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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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Bluejay v HSBC


bluejay
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Hi all,

 

When I learnt that I could reclaim bank charges I got straight on the case and discovered that HSBC had levied approximatley £3000 in charges. Luckily enough I am do most of my banking on-line and I am also able to access my statements on-line. When I was looking I also discovered between the two accounts there were five months of statements missing (end of 2001 and beginning of 2002). So I have written to them and as per the advise that I have been given and sent a cheque for £10. All is well so far, what I am beginning to worry about though is that I sent the letter on the 15th March 2007 and advised them they have 40 days (I used a standard template). Firstly is that 40 working days or just 40 days and what happens come the 25th/26th of this month if they have not responded??

 

I am confident that I will be able to resolve this issue with HSBC judging by some of the threads that I have read here, and I am prepared to stick with it until the end.

 

Can anyone advise the next move, should write and give them more time or should I just hit them with the bill for £3000 and forget the 5 missing statements?

 

Thanks in advance

 

Bluejay

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Hiya Blue, Calendar days not working days, heres the thread for non compliance just in case you need it;

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

You could start your claim now with your preliminary letter and LBA using the information you have because you can add and correct your schedule up to the point you file your claim with the court so could add the missing charges as long as HSBC get the statements to you within 28 days.

pete

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Thats great news thanks Pete, what is the best way to present it do I literally just need to show the date and the charge in the first instance and submit that to them, I have already laid it out on a spreadsheet for my own purposes.

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Best way to do your schedule is to use the CAG spreadsheet, simply because if you do need help or advice we know what we are doing with these sheets.

 

As far as your claim is concerned you need to show each individual charge as it appears on your statement i.e. date, description and value and you need to have a logical calculations for both overdraft and statutory interest that can be checked to confirm the value of your claim before they make an offer. HSBC and their solicitors are used to the CAG sheets and we have had no problems with claims submitted on these.

 

pete

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Thanks for the advice Pete, unfortunatley I am unable to access the spreadsheet, the link does not seem to be working. Unfortunatley I don't use Excel but I am using MS Works.

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Hiya Blue

 

It should work with Works as that is what Ive got, if you still get stuck or have no further luck let me know - maybe I could email you mine or something!

:-x Kennsignton Mortage Company

:-x GE Captial

:-x Welcome Car Finance

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bluejay - did you try getting missing statements using this method:

INTERNET BANKING WEBSITE: -

HSBC INTERNET BANKING

 

HOW TO OBTAIN YOUR STATEMENTS ON LINE: -

Click on “My Accounts” choose the account that you wish to deal with and then click on “My Statements” this will give you online access to up to 6 years of statements. (Repeat for each account and use a separate spreadsheet for each account).

 

Hint: - Watch out for the moving "Prev" button it is replaced by "Next" which takes you back to where you started :rolleyes:

 

 

also, have you seen this:

Spreadsheet Links Not Working: Here Are Some Alternatives(1 Viewing)

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Thanks for all the help guys, Laterlus, unfortunatley that is where they are missing from and as I never was very good at retaining paper documents I have no hard copy either, so I am having to rely on HSBC to send them to me! Mind you thatis not looking too good as the 40 day deadline is tomorrow and still nothing in the post, so it looks like I will have to send them another letter and hope they pull their fingers out!

 

Ok the links - on the VAMPIRESS'S CHAMBER one where is the information saved as I do not want to be putting this kind of data in the public domain. And to be honest I would rather work with these figures offline.

 

Unfortunatly of the other links they either don't work or they are on excel and I only have access to works :( Doesn't look like I am having much luck eh!!

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Excellent thanks all, through various posts I found a program that will allow me to use excel spreadsheets on my PC without excel so that is all sorted, I have filled them in and all I have to do now is double check that the figures add up. Unfortunatley I am still without all of my statements and as I have not heard a whisper from the bank if they do not arrive in todays post then I will be sending them the letter that gives them another week, plus the preliminary letter asking for my money back. SO fingers crossed. Let you know what happens.

 

Bluejay

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Good luck bluejay, it'll be worth it in the long run :D

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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Hi all,

 

Well I sent my Non-Compliance letter and Prelim letter on the 27th, just checked and both letters were delivered on the 30th. I am keeping my fingers crossed but my main worry now is what if they do not respond to the non-compliance letter? Having never been in this situation before I have absolutly no clue as to what to do!!!!

 

OK now i am really confused - I have just noticed that the DPA letter should have been sent to Leeds and not 8 Canada Sq in London, is this going to cause a big problem or will they forward the initial letter internally? I got the original address from the Moneysavingexpert website.

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Phew, thats a relief!!! I thought I was going to have to start again! Thanks for that, I just hope that they come up with the goods!

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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At last, my statements have finally arrived!!!! Having had a quick sift through them I have found that I am a month out on one of the charges, is this likely to cause a problem, it was the same year I just stated June instead of July!

 

As with online there are also five months worth of statements missing, anybody have any idea why? Could it be because the account was possibly unused at the time seems a bit odd as it was between October 2001 and March 2002? I am going to call on Tuesday and see if anyone can shed any light on the matter.

 

The other question I have is that as I sent the request for this information off in mid march should they not have provided me with statements dating back 6 years from then? They have sent 6 years worth from beginning of May 01!

 

Thanks

 

bluejay

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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there's differing opinions on sola - banks view is 6 years b ack from date you file a claim and will argue older ones - up to you if you want to try for them - peeps who hold out generally get them - but it's a tussle.

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OK wel today is the day that HSBC are due to write their 14 days are up. I take it if I don't get a letter from the then I just go ahead with the next stage??? Last letter sent was the Prelim

 

Thanks

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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At long last, I have finally received a response from HSBC. Don't get too excited though it is only a letter acknowledging my Prelim and the fact that they will investigate!.

 

Problem is all along I have been refering to both my accounts and when they sent the statements out one letter and cheque generated statements for both of these, but in this recent letter they only refer to one account number - any thoughts?

 

Also as I said this is a response to my Prelim that I sent on the 27 April, and as the time has expired I have already sent the LBA and their time expires on the 1st June, I take it that I continue to follow the procedure along the original time line?

 

Many thanks for your help, sorry if this is a bit garbled but I have just woken up from a Night shift!!

 

Thanks Bluejay

HSBC (£3722.80) MCOL Filed 12th June 07

transfered to Horsham County Court AQ dispensed with but fee still payable. AQ fee payed and added to claim. Case allocated to small claims track - due to be heard 30th August 07 - 2nd Nudge to DG sent (04/08/07)

Virgin Media (Complete Incompetance and refund of bank charges) - Letter to MD Customer Care - sent 24th May 2007 - resolved, refunded and 9 months free TV

 

British Credit Trust - VT to be started

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Hiya Blue, yes carry on with your claim using your time frame, your only interested in offer's.

 

Uncle Colins investigations can last around 10 weeks if not longer, by that time you should have a court date and be on the home straight to getting an offer from HSBC's Solicitors and your money back.

 

pete

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