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    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
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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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