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    • Hi, There is quite a lot regarding my current issues, I shall try be as clear and concise as possible. Dec 2008 - unemployed, applied for £250 credit card from Capital One. Jan 2009 - accepted for £1000. Credit card maxed in a matter of days mainly on gambling and drugs. Called after 5 months activation to remind them I was unemployed and the card was unaffordable. Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments. 2010 - credit limit raised to £1600 without my request. Again all spent on gambling and drugs. Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites. 2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card. Me and my mother ask for account to be closed but this does not show in notes. Called back once to query any PPI. 8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card. Again spent completely on gambling £1600+. Many payday loans taken out to try pay back. StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable. Debt being chased by Apex. Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise. 2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received. Oct 2016 - Dispute letter sent to Cabot. 2018 - CCJ issued. Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me. Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One. Clear written permission to take to Financial Ombudsman. March 2019 - Court, threatened with prison or full in AoE form. Form filled in. £50 a month taken from wages by Morgan Clarke. Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation. Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral. Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31. No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc. Lots more issues and lots of evidence. Don't know where to turn.  
    • Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.   From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999.  It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach.  The CRA also introduced a "fairness" test.  Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".   A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
    • scan or keep everything they have  6yrs. do not move without informing them.    
    • Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..   Rgds Tom
    • I did notice it wasn’t from the actual Solictors who sent the pap form
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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 ;)

 

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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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????


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

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.

Tesco - SAR 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 272 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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