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    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccessful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • I will admit one thing but please please please, its not time to start blaming me, but it was covid peak I had my sister unwell, and initially did try mediation. That was part of it. the other reason was that the private parking appeals company who had written my defence and had a latter of authority just vanished and were uncontactable. so when I received the DQ, I was panicking and worried about covid and sister that I decided without admission of any guilt or that i owe them anything to go for mediation. However, that was unsuccesful.     Please Please its not time to start blaming me because I am a lay person and not familiar. However, I do ant to get this in time.   Finally, I will visit the site tomorrow and see if I can get any photographic evidence of the signages.   I have got a copy of the leasehold of the land from the registry.   I have also emailed Dudley council to see when the PPC applied for permission for  putting up the signs as well as permission for the ANRP. I sent it today so wont be ready for 18th January.    Not sure if we can get a bit extra time though because none of the two documents that I will be uploading  have reached me by post. they have been emailed to me by their legal team    Thankyou for all your comments.    
    • lastly did you send a CPR request?   Sorry I know CPR stand for civil procedure rules but the last thing i sent was the DQ to the court and the defence.
    • Thankyou dx   I have now redacted the claimants first WS   I have also redacted the bindle which contains the claim form and my defence   I will upload but just one last check please     The date of the alleged contravention and the times are all visible. Also, on the photographic ANPR the times are also visible.   The various hearing dates are also visible except the exact time of the day.   Is that OK or do i need to remove some of this info?    
    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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