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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
    • My car DVLA details are 100% correct and up to date, guaranteed.  I lived at my address longer than I have owned the car and made sure the details were correct when we transferred ownership of the car, so it's not that.  It must be their second-hand eBay cameras.  I've emailed the CEO with evidence and laid it on.  I will keep this post updated with the outcome.  Thanks again FTMDave .  I appreciate the guidance. I hate these predatory parking cowboys.  How are they even legal?
    • there isn't one use that default dx  
    • upto you, if you have no assets like a home in the UK, there is absolutely nothing they can do even if they do get a judgement. i see you state last payment was 2021, so i will guess your notification to lloyds of a change of address was sent within the last 6yrs so they should have record of it on their system. why not give them a ring and ask what address they have for you? you could do AOS and defend the claim stating you are and have been resident in xyz since date, here is proof.  you could also send that to PRA demanding they discontinue the claim immediately. see what you can find out. you've till atleast the 19th (aos date) . dx      
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HSBC T&Cs HERE


stax68
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Stax, why can't I copy and paste from this thread? Any ideas?

 

No, you should be able to right-click on the images to copy or save them (in Windows Internet Explorer anyway). You can't highlight and copy text, though, as they are images. That's the only thing I can think of.

 

BTW - have you got the 1996 T&Cs in image or pdf form (rather than text)? If so could you send them to me or post them here? If you PM me I'll give you an email address.

 

cheers, Stax

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Sorry stax, I only have the 96 in text form. Jowalshy sent them me in a pm.

I realise now that i can't copy them as they are images from photobucket. I will try and email them to myself and see if I can reproduce them in order to print them out.

While I'm here, which parts of the 96 t&c's would be most relevant to my claim? I just want to add the important bits rather than the whole document.

Thanks in advance if you can help!

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Ohhh I wanna kiss you! What a lifesaver! :p

 

I have been appealing left right and centre outside of here for these! I managed to copy and paste but drag down method and have just pasted them into word.

 

Thank you thank you thank you! Keep this thread bumped everyone and let stax68's hard work go to great use! Coommoonn HSBC! :cool:

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If you can email them, surely you can save or copy them?

 

Images are better than text for evidence purposes - they look a

lot better in court than a big slab of text which could have come

from anywhere. On that topic I now have the 96 T&Cs in glorious

technicolor, to follow.

 

Text obviously has its uses though, notably cutting and pasting

bits, as you have found. Thanks for your contribution of the

1996-vintage text. I've PMed you about it.

 

In answer to your q about the useful bits from the 1996 T&Cs:

 

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

THE CORE BITS (TALK ABOUT BANG TO RIGHTS!)---------------

 

7.2 You must always keep your current account in credit unless

we have agreed an overdraft with you.

 

7.3 You must not go over any overdraft limit that is agreed with

us unless you get our agreement first.

 

7.9 As well as charging interest for unauthorised overdrafts, we

may also charge a fee to cover the cost of the administration

involved (see the relevant price list).

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

EXPLANATION OF THE CORE BITS:

7.2 & 7.3 mean that you are in breach of contract if you go

over your OD limit. This is a necessary condition of the charges

being penalties.

7.9 makes it clear that the charges are levied in response to

that breach, and not on some other basis. It also says that the

charges are to cover costs - this is the bit we need to disprove

to confirm that the charges are penalties - hence the OFT stuff.

The fact that the bank makes this claim means that we have a

very good basis for saying they concealed the fact that they

weren't just covering costs but instead making a profit - which is

useful if you want to claim charges levied more than 6 years ago.

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

 

A BIT WHICH SHOWS THEIR NEW STORY ABOUT INFORMAL

OVERDRAFT REQUESTS ISN'T JUST A CLARIFICATION OF

EXISTING PRACTICE----------------------------------------

 

7.7 If we pay a cheque or other item you issue and, as a result,

your account goes overdrawn or goes over your agreed

overdraft limit, this does not mean that we have agreed an

overdraft or an increased limit. You must immediately pay

enough money into your account to cover the overdrawn

amount or the amount that is over your agreed limit.

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

 

 

A BIT WHICH COULD BE PERSUASIVE IN CONNECTION WITH

CLAIMING BACK OD INTEREST (THOUGH LATER VERSIONS OF

THE T&CS ARE LESS SPECIFIC ON THIS AND THEREFORE

MORE USEFUL)-----------

 

9.3 Liability for unauthorised transactions

9.3.1 Our liability

We will be responsible for any money lost if:

. your card is lost in despatch from us to you

. there is a fault on a self-service machine of which you have

not been notified by a message on the screen or a notice on

the machine.

Unless we can show that you have acted fraudulently or with

gross negligence, we will also be responsible for any money

lost if your card is used without your authority after you have

reported to us that it has been lost or stolen or that you

suspect that your PIN is known by someone else. We will

credit your account with any amount debited under the above

circumstances including any related interest and charges. We

will have no further liability to you.

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

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Hello all,

 

glad they are of use. I don't want to tread on anyone's toes so I should add I will send these as pdfs as soon as CAG provides somewhere for them to be downloaded from. In fact I've already sent/offered to send most of them already, but obviously there is quite a bit on what with the strange antics of various district judges recently, so in the m,eantime I am providing the stuff on this thread as a stopgap.

 

If anyone knows of a site which can hosts pdfs for free, I'll put them there. In the meantime it's just images, though the full T&Cs for 2003 and 2004 are available as pdfs here: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/90721-i-need-your-help.html#post840881 though I don't know for how long theye will stay there.

 

Also, if anyone else has any T&Cs they've scanned feel free to add them.

If you're not sure how, PM me.

 

COPYING, SAVING OR PRINTING THE IMAGES:

It should be possible to save or print the images by clicking on them with the right-hand mouse button and selecting 'Save picture as...' or 'Print picture' from the pop-up menu. That's how you do it in Windows anyway, but Mac OS is probably pretty similar I expect. (Just ignore that last sentence if you don't know what it means.)

 

If you can't be bothered to right-click and save each image file, you could look in your temporary internet files (For Microsoft Internet Explorer, that's something like Tools..Internet Options..Temporary Internet Files..View Files - the details depend on your IE version) after you have viewed the page(s) with the images you want on them, and you will probably find all the image files cached in there. (Again ignore this if you don't know what I'm on about.)

 

Anyway I hope that answers most questions and doesn't cause more confusion than it removes. For my next trick: the complete 1996 T&Cs, in full colour (red and black, very appropriate.)

 

Stax

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