

 

 

 

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  • 12 years later...

This topic was closed on 03/08/19.

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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Please note that this topic has not had any new posts for the last 5304 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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