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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Hsbc Total Charges


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Hi, hopefully someone can help me. I have started proceedings against HSBC for charges against my business account. They have registered a defence and am awaiting the next step. HSBC have never provided me with a breakdown of Total Charges, despite having asked for this. The solicitors are saying that it is not their client's responsibility to provide me with a breakdown of my claim. Where do I stand with this claim, being unable to provide a breakdown of total charges, and having commenced action?

Thanks

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Hiya Paddy, as long as you have a schedule showing each individual charge its date and the discription HSBC used on your statement you can go no further you have provided all the information you have.

Its not up to you to tell HSBC what they have charged for all you are doing is listing their charges.

 

pete

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Thanks to both of you. So is it ok to list "total charge" as a charge description on the schedule? I ask this because trawling through the forums I have read that in relation to business accounts, some of the individual charges contained in total charges are lawful, but HSBC has not broken them down. My claim has been transferred from MCOL to my local court.

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  • 2 weeks later...

Hi, I have received a notice of directions hearing with a date in early July. (Stating that 15minutes has been allowed for the hearing). This is the first correspondance from my local court, after having it transferred from MCOL. I have never had to complete an AQ. Is this new? My problem is that the date allocated falls smack in the middle of my 2 week holiday, which I can't/will not disturb. Should I ask the court for an adjournment or risk them making an offer?

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There is a section on the AQ where you can fill in dates when you will not be available to attend

 

Section F - Hearing

Quote:

Are there any days within the next four months when you, an expert or a witness will

not be able to attend court for the hearing?

Unless you know of specific date that you cannot attend court (holidays etc) then TICK NO.

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

 

 

A prudent question is one-half of wisdom.

 

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So no AQ then. Have you phoned the court to explain to them that you will not be available on that particular day? If you haven't, do it and see what they can do for you.

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

 

 

A prudent question is one-half of wisdom.

 

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Jowalshy, thanks for replying. Only got the letter today, will phone them on Tuesday. I just wondered if this is a new tactic, and what would happen at that particular hearing. Having read through some of the threads, i was kind of hoping/wondering if DG would make an ofer prior to this directions hearing, or if indeed they would attend??????

 

Thanks for assisting me

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I got a prelim hearing date for 25th July. I had no AQ either. I am hoping that DG will settle before this. have you done any nudging letters to DG. If you haven't, send a polite nudge every 10 days or so. Here is a copy of mine (beautifully transcribed by Lattie)

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

(Date)

 

Re: xxxxxxxxxx - v - HSBC

account no: xxxxxxxxx

claim no: xxxxxxxxxxx, Filing date:xx xx xx.

 

It has come to my attention that as of xx April 2007 the filing of an allocated questionnaire may not be required in this case.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £xxxx.xx in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

I look forward to hearing from you soon.

With kind regards,

Yours sincerely,

 

 

I just rounded the amount down to the nearest pound.

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Cheers Jowalshy, yes I sent a similar letter on 22nd May, will be sending another in a few more days. I didn't update my total interest though, didn't know you could. I just sent a copy of my initial schedule. (I have to list total charges as HSBC have never sent me a breakdown of charges. Hace you had to pay the £100 fee to the local court...I have not been asked to??

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I wasn't asked for the £100 from the courts either.

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A prudent question is one-half of wisdom.

 

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that would be another point to check when you ring them, whether the allocation fee will be payable.

 

this may give you some info:GOT A COURT DATE? A guide to the later stages

 

and both my aq threads have ideas for nudge letters - post 1 on both and yes, it would be a good idea to keep nudging in the hope that they would deal with your claim before any court date.

 

check out these threads to see if they help with the total charges stuff:HSBC Business account total charges

Business charges

 

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

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Went into the bank today, and was told they can't print off six years worth of breakdown of charges, insisting that I should already have them with my statements!!! Celicaman, thanks for your advice on the other thread. Do you think that the court may discontinue it if I haven't got this breakdown, or the would the fact that the bank is refusing to give them help my case? Now that i have started proceedings, can i send the bank another letter re obtaining these breakdowns?

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couple of ideas off the top of my head - an accountant? anyone else would have c opies of your statements and the breakdown of charges?

tax people? ok - you go to one branch and get 1-2 years worth, another branch and do the same and then again another one? they said they can't print off six years worth of breakdown charges - what can they give you - take that and try another branch. might work!

 

now, you sent a letter in the first place asking for them? yes or no - if you asked and they didn't send the bit you need - then use the letter here - get the right one...Data Protection Act - Non-Compliance - Template Letters. if you never sent the original letter - send it asap and put in big letter that you want the breakdown of charges pertaining to those statements.1. Data Protection Act, Subject Access Request letter - List of charges(6 Viewing)

 

do you have any at all - i'm thinking if you can take one month and look at your fees for running costs ....

this is from business claims guide:

 

Requesting your transactional history

As a business you, or your accountant, should already have access to all your statements. However things happen so if you do need to submit a request for the information from your bank the following should guide you.

