Jump to content


  • Tweets

  • Posts

    • whitelist - the same with mine....the battery had a mind of its own. i bought it for my Son...he'd shut it down and it would be completely off but the power light would either stay on or flash...also it wouldnt start properly, had cmos errors on boot and other stuff.   i bought it through HP store on ebay ..brand new. after 6 days of receipt i recieced an email from HP asking if i was happy...i returned an email saying no and that i want to send it back as it was faulty (basically the email served as a reminder for me to leave them good feedback lol...not as a geniune enquiry to actually make sure i was happy with as they didnt reolve the issue when i was not) after trying to sort it for a couple of months with HP not replying, not offering a solution etc i finally got passed tech support who confirmed it was faulty. i then had to return it to their factory. this is where its gets beyond worse...waited 3 times for parcelforce to collect - they didnt. in the end HP sent me a label which i had to take to the post office - not good as im disabled with a mobility disability. then they asked for my bank account number to issue the refund. they hardly ever replied to my emails and it took over a month and a half to refund me once they had received the laptop back. no explanation, no progress emails, no updates. i kept emailing them on a daily basis as no one would reply to my emails through the website, forum, internal email addresses and even phoned 3 different departments who basically had no idea what to do or what was going on and did not help...they couldnt even tell me when the refund would be issued, let alone why it hadnt been done already. on the forums theres other customers who've had to wait 6 weeks , 2 months , over 2 months etc...it seems as though HP like to with hold peoples money to earn interest on the money in their account. i spents days phoning and emailing them - even sent a recorded letter. at the begining i phoned citizens advice and they said i am entitled to put back into the same financial position as before i lost the out of pocket expenses ie: compensation for my time and recorded letter sent etc. ive started a martin lewis 'resolver' case with them and basically in a snotty reply they told me im not entitled to compensation which is contradictory to what citizens advice told me. i was just wondering if theres any .gov website or law/legislation that i could reply with and say "no your wrong - please compensate me"
    • LBC is here. Complete with a note showing a phantom payment. What to do next?
    • I suppose it doesn't make a massive amount of difference as Kev has never had the guts to do court - well at least not yet - but to me the number of cards played still needs to be reduced.  Given the OP has already referred to the "very busy and overflowing car park" in the appeal I'd refer to that and tell Kev to go and look up case no.3JD08399.
    • thanks ftmdave again for the help with letter. thanks lookinforinfo for the info, im glad i found this forum as its a great comfort and relief to know ive dont the right thing as i wasnt too sure at first. and good to know what excel are really like.   thanks guys.
    • Hello!  First timer on here, discovered this amazing site and threads on debt issues only yesterday. After never having a bad debt in my life, almost 2.5 years ago I was scammed by my now-ex partner who calculatingly manipulated me into taking out a bounceback loan, 2 personal loans and a credit card.  He took all the money via ruthless deception, every penny, as well as the car (bought with unsecured personal loan) and all my furniture, personal belongings and even most of my clothes as well.  I'd packed up my life to move to another part of the country with him, only to discover he'd scammed me and been clever about it, so he directed the removal truck to a location unknown to me (never saw my stuff again!), and car is registered into someone else's name.  All this happened abroad.  I have won a criminal case against him abroad and he has been given a custodial sentence (which he is appealing while on bail), but it is difficult to get financial reparation so I am left with over £40k of debt to my name in the UK.    I am in my mid-50s, and have no assets whatsoever, I still live abroad (renting) and cannot afford to return to live in the UK due to the debts and decreasing income. It's been devastating and I've been struggling enormously since it happened (Jan 2022).  I have been suicidal at times. I was making combined loan/cc payments of £1300 monthly for over two years, but I'm self-employed (sole trader) and my UK-based small business has suffered 70% loss of income since Oct 2023 due to changes affecting government funding for the market I provide services to.  My income is commission-based, and has reduced to an average of £1200 per month. As I currently live abroad (outside EEU), I am not resident in the UK for tax purposes and haven't been for more than 3 years (my work is done remotely outside the UK, even though my clients are in the UK and payment is received into my UK bank account).  That means I am not entitled to an IVA or bankruptcy options.  My only option in terms of a debt repayment solution is a DMP. I maintain a UK correspondence address (my mother's home) and use this for my bank account, loans, credit cards etc.  I have only informed HSBC (bank acc) and one loan company that I moved abroad and that the UK address is only a correspondence address (been scared of potential consequences of informing them, even though I don't know what they could be or if there would be any). My worst fear is being taken to court, bankruptcy, etc, and my bank account and income being controlled and all surplus income above basic needs being taken etc, when I literally have almost nothing in life at this stage and desperately want to try to rebuild my life somehow and have some normality again.  Perhaps even move back to the UK if I can afford to. I've contacted all my creditors except cc (it's an HSBC card so am concerned it would affect my bank account with them.  I also bank abroad with HSBC and have global-linked accounts with them).  All interest has been stopped on my loans since April (period of 4 months on two loans, 6 months on bounceback loan with Pay As You Grow option agreed).  Continued so far to pay at least minimum payment on HSBC credit card.  I spoke to PayPlan yesterday and they've worked out a DMP paying £289.50 per month for 11 yrs 7 months, with annual reviews - not signed up to it yet, and concerned about customer reviews I've read about them demanding double payments a year or so down the line and not making payments to the creditors for long periods, etc.  Frightens the life out of me trusting them with the limited money I have - I don't want to go out of the frying pan into the fire in terms of stress that could last years, going by some of the horror story reviews. Considering the DIY DMP option, dealing directly with my creditors myself.  But not even sure going down the DMP route is the best option.  What do I gain from doing that? Sounds like I will still end up with an arrears or even a default record on my credit file even with a DMP, and I will be paying money I really need to help me get my life back on track, especially as I don't even have a full state pension entitlement - would be better used to pay missing years into that, surely, if I do have some surplus?  Either way, with or without a DMP, I won't be able to borrow so how would a bad credit score affect me anyway?  Seems like it could be best to allow them to go to default in the hope that it can all be SB-ed after 6 years. At this early stage, I know I will benefit from advice here about what route to go down and pros & cons/risks etc of: a) DMP with PayPlan b) DIY DMP c) Going down the default route in hope of debts being sold to DCA and not paying anything further with result that it is all SB-ed after 6 years. Struggling to pay off the loans for the next 11 years @ £289.50 seems daunting and such a long time, when I really need every penny to restart my life, regain some dignity, restore my mental health etc... I hope someone here help me make the right decision at this point, before I've committed to anything or have paid lots of money for years with little dent into the loans.... Details : HSBC Bounceback Loan (unsecured):  taken Dec 2021, original amount £9000, 2.5%.  Currently owe £4950.  Monthly payment:  £159.  Not missed any payments, but agreed PAYG option in April - full holiday for 6 mths, restart payments at £73.00 in October, term extended to 2030. TSB personal Loan (unsecured) - taken Aug 2021, original amount £23,000, 9.2%.  Monthly payment £475.  Currently owe £14,550.  Missed 2 payments. Interest stopped since April, no payments offered or made.  Situation to be reviewed prior to default - which will be after 4 missed payments). Sainsburys personal Loan (unsecured) - taken Jan 2022, original amount £25,000, 8.6%.  Monthly payment £514.  Currently owe £14000.  Missed 2 payments.  Interest stopped since April, made 1 payment of £50.00 on 7 May (offered to pay £50/month until situation reviewed prior to default - which will be after 4 missed payments). HSBC credit card APR 18.9% - £6900 currently owing, continuing to pay at least minimum payment (£180/month), not contacted them so far. Applied for Starling bank account, as advised by PayPlan to have a separate a/c from my HSBC one as they would have the right to take money from my account to pay off my HSBC cc debt if I stopped paying that. Sorry this is so long and a big thank you for reading down to the end!  I hope the detail helps with advising me on best course of action and possible/likely consequences.      
  • 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

