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    • just noticed that one of farages favorite poops was suggesting another stealth tax of 10 quid a month - possibly per person inc children ..   Minister proposed £10 monthly insurance-style patient charge to fund NHS dentists WWW.INDEPENDENT.CO.UK ‘Working people can’t afford another Tory tax rise,’ says Labour’s Wes Streeting   “They are framing this as some kind of pre-payment or quid pro quo, but of course, we already pay for the NHS through income tax, and in general that is a much more equitable way of doing it.” The DHSC declined to comment
    • All righty, seems I know why it was so quiet, basically the case was in transfer. I just got a letter from my local county court stating that they will be now taking over from Nots (dated 28 May 2024, wow) But no other correspondence so far. Will keep you posted
    • Hey,  I've messaged my husband but he is not contactable while he is in work. As soon as he is on his way home I will find out which finance company we used. I'm so sorry, I just don't know.
    • Okay, I have read your claim form. A pity you didn't come to us earlier. You haven't pleaded any legal basis for your claim and you haven't cited the Contracts (Rights of Third Parties Act. How long have you been aware of this forum? We will have to bring that out later when you do your witness statement. Once again, do the reading very carefully. I suggest that you wait until Monday before coming back here and confirming that you have read everything. And in particular, as I have indicated, read the thread which I posted above very carefully and in particular we the details of the contractual terms which were discovered and get a copy for yourself. Post a link to them in this thread as well for other people to see. They are relying on the fact that you don't have a direct contract with them and they are referring to a contractual term which is apparently in the contract between them and Packlink which specifically excludes third parties. You will definitely want to see this. They have tried to rely on this before but they have never produced the contract. In your witness statement you will have to request that they produced the contract in court. In terms of the mediation, frankly we would have advised you to decline mediation. It's all done secretively. Nothing is ever revealed and of course they will try to get you to compromise on the amount of money you are claiming. We would strenuously suggest that you don't give up a single penny. Do the reading that I have suggested, find the details of the contract which I have told you about which accepts direct liability to you, the customer – and post it here.
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    • 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
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DG Sols turn nasty - urgent help needed!


hunkydory
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Finally...my hubby who was frightened by HSBC and has previously been too intimidate to try and reclaim his charges, has changed his mind and wants to fight. HSBC offered him a managed loan for paying off his overdraft which had snowballed due to their charges (and caused him to default on other financial committments - what a frightening mess which nearly destroyed our marriage.) Several threatening letters from HSBC then D & G solicitors later, he has a Debt Management Plan set up with the CCCS who are FAB!

 

I am aware that just because the account is closed doesn't bar us from reclaiming charges. What we would like help on is whether the SAR needs to go to his old branch in these circumstances or to a central address? Any advice gratefully received : )

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  • 2 weeks later...

Well the S.A.R - (Subject Access Request) has been sent and has arrived so we are sitting tight and waiting to see how long HSBC will take to send the statements.

 

I know other people have claimed back credit card charges - am I right in thinking that you use the same LBA template for reclaiming them? Has anyone else been successful in claiming back CC charges from First Direct?

 

Both my hubby's CC and current accounts are now subject to a debt management plan as he was defaulted on both & the facilities/accounts withdrawn. This isn't a bar to reclaiming charges, is it?

 

Any help appreciated in this situtation!

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Hi Hunkydory, looks like your hubby was in the same postion as me i ended up defaulting on my HSBC overdraft and loan and other financial commitments and am also with the CCCS who i agree are FAB. I have the same questions as you really, i'm seriously think of going for my charges but does it matter that i still owe them money although this is with a debt collection agency now - i am willing for it to be offset against my loan as i just want to get my debt down a bit should i tell them they can offset it or just go for it in the usual way?

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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We are going to go for it anyway - nothing ventured and all that! Besides, I guess if we did ever get to court, the bank would be on a sticky wicket I think because it is their "penalty" charges which have caused his debt and for him to default. Besides, I like a fight!

 

Anyone know anything about barking dogs being a statutory nuisance, whilst I' m at it??

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well i've found out that a default isn't a bar to reclaiming charges and as you say it was there fault anyway i've sent off for my SAR so we'll be moving along at about the same pace so i'll check in with you from time to time :)

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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well i've found out that a default isn't a bar to reclaiming charges and as you say it was there fault anyway i've sent off for my S.A.R - (Subject Access Request) so we'll be moving along at about the same pace so i'll check in with you from time to time :)

 

Hey Boo82 - it'll be good to see how you are progressing too. It'll be nice to hold your hand, so to speak!

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  • 2 weeks later...

We now have all the bank statements (and coincidentally our post lady is now off sick with back trouble!!). Our cheque was also returned - how very kind!

 

I've totted up the charges but can anyone shed any light on "total charges"? Several statements have charges for card misuse etc & I understand what they are, but then in addition hubby has been charged "total charges" on his personal account. Can anyone help - 1. what are they and 2. can we claim them back as well as the other named charges?

 

If so, we are looking at a claim of more than £3K! Strewth! The charges are greater than what he owes them - no wonder he nearly went bankrupt!

