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    • New figures from the Insolvency Service show that early termination rates of IVAs have dropped 11% in the past year, while total IVAs have risen by almost 20,000 in the past two years. View the full article
    • Amigo Loans has posted an £87m loss for the nine months to December 31 2020, a 289% drop on the same period in 2019 View the full article
    • I've had a brief look over the thread and I see that there principle point is that he didn't take out insurance. Your answer to this is very simple – that it is absurd that you are required to pay to protect them against their own negligence or criminality of their employees or the people who are acting for them – in this case, Hermes.Your point here is that any requirement that a customer is required to pay extra to protect against the breach of contract is unfair within the meaning of the unfair terms provisions of the Consumer Rights Act. Please have a read of the unfair terms provisions of the Consumer Rights Act. In In particular, after you have read the sections within the act itself, get a schedule two and you will see examples of unfair terms. These are nonexhaustive which means that they are simply examples and lots of others can be added. An important point is that it forms a significant imbalance between your interests and their interests. They are using a standard form contract which is nonnegotiable. There is no competition because all the courier industry are doing this so there is no opportunity for you to go elsewhere and get a different type of deal. You will need to point out to the defendant – through the mediator – that included in the unfair terms provisions of the Consumer Rights Act is a provision that gives the court the power – in fact a duty – on its own initiative to examine the fairness or otherwise of any term. Point out to the defendant that if they want to go to court then you are happy about it. That you will then raise the question of unfairness to the judge and also you will invite the judge to look at the entirety of the contract and to pronounce on the fairness or otherwise of the contractual terms. Tell the defendant that you expect that the judge will decide unequivocally that a term of the contract which requires the customer to pay extra to protect themselves against the service providers breach of contract is grossly unfair – and in fact it is ridiculous. Basically they are saying "pay us to deliver your goods – and pay us extra if you don't want us to lose them."   Explain to the defendant that you are fully aware that this is a culture within the courier industry which has developed over 30 or 40 years or more but it's not acceptable and that when you get a judgement in your favour which confirms that the term is unfair, (as will surely happen) that you will then make sure that copies of the judgement find their way all over the Internet including social media that is concerned specifically with complaints against the courier industry and then the game will be up for the loss of them. One the mediator to tell the defendant that once you get this judgement, not only will people be claiming for ongoing lost items, but they will also be claiming retrospectively for legitimate claims which have been rejected on the basis of this unfair term. Make it clear to the mediator – that they should tell the defendant that you're not dealing with very much money here – and you are prepared to risk it all in order to go to court and to demonstrate this principle. If the mediator says that you should compromise then you should tell the mediator that if the defendant pays up in full – including costs and interest – that they will then be spared the problem of going to court and getting a judgement against them which will result in the loss of millions of pounds in the future. Tell the mediator that this is the benefit to the defendant and you are not prepared to hand them any further benefit if it means sacrificing a single penny of your claim. Tell the defendant to take it or leave it – you are happy either way.   It is very important that the defendant understands that you don't care either way whether you settle now mediation or goes to court. The defendant as a huge amount to lose if it goes to court. You have very little to lose  
    • Firstly I am disabled and have brain fog so can forget anything.  Today I went online to check when the MOT is due as just had to renew my car insurance and know it comes quickly after that. I was shocked to see my car was flagged as NOT TAXED.  I have had disability tax for years so dont even have to pay. After ringing DVLA I eventually found out papers had been sent to my old house which I left 3 years ago. With the stress of moving etc I never changed the car address but did change the address on my licence as that is correct.   Now I am worried I may have picked up a speeding ticket sometime in the 3 years and also maybe recently on a day trip to London (2 miles too fast coming out a tunnel). The old house is 150 miles away so cant pop in and no idea who lives there now. Thats how I got caught out with tax as they sent the paperwork there to renew. The lady renewed the tax easily on the computer for me which I was so grateful for and backdated it to 1 Feb. Can anyone tell me how I can find out if there are any tickets out there in my name that I know anything about please? I have had a really awful week with so many problems and this is now really making me feel sick so dont want to worry for months to catch up with me.   Thanks  
    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
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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
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      Many thanks, stay safe and have a good Christmas!
       
