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    • Is this correct ?
    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
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HSBCrusher

HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!

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I have been reading this fantastic website for a while now. I extracted the last 6 years' worth of information out of HSBC, and there is quite a whack of money taken, nearly 3 grand in total.

I have sent off the first letter (that was in your library), then I sent off the LBA 14 days later (got a rubbish standard "we are dealing with your complaint blah blah blah... and a nice leaflet as a reply). There is just over a week to go before I put in a claim in the small claims court.

Am I right, but does anyone think that these guys have been actually cranking up the charges the past few weeks? :x

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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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Good luck with your claim.

 

To be honest, I don't think the charges have changed - in fact they haven't changed anything at all. The systems are still automated, and they are still charging £25 a time, in defiance of the recommendations made by the OFT.

 

Best course of action is the one you are taking - don't let them divert you...you are about a fortnight from your money.


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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Hello! great to meet you.

In my case the charges have not really gone up, it's just they seem to be applying them more, with tactics, making sure you go over just a little, and then bounce everying else. So they get their £125, and then lots of £30 bouncy charges, (or those "card misuse" fees, definitly some sort of penalty rather than cost) very profitable. Funny, they then bounce all payments except the bank charges. If there are insufficent funds to pay your car insurance, how is there enough to pay the charges?

In any case, the only reason there is not enough money is because of last months harvest.

:-x

Just one other thing- do you think they are likely to close my account?


 

 

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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Hello! great to meet you.

In my case the charges have not really gone up, it's just they seem to be applying them more, with tactics, making sure you go over just a little, and then bounce everying else. So they get their £125, and then lots of £30 bouncy charges, (or those "card misuse" fees, definitly some sort of penalty rather than cost) very profitable. Funny, they then bounce all payments except the bank charges. If there are insufficent funds to pay your car insurance, how is there enough to pay the charges?

In any case, the only reason there is not enough money is because of last months harvest. - :D

:-x

Just one other thing- do you think they are likely to close my account?

 

dont worry about it , you can put all these extra charges onto your claim if they have come out of you account by then, if they havent, then its pretty easy to get them back in the future , now you know what to do;)


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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Thanks for your encouragement.

This really could be quite good fun.

Anyone out there had their account closed over a claim?

Or is it usual for it to be left open?


 

 

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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dont quote me on this, and i havent read all the threads for other banks, but akaik no-one has had their hsbc account shut down

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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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Some have had their accounts closed as a condition of payment (not neccesarily HSBC though), so it is always wise to have a parachute acount open ready and waiting, or even better, just switch anyway!!

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Here we go.

I have this morning received the standard "you still get free banking blah blah why are you comlaining blah blah we do not agree the charges imposed by the bank constitute a penalty clause blah blah blah" from a Mr Johnson. I have seen this standard letter already here on this website, so I am not deterred.

It ends "I hope that matters have now been resolved to your satisfaction." How can it be? Where's my money?

Not a penalty clause? Why call the charges "card misuse fee"? The word "misuse" surely implies just this?:|

Do I just put in the claim on the 14th day, or will another letter be needed about how I am now on the phone to the local papers.....: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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OK. As long as you have done the initial letter and the LBA, stick to your 14 days and go to Moneyclaim.

 

As for closing the account.. they didn't close mine !

 

I had a parachute account ready and got the new bank to do all the transferring of DD's etc. just in case.

 

My new bank offers a much better overdraft rates (not needed now :)) and pay over 4% gross interest (better then the 0.1% HSBC paid me).

 

Remember, the banks are playing a game, the same as you. It's like a game of bluff, double bluff and chicken all rolled into one. Keep your nerve, follow the guides on here and you will be fine.


Been through the system. Keep going... it works !

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I have had a peek at some other letters on this site that have been written in this instance, this is a cut and paste type letter I am going to send.

Should I bother, or should I just go ahead and claim?

I suppose another letter would show I mean buisness, and could result in a pay out?

