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    • It's been a while since I had my head in this subject area, but Carey v HSBC was based on determining what the creditor could do to fulfill their obligations when issued with a s.77/78 request by the debtor. It determined that a reconstituted agreement would satisfy the request, so long as it was a true copy. It does not mean the agreement is enforceable if put before the courts. The debtor could, if provided with a recon, decide to accept it and carry on as normal, or dispute it (and potentially withhold payments until the dispute is resolved - if ever).   You are in the position of disputing the recon as being properly executed (amongst other things), which is now at the stage of being put before the court to resolve. Your protection is s.127(3) of the CCA 1974 (repealed in April 2006), which states:   s.127 (3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).   The above is what makes a recon unenforceable in your case - but, you need to make a positive assertion to that effect. Whilst DX says Carey is not applicable, I think it's relevant. It explains the role of a recon in law, and it also explains what a properly executed credit agreement looks like, to the extent that could be declared enforceable by an order of the court. It also confirms that the creditor can continue to attempt collection of the debt, but they have no means of recourse through the courts. I would certainly be quoting Carey in support of an assertion that the claimant's recon is unenforceable, and s.127(3) prevents the court from making an enforcement order where s.61(1) was not complied with - as appears to be the case. You will need to spell it out for the court within your statement though. If the claimant is relying on their recon as evidence of their compliance of s.61(1)a then they fail comprehensively due to... (list the points) ...look up what the required prescribed terms are and list them as not being present (the text cannot be read, so they cannot be said to exist on the agreement), and also that all the terms are not contained within the one document (Carey case goes into this in some detail).   You can also throw in your other points relating to the balance and reference numbers, default notice, etc. Pull their case apart with as many arguments as you can. Explain why certain things are needed for the claim to succeed and how the claimant's case does not stack up on those points. Force the claimant to defeat your arguments with appropriate proof/evidence. Cast doubt in every direction you can, but properly support your arguments.   Hope this helps.
    • Am I right in thinking your brother is the keeper of the vehicle, and so VCS are suing him - but you were driving on the day?  In your first post you wrote "I received a PCN" but did you really mean your brother did?   if so, you can prepare the paperwork in his name if you want, and a decent defence later on will probably lead Simple Simon of VCS to wet himself and give in (if you look through the forum, there are very recent examples of this).   However, in the unlikely event that VCS go all the way to court, it will be your brother appearing, so it'd be a good idea if he too started to learn the legal procedure and how to beat these fleecers.
    • 100's of no stopping threads here  just use our search top right   get reading up.    
    • plenty of our two - five line generic defences here already   but you are far too early yet to bother about defence.   your job now is to get reading up any/all PCN claimform threads here in this very same forum get upto speed.    
    • i cant find any ACDB T&C's here yet    
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Happygilmore

Happy v HSBC

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I dont know if i should print my statements off as i just browsed through each month online and totted up the charges , came to £2991 :x

Sent my prelim letter off yesterday so the clock is now ticking.

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i just did as you have, gone through them all online and put them into a spreadsheet, for possible future reference, sent mine of yesterday (£4115 :mad:)


HSBC- £4995, settled payment in full

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

 

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

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Good luck with your claim maverick :)

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who did you send your preliminary to?


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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Just addressed it to the Branch Manager of my local branch.

Then sent it recorded delivery.

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Hi Happy,

 

For calculating the charges online statements is fine. However, the DPA request asks for notes and evidence of manual intervention. If there has been evidence of this, the bank could justify their charges by saying they had to 'work' on your account.

 

My suggestion would be to make a DPA request ASAP, but start to calculate your charges anyway. It is unlikely you will get more than statements from HSBC anyway...

 

Once you are 12 days into the DPA request, you can issue your prelim, safe in the knowledge that if the bank does provide this evidence, you will be in a position to consider whether to raise a claim or not when the time comes.

 

Good luck and keep us posted.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Ive already sent my prelim letter off , do you think i should send a dpa request tomorrow then just delay my LBA by a few days?

