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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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Reclaiming Charges from HSBC


bassett19
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Hi All

 

 

I am eagerly awaiting the 14th day from when i sent my letter to HSBC threatening court action. I am preparing my Moneyclaim form online. Can anyone advise from when does the 6 years i can backclaim start from? is it the date i orignally wrote to hsbc requesting the charges back or the date i begin the court proceedings?

:?

i would greatly appreciate any help on this

many thanks

 

hopefully £1800(including the interest!!) better off very soon

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HI Bassett and welcome

 

Why just stop at 6 years? Have a read of http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html#post712882

 

But if you are just doing the 6 years then yes, from the date you wrote your first letter to HSBC, give or take.

 

Good luck with your claim :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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okies :)

 

feel free to ask away as we're all here to help and have been where you are now, some of us a few times ;)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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don't want to rayne on your parade!!!! but the solicitor's balk every time at charges going back six years beyond the date of the mcol claim.

i don't like it and i don't agree with it - but it's the date they seem to go by. surely - common sense would be from the date of the first letter - but that's not their view.

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evening lattie, wondered when u'd pop up lol

 

looking through a few threads i've noticed that and have myself done it from the date of the first letter...u reckon they'll still go with the limitations thingie even though it's been blown out of the water now?

 

oh, had a look at my user cp as per ur suggestion in my thread...private messaging was already enabled, so not sure why it should balk at me...but i get that a lot :(

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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i see it all the time - bank says they won't pay those first couple of charges - so, my suggestion is - if you have any to add on - try to negotiate the newer ones in if they say no to older ones - they can't have it both ways - if it comes to that - i'll help with a letter when your time comes (sounds so serious!!!!!) is it working now - i'll pm you to see.

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  • 2 weeks later...

Hi Helpers

 

Have done the Moneyclaim thing and have just recieved " Acknowledgement of Service " completed by Kate Eaves at DG Solicitors.

 

Am i best just sitting tight now and waiting to hear from them or should I do something now

 

Would much appreciate your advice.

 

Thanks

Bass:)

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They should now file a defence, after which yours will be transferred to your local court, so expect a Notice of Transfer of Proceedings sometime in the next month or so as they have 28 days from when they are served to actually file their defence. Send a copy of your Schedule of Charges to DG and one to MCOL to be attached to your claim.

 

Up until fairly recently they were issuing AQ's but these have been pretty much dispensed with now.

 

Best bet is to have mooch about, read up on some threads that are just ahead of your current stage and bring yourself up to speed on what happens next.

 

Hopefully, IF I've written enough here, there should be some useful links in my sig that it would be worth have a butchers at.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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  • 3 weeks later...

hi all,

 

have sent copy of charges to DG and court, suggesting to DG to settle propmtly for full amount without need for any further court intervention. Still havent heard anything but wondered what impact the Lloyds Tsb case is going to have on future cases.

 

Thanks for al the help, I would be really worried without the sound advice and help i get here.

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  • 2 weeks later...

hi peeps,

sorry lots of questions but finding the waiting very hard!!!

 

should i have recieved acknowledgent from the court that they recieved my summary of charges?? also should i still just be sitting tight, the MCOL is still is the acknowledged stage, they have till 3rd april to enter a defence. if they dont is it advsied to do the default judgement thingy??

 

i feel like i should be doing something, is it worth writing to HSBC directly again?

 

thanks all

bass

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no writing to hsbc - now that you've filed you claim - you are dealing with dg - their solicitors -

you don't usually get anything now apart from at the end of the 28 days when you will get a notice of transfer - to your local court and a copy of the bank's defence.

 

did you send your breakdown to the court to be attached to your claim - if not - go ahead and do that now -

and did you send one to dg - if not - go ahead and send one now to kate eaves.

 

when i said to nudge in an earlier post - i wasn't paying attention - we dont start nudging until they file their defence which if you filed around 4 may, then it was probably "served" around the 8th and they have 28 days from then so it doesn't have to be defended until about the 7th June -

 

i know it's hard to wait - but you must - and in the next period there's more waiting. think of it as a hobby that is going to bring in some dosh down the line a bit.

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hi all,

 

i havent heard anything from DG and have now reached the 28 days so could request a judgement. Is this the best course of action. I have read somewhere it may not be as DG could still enter a defence and the judges arent keen on making a judgement when no defence has been entered.

 

any suggestions?

 

thanks

bass

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You will probably find that DG ahve entered a defence at the last possible moment and MCOL have just not updated the system. Wait a couple of days and check again, you will probably see that the defence has been filed. If the defence has been entered your case will then be transfered to your local court and you will receive notification of this from MCOL in a few days.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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well done Jowalshy go to the top of the class!!!:D

 

have just checked MCOL and yes your right. I am again going to sent summary of charges to DG and Court as recieved no acknowledgement to either before the letter also asks to settle promptly out of court for the full amount. Will do it recorded this time as naively didint last time!!!

 

any other pearls of wisdom to offer on what i should do?

 

thanks

Bass:confused:

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progress today

 

have recieved an offer from hsbc, albeit about 60% of one of the two claims. it does not include interest and is a without prejudice offer as they expect to be sucessfull in court blah blah blah.

 

i would be willing to accept an offer though clearly not this amount, does anyone have any idea what sort of % would be a realistic amount for them to go to ??

 

also do i now correspond directly with hsbc?

 

thanks again

bass

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i think 85-90 is more usual for the first offer - it was spot on 85 on mine - first before i filed mcol and then another 85 after from dg including the interest - still only 85, we usually say that offer is just a week away from a full offer.

 

your offer came from the bank - a late offer in response to your letters -

write back saying thanks, but no thanks, i've filed now. and i'd send a copy of it to dg with your breakdown and a little "i see you've filed a defense, so here's my breakdown..... just a little introduction to them.

 

your dealings will all be with dg now.

 

but write to whomever sent the offer saying - too little, too late (politely, of course).

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thanks lateralus,

 

have written to hsbc, thanks but no thanks and will also send a copy to DG, have revcieved transfer of proceedings today from the court but no aq required. do i just have to wait now or should i be replying to something?

 

thanks

bass

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MCOL do seem to be doing away with the AQ's wherever they can so this doesn't come as any great suprise.

Just need to wait for further directions from the court now!!

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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if you haven't already sent that copy to dg - look up in post 11 - that link i gave you gives you some ideas for letters to dg -

my advice is one every 10-14 days from now until they make an offer -

you could send dg a copy of that letter and a copy of your breakdown with the nudge letter that says i see the aq is being dispensed with in this case. - then just add someplace - i am including a copy of a very late offer from hsbc which i have refused because, as you are aware, i have now filed a court claim for these charges.

 

you can rework the letters - they are just ideas to play with.

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  • 2 weeks later...

give it til monday - that will be 2 weeks plus and then ring the court asking for an update - it is taking longer and longer for the courts to send anything - i think they are swamped - but i'd ring monday - just to check all is going to plan - have your claim number at the ready.

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