Tom Brennan v NatWest - This is a must-read!!!


calvi36
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5916 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 have had contact with Mr Brennan. He is very secure in his beliefs and is focussed on what this case entails. Yes he could lose everything if he loses the case, but at least he has had the backbone to stand up for what he believes, which is more than can be said for many barristers and others in his position.

 

Re the Judge, he his giving 100% to the case. After a conversation with Mr Brennan after his initial hearing on 13th April i would guess the JUdge wants to do a complete job and I feel this will be the case.

 

Link to post
Share on other sites

  • 4 weeks later...
  • Replies 1.2k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Todays case is not the full hearing and as HSBC said before it will be a few months before this happens. Todays hearing is to se if there is a case to hear and if so what Laws will be used. When Tom updates his site you will be able to read his court papers and see for yourself the laws he intends on relying on.

But dont just stop your claim and wait for this hearing to take place months into the future. Keep in trakc with your claim as it is likely to be successful anyway whether Toms case is heard or not.

 

Link to post
Share on other sites

If the damages claim is unsuccessful this will not shadow the claims for the return of charges. It will attempt to stop others claiming damages. However, Toms action is surrounded by a good case and has some excellent points to rely on. The hard part is convincing the Judge that he was damaged by the effect of the charges whereas regular claims are based on the fact the charges are excessive, which are proven by the lack of defence evidence and not from a bank actually turning up and defending the claim giving strict proof that the charge of £30 - £39 actually is the loss incurred by the breach.