       
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When you have filed your AQ................


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To all those who have filed their AQ’s

As this is fairly new territory to the group as a whole, I’ve decided some info is needed for the period of time following the AQ filing.

 

Only a couple of months ago – very few got to this stage, now it is becoming routine.

Filling in your AQ’s last week or so – I saw the same questions over and over. Let’s take this next stage and look at it.

 

So, you’ve filed your AQ. An offer could come at any time.

As always – you are fighting this on two fronts: DG and the courts

 

ok, at this point i'm going to insert a letter that rob-the-viking wrote - he wrote this to his local county court and received a court date shortly after - so it may have moved things along - tweak it to your own details - here is the letter:

 

Address

 

You Vs HSBC

Claim No

DATE

 

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

Your Name

 

 

 

 

 

 

A NEW LETTER AS OF 31 MARCH;

Apparently, due to the high volume of cases coming into the court, the courts have, in some cases, decided that an allocation questionaire won't be necessary. While this is good as it means the judge will act more quickly - it also gives us an excellent opportunity to prod DG in my mind. Not sure as yet what it means to the new strategy - i'll be back with more info.

So, if you are a recipient of one of the letters telling you that an aq won't be required - I think you should then send DG this:

 

 

 

this is the thread about this situation where the aq has been dispensed with:

New---after 28 Days - Maybe No Aq!!!!!!!

 

 

 

As for the COURT side of things:

this is probably the most important thing i am writing on this thread so please read it: WHEN THE COURT SEND YOU THE DIRECTIONS (WHAT NEEDS DOING), IF YOU WANT US TO HELP - PUT THE FULL DIRECTIONS ON YOUR THREAD SO WE CAN READ AND ADVISE IMMEDIATELY! it's no good telling us you've missed a date - we don't do miracles! we can help but we have to know what is required.

 

 

Keep this in mind - an offer is much preferable to a default judgment!

You’ve filed your AQ – they have exactly the same deadline – so:

Just after the deadline: ring the court to see if they have filed their AQ. The court routinely gives them an extra 7 or 14 days to file. Whatever they say, like they have until xx/xx/xx to file their AQ. The day after that date, ring again and ask if they have filed their AQ. If they say no – ask if the judge will be issuing an “unless order” (unless they file by xx/xx/xx – their defence will be thrown out). When that has passed – ring the court again and ask what the next step is.

They may not file their AQ at all and you may be able to apply for a judgment in default. The court will tell you how to proceed.

To enter Judgment in Default you will need to file a form from the court, this is known as a "Request for Judgment" Form.

The form you need is an N225, find one here: http://www.hmcourts-service.gov.uk/H...forms_id =465.

 

Also on the COURT side of things:

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have 14 days (the date will be on the paperwork) to send in four things.

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: hsbc uses the service charge defence - so use the first letter in post 55

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

AND AFTER THE LLOYD'S WIN - LET'S BE SURE THERE'S A COPY OF TERMS AND CONDITIONS IN THE BUNDLE.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

 

courtesy of hagenuk: some t & c's from 2004

Attached Filespdf.gifpersonal_banking_terms.pdf (177.1 KB, 40 views)

All of this is my take on what happens after the AQ is filed – not CAG policy – just my opinion. Don’t hold me to it……I don’t want to go to court either! Good luck!

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Thanks very much for this, Lattie. It answers a lot of questions for me, and saves them being answered for the rest of the dirty dozen (Netty now honourably excluded!).

 

I'll read it a bit slower now, and make sure I understand.

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as always, well explained.. well done mammie lattie;)

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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i sure am... thanks.

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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Time scale on AQ is more like this:

deadline for filing expires

following day goes to judge

judge takes 5 days to get round to dealing with it. Issues "unless order" and passes it to court admin to deal with it.

Admin send it out 2 weeks later.

