Jump to content


  • Tweets

  • Posts

    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
    • I'm not quite out of the woods yet. The email they sent me also said that I have £290 of arrears and it has been passed onto their collections department. If anything my account should be £10 in credit.  They haven't taken into account the trainers that were returned back in October. The other items have been credited to my account so it looks like I've still got work to do.  They are not very quick to reply to emails, although I've only sent one trying to find more information, and I have no idea what happens next. Half of me want's to get it sorted properly the other half just wants it over with, if that means a default then so be it. 
    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
  • 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

YV v HSBC - Defence to Claim Filed


YV01
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6193 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

Hi, received a letter from Northampton County Court yesterday. It says a defence to my claim has now been filed.

 

On the second page: "It is oredered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise." I have also received a copy of the bank's Defence and Counterclaim sheets.

 

What is my next step? I presume I fill in the AQ, but I have not received it yet. Does this arrive separately?

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

Hi,

 

It looks like you may not need to fill in an AQ look like the courts are now trying to bypass the AQ due sheer volume.

 

 

Have a look at lateralus thread New---after 28 Days - Maybe No Aq!!!!!!!

 

 

And my thread No AQ - Straight to PRE TRIAL REVIEW

 

By the sounds of it you are about 1week behind me in the process

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

Link to post
Share on other sites

Cheers, just saw Laterus's thread. My Notice of Transfer of Proceedings was actually 29th March. But had it sent to me here in N. Ireland via Manchester. That's why I only received it yesterday.

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

I Think you will in a week or so get another letter from the court which will be a Date for a Pre Trial Review (PTR). Id would not hurt to remind DG Every now and again on the very first post of lateralus thread there is a sample letter it's well worth sending that as you next setp.

 

Keep going your Nearly there !!!

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

Link to post
Share on other sites

Cheers for the advice.

 

Should I also mention in my letter to DG about getting the default notice against my credit record lifted?

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

I had on my original Letter to HSBC I actually got two defaults

I dont think it would hurt to ask them.

 

Going through a debt managment plan with CCCS (absolutely saved my life) They advised I make all payments to them the would deal with HSBC which in effect they did.

 

One for my managed loan and the other - get this my normal account which they were taking the payment from which had a 0.00 balance the refused to cancel their internal standing order on two separate occasions.

 

Therefore every time the the tried to take payment I got charged after 6 month the told me that the were closing the account total of £300 in charges and a default on my credit file.

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

Link to post
Share on other sites

  • 3 weeks later...

Right folks, I'm starting to get confused again with all this AQ and no AQ business :confused: :confused:

 

I did not have to fill in an AQ so on the 7th April I sent DG Sols a letter that I'm willing to accept blah blah blah!!

 

What's my next move? Do I just sit back and wait or should I push them a bit more?

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

Hiya yv,, have you received a notice of preliminary hearing... that seems to be the next step.... just received mine in post yesterday!! I take it you've sent your 1st nudge letter to dg... I suggest you send another after 10 days... I sent my first when I received notice of transfer! and Have just sent my 2nd nudge again stating I'm willing to accept ???

 

to be honest since I started this claim in Feb, I've not received anything from hsbc.. or dg (only through mcol ) have only spoken to dg twice as apparently its not a good idea to pester them (poor things are inundated with all our claims lol)

I've not received an aq either?

Link to post
Share on other sites

Yeah I sent them the 1st nudge letter when I received my notice of transfer. Just drafted up a 2nd one which is ready to go. I'm still adding an updated total including the daily 8%. Is this ok to do?

 

Is there a time limit on when DG have to answer now, or is it up to the court to push them?

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

hI,, YES Keep adding the 8% !!!

 

when you receive your notice of prelimary hearing the date on that..... think that'll be the time limit dg have to settle your claim.... ?? I hope so anyway... my prelim is on 14th june.... ages away... :( could do with money right now!!! Think I'll be sending a nudge every week now!!

Link to post
Share on other sites

Cheers, will post my 2nd "nudge" on Monday then give them a nudge every fortnight or so. Could do with the money sooner rather than later as well. :)

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

  • 1 month later...

Hi everyone,

 

Just finishing up my court bundle. Has to be in for next Friday (22nd) but hoping to get it away this coming Friday. For the OFT report, would it better to include the summary or the full report?

 

I already have both versions printed out so it means little odds to me. Just not sure what would be better.

 

Any help would be gratefully appreciated.

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

Bump!!

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

Court Bundle sent off this morning, recorded delivery. Has to be in for 22nd June, but thought I'd get in there early in the hope that DG will cave in.

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

Still no news. Have to wait til I get home to see if there's anything in the post. Don't know if it's worth ringing them as any other time I've phoned I've didn't get speaking to anyone :D

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

No news yet. The bundle had to be in the court for 4pm today (22nd June). Was away all day so didn't get a chance to ring. Might ring the court on Monday morning to see if they received DG's bundle.

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

Hi folks,

 

Received a letter from DG Solicitors this morning. Basically they've offered me £30 less than what I've been claiming for. My court bundle had to be in for last Friday (22nd June). I phoned Manchester County Court this morning to try and find out if DG had their paperwork in, but nobody seemed able to answer me.

 

Anyway, I think I'm just going to accept the offer. What do you all think? I've a date set for court on 6th July, but accepting now should save me from booking a flight to Manchester.

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

I like the bit they added in the letter that "I agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential."

27th October: Data Protection Act 1998 Subject Access Request

8th November: Letter received from HSBC - Statements to follow

9th November: Bank statements arrive

12th January: Preliminary Approach for Repayment

22nd January: Letter received from HSBC - they will be looking into matters raised

30th January: Letter Before Action sent

24th February: Letter received from HSBC (dated 6th February) offering £240

28th February: Claim issued via Money Claim Online for £326.28 (including 8% interest)

1st March: Letter to HSBC declining offer

5th March: Notice that Acknowledgement of Service has been filed

29th March: Notice of Transfer of Proceedings

25th April: Notice of Allocation to the Small Claims Track

15th June: Court Bundle sent to Court

25th June: Offer received from DG Sols.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...