 

Thanks!

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Hi Hunkdory just checking in, got all my statements also with my cheque returned! mines about £1500 and every bit of that will help! So lets go get them!

Natwest settled my claim today in full after just the LBA only £337 but it came at the right time and it's given that bit of confidence to go for the HSBC one dont think i'm going to be as lucky with them though!

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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Hey Boo82!

I've just got to finish imputting the last of the charges into the spreadsheet then its all systems go. Hubby is really angry now he sees how much he has been charged, which is good as previously HSBC intimidated him about it all!

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Righty-ho...after ages inputting into the spreadsheet, we have a grand total of £3,129 in bank charges. We aren't so worried about the interest but we do want the default removed, as well.

 

I've had a look and there are so many different addresses people send their LBA to. Which one will get the quickest response? Any advice appreciated!

 

Hunkydory x

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Hi hunkydory, I sent mine to the Arlington Business Centre address in Leeds, but I'm not sure if I got any quicker reply than any other address!! I know the Canada Square one in London gets a lot sent to them as well. Probably depends on who's opening the post that day!!!

Dani

 

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  • 3 weeks later...

Hi - any help gratefully received.

 

Earlier this year I made a request for repayment of charges for an 18 month period from jan 2005 - mid 2006 or just over £400. I was offered a settlement figure of just £40 short of what I was claiming so accepted it as I was rather pleased HSBC wanted to settle quickly.

 

The letter from HSBC stated that the payment was "representing charges in full and final settlement of this matter."

 

Now, having seen all my statements on line, I want to have the rest refunded from 2001 - 2005, which totals about £600. Does the wording from HSBC mean I can't, or as this is a new claim and was not mentioned in my earlier claim, does their wording only refer to the Jan 05-Jun 06 charges I reclaimed?

 

Heck - I don't even know if this post makes sense! My mum has just had a stroke so at the moment things are manic so excuse me if my syntax isn't great!

 

Thanks x

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Hiya, sorry to hear about your mum. I dont have an answer to your question but would love to see what people say. I am in the middle of a claim for £4900. I have another amount of £800 to claim after this one is settled, I didnt do it before because I didnt want to go over £5000 or the court fees doubled! Im more worried about the 2nd claim as Ive heard they shut your account after 2 claims! I also will be wary about what I sign when the first claim gets settled! Good luck, hope you find some answers x

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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Hi Hunkydory,

 

You certainley can make a second claim, but the is a small chance HSBC will pull the plug on you and close you account (often with 30 days notice) so . . if you have a hefty overdraft etc if could bite you !!

 

However you can open in advance a 2nd account with another bank, often referred to as a 'parachute account' then transfer everything that matters over and then go for the HSBC throat !!

 

Hope that helps !!

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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HD...if your letter was anything like mine ther is another bit to it where it says.."blah blah blah (like yours) arsing from the charges applied to your account in the period referred to above" and then in the first sentance of the letter were the dates between which I claimed..........

any help??

 

Babs x

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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HD...if your letter was anything like mine ther is another bit to it where it says.."blah blah blah (like yours) arsing from the charges applied to your account in the period referred to above" and then in the first sentance of the letter were the dates between which I claimed..........

any help??

 

Babs x

 

Yes it is! In my letter re the first claim I made it clear which charges I was claiming (i.e. between which dates) and I did not say anything about not making any future claims or claiming for charges preceeding the dates in my letter. Likewise I take their letter as meaning full settlement of the matter which was subject of my letter (i.e. the charges between the dates I gave).

 

Does that make sense? I am still in a tizz having popped to Tesco at lunchtime and being rammed in the butt by a kamikaze pensioner with a trolley...

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LOLOLOL @ you! I now the feeling of crazy tesco trolly drivers!

 

I think I get you but when you replied to accept their offer did you say that you were accepting payment for those charges between those specific dates?

 

umm....I'd say have a chat to lateralus or bong...they may be clearer than me on this but I think you should be ok...you were clear in your first letter about which dates you were claiming for so can't really see that its a problem....I might be wrong though.

 

:)

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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Basically, as long as you were clear about the dates you were claiming back charges from and to you should be able to claim the rest with no problems.

 

Presumably you sent some sort of breakdown of charges with your request, so even that can be used to show which charges you accepted the 'full and final settlement' figure for.

 

Shout if you need any more help.

 

Good luck :)

PLEASE READ THE FAQ's

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  • 2 weeks later...

Hello & Happy New Year!

 

Received a reply from HSBC who say..."our records confirm that on xx June 2006 a letter was sent to you to advise our policy regarding fees. Further to your claim for a refund of charges applied to your account, you signed a letter in full an final settlement of any claim against HSBC, aceepting an offer to refund a total of £380 of charges. This refund was posted to your account on 27 June 2006..."

 

I take it that this is just a load of waffle as the letter I sent accepting the £380 (against a claim of £425) clearly set out the dates for which I was claiming for?

 

To add insult to injury, they have now got nasty about my overdraft and...misspelt my name in their letter!

 

Any additional advice re wording the LBA?

 

Thanks!

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