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Yes - that sound about right. Don't forget - the option to raise a claim remains with you, so you could do letters one and two, and then wait until the DPA 40 day limit is up before raising your claim. Don't forget to allow a couple of days for the bank to receive the DPA letter, include the stautory maximum £10 fee, and send it recorded delivery to your local branch.

 

Good luck.


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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Yes - that sound about right. Don't forget - the option to raise a claim remains with you, so you could do letters one and two, and then wait until the DPA 40 day limit is up before raising your claim. Don't forget to allow a couple of days for the bank to receive the DPA letter, include the stautory maximum £10 fee, and send it recorded delivery to your local branch.

 

Good luck.

 

Oh bugger! I didn't do that! Added up charges online and then went straight to Preliminary! Mentioned manual intervention aswell! Is this going to screw things up for me????


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I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

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Oh bugger! I didn't do that! Added up charges online and then went straight to Preliminary! Mentioned manual intervention aswell! Is this going to screw things up for me????
Probably not - as I say, HSBC are not likely to send anything more than statements.

 

However, you could do as I suggested to Happy: send of a DPA request ASAP, but continue with the rest of your timetable. Just delay raising your claim until the 40 day deadline expires. That will prevent any nasty surprises after you have raised your claim...


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

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I didnt get any kind of reply from my prelim letter and the 14 days will be up tomorrow.

Will be posting LBA tomorrow afternoon.

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Recieved letter from bank saying that they have stated their position in previous letter so starting claim with money claim although having a few problems with particulars of claim.

When clicking the reserve the right to claim interest tab i get pop saying

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

where it says {put the amount} is that the total amount of my claim including interest and also what do i put in {enter the daily rate of interest}?

Hope someone can help me out , thanks in advance.

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where it says {put the amount} is that the total amount of my claim including interest and also what do i put in {enter the daily rate of interest}?

Hope someone can help me out , thanks in advance.

 

No, this is the amount of interest at 8% on your total charges from the date of the first charge to the date you submit the claim

 

Daily interest is total charges times 8% divided by 365, which is added for every day between the date you submit claim and the date the claim is settled.

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Would my total charges be including the interest?

If so it works out to be 3753.85 x 8% /365 or if it doesnt it would be 3133.50 x 8% /365.

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No, it's the total of just your charges times 8% divided by 365

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The daily rate is the claim amount x 0.00022

Your claim is roughly the same as mine, so it's going to be about 75p per day.


 

 

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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That would make a daily rate of £9.27 , does that sound right?

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That would make a daily rate of £9.27 , does that sound right?

 

That's a great daily rate, if only it was true!!!

 

:D


 

 

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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works out to be 82p :) , £9.27 sounded a lot nicer though

 

One of my fav films karnevil :)

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Excellent!

Your money is very close now, about 15 to 20 days tops.

Can you smell that cash?

 

Crusher :-D


 

 

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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Recieved a letter today from D G Solicitors reading :

Dear Sir

Re : Yourself v HSBC Bank plc

 

We have been instructed in relation to your claim you hvae recently issued against hsbc. To enable our client to consider your claim please supply a breakdown of the amount you are claiming.

 

 

 

 

What do i send them? A complete list of every individual charge or just what the charges total up to and then seperate list how much interest i am claiming?

 

Also recieved letter from moneyclaim saying that Acknowledgment of Service has been filed and then ive got a copy of the Acknowledment of Service.

D G solicitors

12 Calthorpe Road

Edgbastion

Birmingham

Are the solicitors involved and they have ticked the I intend to defend all of this claim box.

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They should have the full details of the amount claimed then shouldn't they? Hopefully a moderator will be along to advise you but if the same solx are acting then they should have received full details of the claim, they should have it?

 

x

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Absolutely positive it is stalling tactic Karnevil....

 

...this site makes me wonder if I am going into the right profession - I went in thinking I would be upholding law and seeking justice:?

 

Sorry to hijack your thread Happy and Good Luck though.

 

x

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 274 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.

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