Jump to content


  • Tweets

  • Posts

    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

HSBC Direct


tinhat
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6183 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I did the same as you and forgot to sign letter very fast in returning letter, but very slow with statements.

 

I have rang before and discussed bank charges with FD but the lady was quite stroppy.

 

I seem to be a similar story 2 accounts bank charges all the time.

 

This time I phoned and discussed my accounts moved DD to one account as sick of receiving charges for 2 accounts and explained that if my claim was successful I would be paying off my overdraft and I thing she asked if she could see if there was something she could do with this months charges which she did asked if I was happy with that I said that yes I was and that I would claim the rest on my claim. She was really helpful..

Link to post
Share on other sites

  • Replies 79
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks for that, sounds like you were lucky with the lady you spoke to. Think I might send them a reminder by post and indicate in my letter about the charges made for last month.

Link to post
Share on other sites

love your humour harvest!!8)

Wonder what tinhat was trying to say.?????

 

Made me laugh anyway:D

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Sorry got interrupted! I am a she by the way. Anyway just to let you know have received statements today and have just gone through highlighting everything and got my final figure. I will check again then put onto standard spreadsheet then what? I understand there is another standard letter which goes with the statement. Harvest I am having that glass of wine now!!

Link to post
Share on other sites

Once you have the total that you are owed by FD then it is time to send your first letter the prelim asking them for your money back details can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html :D

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

Link to post
Share on other sites

Once you have the total that you are owed by FD then it is time to send your first letter the prelim asking them for your money back details can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html :D

 

Thank you I will do this over the weekend ready to post recorded delivery on Monday.Thanks for your help. :)

Link to post
Share on other sites

Glad you got your statements. I think they like to take their time in the hope that you'll forget. Get your second letter ready and enclose your breakdown of charges. Make sure you read the FAQ's too just so you know what you're doing and what step in the process you are at.

 

:D

Data Protection Act request sent 03/08/06

Statements received 08/09/06

Prelim letter sent 12/10/06

Letter before action 27/01/07

Link to post
Share on other sites

Hi Tinhat - hope you enjoyed that glass of wine! :)

 

Glad to see you're now at the point of posting recorded on Monday. I'll keep my fingers crossed that they settle with you early rather than dragging it out. :rolleyes:

 

Good luck ;)

Claim against First Direct - WON - 29th March 2007

Link to post
Share on other sites

Hi Tinhat - hope you enjoyed that glass of wine! :)

 

Glad to see you're now at the point of posting recorded on Monday. I'll keep my fingers crossed that they settle with you early rather than dragging it out. :rolleyes:

 

Good luck ;)

 

Harvest

 

Filling in schedule included overdraft fee and excess overdraft fee, do I include debit interest charged each month as well?

 

:-?

Link to post
Share on other sites

Tinhat i think that the debit interest is what they charge each month for having an overdraft and therefore a legit charge. However, If you use the complex bank charges template it automatically works out the interest you were charged on the penalty fees by FD. You can then add that to your claim as well. It is a bit more complicated but it is worth trudging through as it added on an extra 350 for me. When/If you have to file a MCOL 8% claims interest gets added on to the interest as well as on the penalty charges. It adds up.

 

A theory that has been going through my mind recently, after looking through all info and claims, is that does it matter what extra you put on, as when you claim through the courts, the banks will eventually pay your additional interest because if they contest it they would have to prove their penalty charges as well in court? although i wouldn't want to be the first test case and then have it thrown out because i couldn't prove the interest i calculated.....but this is only a theory.

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

Link to post
Share on other sites

Fumingmad thinking about your reply, I have been in credit more than debit so FD might argue you can have debit interest but then could they claim credit interest back? Can you help - which spreadsheet works out the 8% on fees and should I include this when I submit my claim for penalty charges now or do I claim the 8% at a later stage?

 

:confused:

Link to post
Share on other sites

Fumingmad thinking about your reply, I have been in credit more than debit so FD might argue you can have debit interest but then could they claim credit interest back? Can you help - which spreadsheet works out the 8% on fees and should I include this when I submit my claim for penalty charges now or do I claim the 8% at a later stage?

 

:confused:

 

This spreadsheet works out the 8% interest for you (it's the one on the link on the FAQ's I sent you) -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

I used the advanced excel sheet as this one gives you two spreadsheets - one with the 8% on and one without.

 

You only include the 8% amount when you get to the moneyclaim bit. Here's the FAQ for you for ease of reference :)

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

Data Protection Act request sent 03/08/06

Statements received 08/09/06

Prelim letter sent 12/10/06

Letter before action 27/01/07

Link to post
Share on other sites

You're well on your way now Tinhat!

 

One of three things will happen:

 

1. They'll reply with the standard letter saying we're sorry you've had cause to complain blah, blah, blah....here is a leaflet explaining our charges (which won't be included with the letter)...we're looking into it. We believe our charges are fair and are explained in our terms and conditions blah, blah. We'll get back to you by this date. Oh by the way...we are not prepared to consider repayment of debit interest. (90% likely)

 

2. As above with an extra para saying "However, FD is mindful of the irrecoverable legal costs associated with defending such a claim and for these commercial reasons alone and without admission of any liability whatsover, FD is prepared to offer you £££ (between 60-80% of your charges claim with no interest) in full and final settlement of this claim." (60% likely you'll get this response)

 

3. As above but offering 100% of your charges claim but excluding interest on the claim. (about 10% likely)

 

In every case - it will be your next stage (LBA) that will kick start a more realistic offer.

 

At least you're now on your way - of course they may just ignore your letter as they did with a friend of mine (Barclays).

 

Have a good easter and relax in the knowledge that you're on the right road to recovering - all - of your money. :)

Claim against First Direct - WON - 29th March 2007

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...