 

 

 

Dear Mr Johnson

 

Many thanks for your letter dated 26 May 2006.

 

I am dissapointed that you will not return the money you have taken from my account.

 

My claim is for £XXXX.XX in punitive charges unlawful in Common Law.

 

I shall be sticking to my original timetable, giving the bank until 6th June to satisfy my claim in full, and unconditionally. If I do not receive a satisfactory response from you by this date, I will proceed to issue a claim for recovery of this sum in the courts, plus additional charges you have made recently, plus any costs, plus £XXX.XX in interest

 

 

Yours Sincerely


 

 

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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i wouldnt personaly, sticking to your original timetable shows you mean business, the faq's are pretty clear on this, submit your mcol now, and you'll have your money soon enough :)


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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I am now in the process of filling in my moneyclaim form.

When you kick the box concerning claiming interest a message comes up saying that I should include this wording...

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}.

What do I enter for the last bit, daily rate of interest?


 

 

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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Take your total claim amount (excluding Court fees etc), multiply it by 0.00022 - this is your daily rate of interest.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks Barracad.

This is very stressy!

All saved, just have to click submit on Tuesday.... and off it goes.

If this works out, I will be claiming against loads of other cards/accounts.


 

 

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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Moneyclaim sent off today, processed for tomorrow.

What a pain trying to fit it all in the box! (24 lines)

Reading around, I feel it might be a good idea to send the bank a recorded delivery letter telling them I have taken this action (so there is no problem with the bank saying they didn't get a chance to fight!)

:D :D :D :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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Sorry to hijack but am I missing something with the interest calculation? If the daily rate is 0.00022% then that x 365 = 0.0803. Isn't that 0.08% per year? I thought 0.022 x 365 = 8.03% would be the right calculation?


Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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Sorry to hijack but am I missing something with the interest calculation? If the daily rate is 0.00022% then that x 365 = 0.0803. Isn't that 0.08% per year? I thought 0.022 x 365 = 8.03% would be the right calculation?

 

The daily rate is the claim amount x 0.00022 (which is the same as x 0.022%)


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I used the 0.00022 calculation, it works fine, about 75p per day on three and a half grand.


 

 

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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Best course of action is the one you are taking - don't let them divert you...you are about a fortnight from your money.

 

Just got a letter back from the court, they intend to defend.

They now have 28 days in which to offer a defence.


 

 

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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Just got a letter back from the court, they intend to defend.

They now have 28 days in which to offer a defence.

 

This is the stage where i will be bricking it. Cant wait though!

 

Good luck.


:)HSBC Current - Prelim sent 2/6/06 £1060 Reciept confrimation 5/6/06

:mad:HSBC Credit - Statements requested 6/6/06 - I reckon around 500 notes.

;)NATWEST - Parachute account opened 4/6/06

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Thanks Mike.

They are counting on people giving up at this stage.

This is so unfair that folks have to go through all this to get money back that was taken illegally.

:mad:

I will be going the whole way, so watch out HSBC, Crusher is coming for you!

: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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i personally think youve got 6 days max before you get a nice letter from dg saying "well we're not wrong, but here, take loads of cash and go away" :D


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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I hope you are right.

wish me the best! :D

By the way, I have noticed by the side "rep power" below number of posts.

What is rep power?


 

 

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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I hope you are right.

wish me the best! :D

By the way, I have noticed by the side "rep power" below number of posts.

What is rep power?

 

im not sure to be honest, ill ask the mods


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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Hi Crusher,

 

Looks like we are on an identical timetable. However, I'm not sure if you were offered anything before taking it to moneyclaim. For some obscure reason, they offered me over 80% of my original claim, which just seems stupid that for the sake of another £200, they could have saved themselves court expenses AND interest.

 

Oh well, it suits be, the interest alne is £400.

 

Maybe we'll get our money back on the same day?!?!

 

 

All the best, I'll be watching...

  • Confused 1

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4210 days.

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