Jump to content


  • Tweets

  • Posts

    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
    • Just the sort of people you despise eh Jugg  You would be much happier among your mates in that room with Rayner begging for votes 
  • 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

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


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

Thread Locked

because no one has posted on it for the last 5903 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 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

  • Confused 1
Link to post
Share on other sites

  • Replies 604
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

Link to post
Share on other sites

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

  • Confused 1

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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 !

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

  • Confused 1

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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!

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5903 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...