  • Haha 1

 

Link to post
Share on other sites

If Tom doesn't win it will mean that banks will try and use it to put us off.

They have been trying to put us off claiming for a lot longer than Toms case has been around and used many different tactics, another wont stop us!!

Lloyds called me today chasing an account which is £30 over it's limit.

 

I said I was claiming unlawful charges to which the operator said:

 

"But it's been proven now, we won a case last week, the charges are not unlawful"

Continue with the claim and forget what they said. The fact of the mater is 1000's of claims continue to be settled.

 

It just shows they are running in circles and have no idea what they are talking about.

Very true!!!

 

1970.

It really is important that we get this matter into perspective. Toms claim is for damages. It is not going to make anything different for claimants like ourselves unless the Natwest turn up and provide evidence of the charges being reasonable and that will not happen as we all know they cannot justify charging that amount of money.

If i can offer any advice to anyone reading this thread is to also read Toms site for a true view of what he is doing. It was never about how much he lost....he was offered a lot more than the charges he was claiming (does that not tell you something)....it is about the damage he suffered due to the loss. Please please read the whole story.....its a true insight into a very interesting case and one that could shape the future for claimants who lost a lot more than a few quid in charges....people who lost homes through repossession after extortionate chartges were applied (see the mortgages forum for many stories)....people who lost faith and committed suicide through the banks extortionate charges (I am personally unfortunately aware of one case of this)......people who had nothing to feed their children with due to banks taking benefits for charges and not understanding the legalities behind it (a lot of banks do not understand the right of appropriation or the facts of the Social Security Adimistration Act

Social Security Administration Act 1992 (c. 5)

So by all means post queries, thoughts and questions on the case but please lets stop the scare mongerering and focus on the real issue :)

  • Haha 4

 

Link to post
Share on other sites

Well you say such good things and it rings true with a lot of people, so keep it up!!!

 

Mistermind with regards to my comment ab0out the whole story, I actually meant this thread and not the site of Toms, although that has a fantastic run down on there. I wanted people to stop worrying and causing others to panic by reading the whole of the thread, like you and I have for instance, and not just the last few pages.

 

Have to say Im loving how this is panning out for a thread.....even Vanessa Feltz has had a mention or 4 lol!!

 

Link to post
Share on other sites

Waiting to be shot down in flames - but I used to work in the arrears department of a large building society many years ago - and the attitude then was completely different - we were trained to try and help people that were in trouble - and court was a very last resort. Although it was at the time of high mortgage arrears due to high interest rates the job satisfaction was not i assure you to see people out on the streets- but if you could help and come to some arrangement you felt you had succeeded in your job. Part of the reason i left was because the attitude of "the customer always comes first" changed to "sell what you can" It was a harsh time then for the staff who knew what they were dealing with (high rates etc) and many people on here understand that a lot of bank staff are only doing their job.

 

We would never ever consider lending the high salary ratios that are available now - and also the shop credit cards and general easy availability of credit was not such an issue.

Its a disgrace now as the more credit you have the more they throw at you.....my dad is 78 and still gets calls on a monthly basis to take a gold visa!!

 

I feel really sorry for young people now as i feel they really need a constructive lesson in school at a young age about borrowing/savings interest rates etc. I know they may think it is boring but it may make them realise what they are getting themselves into when every time they go into a shop they are offered more credit.Also there should be more instruction about what to do if you get into financial trouble - as there does not seem to be much help.We all tend to put our heads in the sand /not open post etc and get frightened- where as we need to ask for help as soon as we can.

Its a shame that we leave the biggest lesson of life, money, to chance. However the latest news is that Government are going to put forward financial classes to be brought into the curriculum, possibly under the guise of Citizenship.

 

Before everybody fire bullets at me - I am claiming back my bank charges- I think this site is great - and I have been through some hard financial times in the past.I wish this site was around then - so my way of helping will be to spread the word to help others.

You will be more welcome than you can ever imagine

But also I think that you should remember that some people on the site are also employees of these institutions and even they fall on hard times in their lives - they are human beings too.

We agree with you toally and we do not condone the abusive treatment of staff that some think is ok. We all have to make a living

 

going to hide in my bunker now

 

jansus

 

Please dont. You are welcome, like Zoot has said before me. You will be so useful to the members who are having to deal with arrears, maybe in the mortgages section if that was your area of expertise....i and many others will look forward to seeing you there :)

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...