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    • Hello, hope you’re all well.   Just an update.    We still have the vehicle, the agreement hasn’t been defaulted or terminated yet (even though we’ve not made any payments since January).    After a lot of back and forth, the finance company agreed to pay for an independent inspection at a main dealer BMW workshop.    Workshop came back and the vehicle has £6,350 worth of urgent repairs, everything from rear brakes being worn to the point there’s no pads left, rear differential bushes are degraded completely, and of course the big one, the timing chain mechanism is defective and needs replacing, technician also stated that it’s best to have a new clutch fitted to the vehicle as the clutch is heavily worn and the gearbox will be detached from the vehicle so it makes sense to put a new clutch into the vehicle to avoid having to do this again in 5,000 to 10,000 miles.    Finance company has been really patronising and has said that they will only pay for the timing chain repair, and this is as a good will gesture without any admission of liability as they are of the opinion £5,000 timing chain replacements are “wear and tear”, even though BMW has admitted it’s defective and are contributing to the repair, I’ve declined this on the basis it’s not “good will” to withhold a repair for 7 months and try to pass it off as “wear and tear”, I want the finance company to admit they were wrong.    Finance company is refusing to put right the rear brakes (which the vehicle cannot be driven unless they’re done because the condition is dangerous, having seen the video of the rear brakes I’m disgusted at the condition they are in), the finance company will not repair the rear differential and will obviously not put a new clutch into the vehicle, expecting me to make £1,500ish in repairs out of my own pocket.    I’m unwilling to pay for any repair to this vehicle as we have had 4 months of use age out of it, it cost £8,000 and already has £6,350 worth of urgent repairs required, this clearly shows it was not fit for purpose, not as described and not of a satisfactory condition.   Finance and supplying dealership are refusing the rectify the poorly done paint repairs that have peeled off both the front and rear bumpers, even though these were pre-agreed and part of the condition of sale.    Financial Ombudsman Service has not yet ruled on our dispute, however I now have an independent report that shows the vehicle was not fit for purpose, and the finance company/dealership should have repaired it when I made the request under s.23 of the CRA 2015 back in November 2021, they acted unlawfully and unfairly in refusing this, and refusing to carry out my rejection in January when they failed to repair the vehicle.    I’ve written back to the finance company refusing their proposal to have just the timing chain repaired, as I disagree with the premise of it being out of “good will” and “wear and tear”, I also believe that they are liable alongside the supplying dealership for other defects that could not possibly have occurred due to my very limited use of the vehicle. 
    • The banking giant has declined to comment on media reports that Stuart Kirk has been suspended.View the full article
    • Are we to assume that the asthma is not new and your employer fully infomed about this. 
    • right so you being abroad or informing SLC you were Abroad as the last address plays no part in this at all, thread title updated. total red herring.   your case is the same as numerous ones here already which you need to READ  type in erudio backdoor CCJ in our enhanced google searchbox. get reading a good few of the threads that search points you too.   your mistake is you returned to the uk, you failed to update your debt owners of a change of address as legally you are obliged too, and you got a backdoor CCJ.    your issue now again is the same as most of the threads you'll read, your SLC loans were last deferred to SLC before the gov't sold them to erudio in 2013. that means that the court claimform was issued more than 6yrs after your last written acknowledgement of the debt and thus was already statute barred.   can't see any point in an SAR to anyone.   just ring northants bulk and quoting the CCJ number from your credit file ask for a copy of the particulars of claim ANd the judgement CCJ by email pdf   dx  
    • and neither can drydens hence their twaddle.  and you need to remember that places like cab and ndl etc are funded by the banks and the DCA's in commission payments for signing people up to dmp's without ever questioning the debts enforceability under the cca 1974.   your n244 already has the background..   The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.        
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HDR - v - HSBC


Dougal16T
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Thanks Zootscoot I've just done that!! Can you check to see if it's okay?

Regards

Howard (Dougal)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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I salute you well done, very well done. :D :D

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Now the next stage (if they dont make an offer) is to be prepared for what they are likley to throw at you in court, they play dirty have a look at post number 4 in this thread.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/110900-anyone-heard-how-skintcumbrian.html

 

Have all of your information to hand when you go back to court so you can prove exactly what you say.

 

pete

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Brilliant news! Well done indeed! Takes some doing keeping your cool in those situations when your not used to it! Great to know that some of the judges out there can see how unfairly things are balanced.

Once again well done.

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Thanks Castlebest,

I had read that thread already and was 'up for it', but the London Barrister (yes more expense for HSBC) was not up to the task, she did not know that DG had not filed their trial bundle. She did not know that there had been no contact from her clients to me at all. The stay was lifted and the Trial date and time set. I am ready - the question is are they? :cool: (What I have not revealed is that I am an ex Police Officer and a former very experienced Prosecutor and Advocate for the Department of Transport - so Courts/Trials/Solicitors/Barristers/Judges/Clerks and sundry Litigation people hold no fears for me!!!- I did not say I was better than them, just that they do not frighten or intimidate me). :) I have always felt that we are all JUST human beings......(some more so than others)!