So if bank don't file AQ have aprox 4 weeks grace.

Makes a mockery of "fast track" really.

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CONGRATULATIONS ON YOUR WIN!

it does often look like the courts lean over backward for them - but they are the defendant after all - were we in their position - i would hope for the same consideration. (flying pigs spotted above!)

anyway - i'm glad you won, bet you are too!

spend wisely!

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That advice came at just the right time,Lateralus, I'[ve to phone the court tomorrow to see if DG have submitted their AQ(they've already filed a defence).

This now looks as if they (DG) have found this time-wasting exercise of waiting for the court to say thry've got to file by XXXXX, which Nogard described so eloquently.

Looks as if I'm at the start of a new phase - but if I keep on at DG as advised, what do I say without actually negotiating - how do I justify continually phoning them?

Any advice will be gratefuly received as usual - I'm in unknown territory again!

 

Thanks in advance

John:confused:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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PS I've spoken to them last week, but there's been no offer since Colin the man made his derisory effort!

Is this unusual?

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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why are you still talking to Colin ?... unless he makes an offer your dealing with DG his legal puppies... just phone cuz ya want to... say its you and leave yer number to get back to you.... there is a huge snowball about to hit this system and they are going to go under with the volume of claims... if ya dont claim it back they will just declare it as profit... lol

 

Lattie.... nice thread xx

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johnnym, i wrote this specifically for big group of you who filed aq's over the last few days.

it's not unusual not to hear from them - if they have your breakdown, the next time dg contacts you will be with an offer.

don't harass them - but keep in touch - offering any info they might need... ask about the status of your claim.... tell them you cost to settle has gone up by £100 now your filed your AQ....... whatever!

 

i'm hoping the info on this thread will inform, settle some nerves and keep the filers on top of things with a little working knowledge.

 

good luck,

 

i think anytime dg says your claim is "with the client", "being looked at", "with the bank", etc. an offer will be coming pretty sharpish.

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absolutely brilliant lats... that will put a few uneasy minds at rest for sure.

thank you for that (too late for me - i 'nearly' got my spondoolies)lol

 

nice and easy to understand xxx

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

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Thank You, very helpful no idea who DG are by the way as I'm with Lloyds but the timetables after the AQ must be the same for all of us. isn't it.

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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hi pen

dg is hsbc's in-house solicitor. timetables would be the same for any bank

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

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Great thread with loads of useful info in Lattie. I'm not at this stage as yet, but will be in a few weeks. It's good to get the procedure into my head in advance though!

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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I may have given you the wrong end of the stick Castlebest, what I meant was 'the only time I've had an offer it was from Colin' . I obviously haven't spoken to him since DG became involved. I'm just hoping they'll come up with one shortly - I phoned the Court today and they said to give them a couple of days grace then ask for a judgement.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I had a much more relaxed method. At no time did i contact DG or them contact me until i got an offer in full. I didn't send DG a breakdown nor did they ask. I wrote to colin twice, he replied just once, a week after i had filed on MCOL offering about 80% of claim which i rejected. That was total corespondence until i got full settlement. So send in the paperwork,everyone, then just sit back and wait.No worries.

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whatever works! that's partially what's behind this thread - for others to tell their experience but mostly for the growing numbers who find themselves filing their aq and asking what happens next.

thankx for your input nogard.

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Just a thought,but perhaps what is slowing down the payments is that DG are so busy dealing with constant phone calls and e mails that they dont have time to process the claims. Perhaps if every one just left them alone to get on with it then the pay outs would come quicker.

Just a thought.

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Nice post latty. :-D

 

I would recommend nogard's approach. Contact DG if you need to, by all means, and they often point blank refuse to pay out without a breakdown, but its not good to hassle them too much. The staff in that office are generally fairly decent people just doing a job.

I also think that too much pestering can also make you look desperate, I think you are more likely to get a lower offer if you do... ;-)

Get your paperwork right, stick to your timetable, but take it easy. I have won 3 times against hsbc, but only spoken to DG by phone twice in all that time....

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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