Jump to content


  • Tweets

  • Posts

    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
  • 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

Russjo vs HSBC


Russjo
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6092 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

  • Replies 174
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hijack away.

 

Back to a spot of business

 

I've received a Notice of Transfer of Proceedings and the claim has been transferred to my local county court. "Allocation questionnaire should be returned to the County Court" has been crossed through and it says that it should be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

The defence is as follows:

 

1. The Claimants account is governed by the Defendants personal and/or business banking terms and conditions

2. Pursuant to the Defendants terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendants price list, including an overdraft review fee for considering whether to provide and providing an overdraft

3. The Defendant denies that the charges applied to the Claimants account amount to penalties at Common law and/or unfair contract terms for the purposes of the UTCCRs

4. The charges applied to the Claimants account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and, accordingly cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the Claimant is denied.

For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief

 

They have made no particular reference to the fact that they have not administered the account properly and have overcharged me for their "services" :p

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

Hi Jo,

Best to just check with the local court as to whether there is still an AQ fee. Some courts are still charging for it although they've dispensed with the AQ. (That's if your claim is over £1500 of course)

 

Hope I'm not preaching to the converted here, Jo - I think you've been down this road (at least) a couple of times already. :-)

 

PS - this would seem to be the standard defence blurb from DG et al.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Hiya Johnny,

Nope you're not preaching at all, this is my first time in the legal process, the others settled before getting that far, so I'm going to need you guys to run things past you. The claim is for £243 including interest so I think I can safely say that I don't need to pay the AQ fee. Suppose I just wait for further directions from the court now, or is there something else I should be doing??

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

Hiya Freaky,

Yup done that straight after I filed the claim. Who do I send the nudge letters to, DG, HSBC or HFC???

Jo

xx

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

Believe me, I've got loads to do speechless-smiley-040.gif. I'm going to file a claim for my son's and my account against A&L and my dad's against Barclays, just to make sure we don't lose out. I've also got another claim on the back burner against HFC and two credit card claims for my son, that's without PPI and just living :D . If you can find anything else, I'd be really grateful as I don't appear to have accumulated enough grey hairs over the last week to plead a case for hardship LOL. Truthfully, thanks for your help, like I said, I'm gonna need it and if you can point me in the direction of a nudge letter I'd be grateful for that too, if not, that will be reading for tomorrow night :)

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

The waiting game begins again Jo! ;)

 

I know you're a busy lady , but if you have time, have a read of this thread (#1) which Latty pointed me towards. Apart from being a good laugh, it may also relieve the fear of actually having to appear in court.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108302-found-new-posts-very-new-post.html

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

  • 3 weeks later...

Hi Guys

Just back from holiday in Bulgaria and catching up with my washing. Now all I need to do is catch up with what's what on here. Thanks for the links and the nudge letters. Hope to be back on track asap

:)

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

Wecome back, Jo, hope you had a great time!

 

As you've probably gathered, the whole scenario has changed. Court stays are flying around like confetti and it depends on your court as to whether you can have it removed.

 

I don't know if you've had anything from the court, but rather than bog you down with info have a read of some of the stickys above and you'll get the gist of it. Also have a look at these (courtesy of Latty):

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

http://www.consumeractiongroup.co.uk/forum/general/111117-stays-info-guidance.html

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

However, bear in mind that you can't ask for a stay to be lifted before you are notified that one is in force.

 

I think I'll leave you to it, Jo -that's enough to be going on with ......:shock:

Nice to have you back on the forum :)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Hi Guys,

Holiday was great and I'm still chilled out. I'm finding it really difficult to get motivated again. I've just today had my HFC (HSBC) case stayed at Bow County Court. Can't make up my mind what to do with my A&L claims. I just want to make sure that I don't lose out on the statute of limitations. Nothing's straight forward and I could really do with "straight forward" at the moment :(

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

My thinking is if something is straight forward and easy to do then it's not worth doing! Any claim you have, get it in now! once it is stayed it is then in the system ready to be dealt with once the oft case is sorted!

 

It's not a problem it's a challenge! If everyone can do it then your not special! Anyone can be complacent but not many can stand up and fight for their rights!

 

Please don't respond to this post with clichés! LOL:D

 

Seriously, glad to see your fighting on Jo!

  • Haha 1
Link to post
Share on other sites

untitled.jpg

 

Go get 'em again, Tiger!!

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

Link to post
Share on other sites

Hi Guys,

I think I've come to the conclusion that as I just cannot get to the court myself to file my claims, I will just use MCOL and get them into the system. The earliest day off I've got during the week is October :eek: and I really don't want to wait that long.

 

I know what you're saying about straight forward, but I'm only managing to pop on here every now and again at the moment, however, generally, I am a Tiger who loves a challenge (just not so many all at the same time :) )

 

And Freaky, LOOK AT YOU SITE HELPER!! Congratulations well done.

 

I'll let you know how I get on

xx

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

Hi Pete,

Funny enough, I read that somewhere this evening, so that has made me feel a whole heap better. I'm in the midst of sorting it out and it will be in the post within the next few days.....PHEW! Thanks matey

Jo

HFC Bank - First letter claiming £196/LBA sent/£75 offered/rejected/Claim filed

HFC Bank Take 2 - Statements received

A & L - Prelim sent/LBA sent

Barclays (for my Dad) - Awaiting statements/LBA for S.A.R. sent/Statements received/Prelim sent/LBA sent

A & L (for my Son) - Awaiting statements/Statements arrived Prelim letter sent/£280 offered and rejected

Abbey (for my Sister) - ***Won***

Barclays PPI claim

Studio - ***Won***

HSBC - (for my brother-in-law) ***Won*** 8-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...