As ever my best wishes to everyone in this 'war'. (I may have won the battle today, but the War is far from over);)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Wow Dougal, have just read your thread, Power to the people, inspiration comes to mind, hope you are getting over your divorce, (it was for the best;) ) and I have had dealings with GE, fingers crossed for you on the 13th. All the best:D

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Well done Dougal! Do you wnat to pretend to be me on Thursday?? In post 23 you mention you took pleadings from this site, could you possibly link me there? Trying to get as much info under my belt.

26/03/06 - 1st letter sent

16/04/07 - LBA Sent

08/05/07 - MCOL Submitted

08/05/07 - 2 copies charges sent to court

14/05/07 - Claim served

11/05/07 - Acknowledgment of Service

21/05/07 - 2 copies charges sent to DG

06/06/07 - DG defended

18/06/07 - Noitice of Transfer

22/06/07 - 1st nudge to DG

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The pleadings I used were the 'Application for Stay after OFT decision' which is on this site in the Templates Library (I think)!

I modified it to include the fact that I am on Incapacity Benefit, Industrial Injuries Benefit, Disability Living Allowance (Mobility component), behind with the mortgage, and repossession started.

BUT I also drew the Judges attention to the fact that HSBC had not filed their bundle and clearly (see my post) were not going to AND the case was set down for hearing PRIOR to the OFT decision, and the Master of the Rolls' directions - on top of that I told the Judge that HSBC and DG had failed REPEATEDLY to answer letters, phoner calls and e-mails, and nothing had been heard as at yesterday's date from them.

 

I wish you all the best.

Make sure your bundle is good and tidy.......mine was a great 'weapon' I am sure.

 

I'll be thinking of you.

Howard (Dougal16T)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Thanks Howard, a great help and very much appreciated. I have that statement armed and ready. I'll let you know how I get on.

26/03/06 - 1st letter sent

16/04/07 - LBA Sent

08/05/07 - MCOL Submitted

08/05/07 - 2 copies charges sent to court

14/05/07 - Claim served

11/05/07 - Acknowledgment of Service

21/05/07 - 2 copies charges sent to DG

06/06/07 - DG defended

18/06/07 - Noitice of Transfer

22/06/07 - 1st nudge to DG

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just checking in to see how you get on from here. you have been a great help to me, and i can't wait to hear how it all works out for you. seems september will be a big month for you, fingers crossed for both cases.

good luck, lolly.

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Dougal

 

great thread and makes me feel more confident in my situation. on advice i have transferred my own thread into this forum, as it is more appropiate.

 

hope people look and advise accordingly?

 

i am interested in the judges response to your mortgage situation?

 

could you look at my post and advise how you think i will get on?

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111850-re-help-please-can.html#post1095232

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Just a quick question regarding applying for removal of a stay - can we only appeal if we are suffering hardship - so if we are employed and coping at the moment an appeal would maybe turned down if it was applied and paid the £35 for - also can the £35 be added to the schedule of charges against HSBC? :oops: Charliedog alias [Linda x]

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Hello Cahrliedog, (Linda),

 

Whilst 'hardship' is a very good reason, also please see my posts re the directions from the Master of the Rolls and actions (or rather inactions) of the Banks in relation to filing trial bundles. Yes you can add £35 to the charges. Don't forget your wasted costs order once you have finally been successful - claim at £9.25 per hour plus costs of stationery and consumables (in for printer - photocopying etc).

Kind regards

 

Howard (Dougal16T)

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Hi DougalI have issued a County Court Summons against HSBC. How long do they get to reply to it? If they don't reply within 14 days can we get a judgement by default?Thanks

Good morning all...:)

I started my claim in November 2006, called into my local branch and requested statements...after 7 further visits (each time I was told 'they're (a) on their way, (b) being dealt with...etc) finally got statements in late March 2007! :evil: (Had to sit in bank and say 'not going till you give me...)!However sent 1st letter 4/4/2007, reply by HSBC 15/4/2007 'looking into this...8 weeks etc...' I IMMEDIATELY (16/4/2007) sent second letter, (both included copy schedule of charges, £3700 total) letter included an offer to settle @ £3000.00.(Within 14 days of letter date) Even went into local branch on last day and they faxed Head Office, but no reaction by HSBC! Filed MCOL on 1/5/2007, proceedings acknowledged by HSBC sols on 3/5/2007 (note Court say 'deemed served on 6/5/2007') nothing heard as of today. 28 days from date of service expires 3/6/2007 (Sunday). Trial bundle (3 copies - including T&C from 2003) prepared and ready for service on HSBC and Court. Possible Judgement by Default...watch this space!!

 

Unbelievable the poor approach by HSBC....their staff often said 'we can't cope'...need I say more.

Best wishes to you all...apologies for long post!

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Hi arcataca33,

HSBC will wait the 28 days from date of service (deemed to be 3 days after and including date of issue) and then will file a template defence.

Just when you are about to hit the' Judgement' (on MCOL) button, their template defence will have been filed!!:mad:

Keep going - we are in the right!!:)

Kind regards

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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Thanks DougalSorry for being a bit dim but I want to be clear. MCOL summons was issued on24/08/07. Checked with MCOL- deemed served on 29/8/07.They have until midnight 12/9/07 to respond or I get a judgement by default.Basically what you're saying is that on 11th or 12th of September they will respond asking for another 28 days to prepare a case. Is that basically right?Any ideas of what is likely to follow?PS Your right about the telephone contact-it's completely crap.arca

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