 

Sole Trader/Partnership – The Data Protection Act applies in the same way as for a personal account.

 

Ltd CompanyUnfortunately, the right of subject access under the Data Protection Act 1998 only concerns personal data, so you won't be able to use the S.A.R - (Subject Access Request). There are no statutory provisions for right of access to business data..

 

and this:

 

CHARGES YOU CAN CLAIM

You can reclaim charges added to your account for a breach of contract, such a cheque referral, unpaid direct debits. You can't claim for standard business fees for running the account/fee for a particular service.

 

 

....so im thinking just one month (one year would be better- but whatever you can get) see how much the standard business fees for running the account, etc. are and subtract that from the charges for each month and claim the rest.

 

that's about the end of my ideas - anything sound good?

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Went into the bank today, and was told they can't print off six years worth of breakdown of charges, insisting that I should already have them with my statements!!! Celicaman, thanks for your advice on the other thread. Do you think that the court may discontinue it if I haven't got this breakdown, or the would the fact that the bank is refusing to give them help my case? Now that i have started proceedings, can i send the bank another letter re obtaining these breakdowns?

 

Hi PP

 

I still dont understand how the bank have not picked up on it yet, im sure they will at some time, so you need to get the summary sorted and amend your claim.

Been looking round see what i could find on SARS, even bankfodders template says 'if you cannot supply a breakdown of charges,then a copy of statements will do'. So not much help.

I noted from Chargebacks post he got his summary of charges by standing his ground.

 

Quote from Chargebacks thread

 

'Went into bank to ask why they are witholding this information with me and I informed them I had made every effort to get this breakdown of charges and that I believed they were purposely witholding the information, it had been 30 days since my original request and I had copies of all communication, end resullt was the mysterious total charge breakdowns appeared on their screens, am returning in the morning as they are supposed to make copies for me by then.'

 

I Think he had already sent in a SARs request, so slightly different, but if you read up on SARs enough to quote a few lines about them breaking the law if they dont supply them and say you will report them, they may well cave in and give them to you.

I will have bit more look around and hope somebody else with more info may help as well

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Oops and lattie has already done that, should have noticed the feather :)

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Thanks very much Celicaman and Lattie, I will re-attend the bank again and insist, quoting the Data Protection Act. See if that works?!

 

Just wondering how things are going

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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I have also started a claim for a business account. When all the statements arrived without the extra pre notification sheet I wrote back to the address which the statements came from and requested them under the SAR, they arrived within a week.

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Hi, sorry about the delay in responding. I have been to my local branch twice, to be told initially that I should have a breakdown of charges already, and then that as the account is closed, that they were unable to print off in store.......I have today sent a letter to DG and to HSBC in Canada Square quoting SAR. I have sent a letter to the court requesting an adjournment as I am out of the country. Updates to follow.... Thanks to all those showing an interest, it does help.

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  • 2 weeks later...

Hi, an update on my case.......I need some more help please!!

Today I received a breakdown of charges!!!!!!!! or at least I think so. I still can't work out what I can claim for. An example of what I received as follows:

 

Commission accrued from 02MAR2001 TO 31MAY2001

Debit int accrued from 02MAR2001 to 31MAY2001

 

Activity commission £79.92

Account fees 0.00

Overdraft fees £24.00

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

 

Total commission £103.92

Debit interest 90.97

 

I have never previously claimed for the interest, but what does the Activity commission mean? Can I claim this as well as the overdraft fees?

 

Please help, I have managed to get my case adjourned for a couple of weeks!

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Hi, an update on my case.......I need some more help please!!

Today I received a breakdown of charges!!!!!!!! or at least I think so. I still can't work out what I can claim for. An example of what I received as follows:

 

Commission accrued from 02MAR2001 TO 31MAY2001

Debit int accrued from 02MAR2001 to 31MAY2001

 

Activity commission £79.92

Account fees 0.00

Overdraft fees £24.00

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

 

Total commission £103.92

Debit interest 90.97

 

I have never previously claimed for the interest, but what does the Activity commission mean? Can I claim this as well as the overdraft fees?

 

Please help, I have managed to get my case adjourned for a couple of weeks!

 

Hi paddy, didnt see this post

Ok, lets have a looky see.

Ok, Overdraft commision is the charges administered per item IE cheque,SO DD and items paid in, so prob works out at 60 p cheque. 60p SO, DD & 35p credited items, soon adds up.

These are what you can not claim back. This is a business account isnt it, so you get charges for items like that.

 

So the £79.92, you cant claim back

 

Overdraft fees, they are what you can claim back so £24.00

 

Debit interest: Part of this you can claim back. THis is how much interest you are paying for being overdrawn.

Part of this is interest that has been charged against the unlawfull charges IE in this case the £24.00 so the interest on £24.00 since 2001 is £ ? well im not that good LOL.

 

Need to use Mindzias spreadsheet to work it out. Have you got your statements as well for the same time period ?

 

Ok this is a sinch now. I will have to read back & see what the hell we are doing LOL

 

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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