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    • Thanks Andy, There will be money left as they own their house. That's why I was thinking it may be cheaper to pay off the debts now, with a discount, rather than in full when the time comes.
    • No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit. No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all. Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement. Will it assist your defence ?
    • Hi all, I have previously been helped by the wonderful people on these forums, which helped me out of debt and to a much stronger position that I am in today, for which I am eternally grateful. My debts were all cleared, I now have no debt (apart from a mortgage) and an excellent credit file. I did also show my gratitude with a donation, which even if it helps just one other person out of spiralling debt, it would have been worth it. Sadly, my elderly parents did also run up some debts a few years ago, some through loans and some through credit cards. A few years ago, my father had a medical episode which has left him paralysed on one side of his body and now is confined to a wheelchair, and is pretty much non verbal (he can only manage a handful of words, and gets confused easily). I'm seriously not sure how far any County Court Action would get against him due to his current state, if any of the DCAs were to proceed down that route. Luckily nonw have tried, but can only think that any action would be discontinued by a judge. Before his medical episode he did set up a payment plan with some of the DCAs that were chasing him, which have continused being paid to this day from his bank account. They are literally minimum amounts, but obviously these actions have kept those debts current. However, some of the other debts have since become statutory barred due to the time elapsed since the last COA. My mum does have Power of Attorney over his financial affairs so can act on his behalf, with me as backup if god forbid anything happens to my mum. Their wills are set up for everything to go to the other should either of them pass away, and then to their children upon the passing of both of them, with myself being named as the executor on both of their wills. I have recently been reading up on the role of an executor, and part of the duties is to pay any outstanding liabilities before distributing the remainder of the estate. I have seen, in several instances, of a recommendation of posting about any death in the local newspaper column and the gazette to limit any future liabilities as executor in case of any debts that are unknown to myself. But this does lead me onto the debts I do know about. Am I right in thinking that the current debts that my dad has been making token payments on would have to be repaid in full to the DCAs upon his death? If that is the case, is it worth negotiating a full and final settlement, with a discount, on his behalf now? And with the debts that are statutory barred, am I correct in presuming that they would not need to be paid upon my dad's death as they wouldn't be legally enforcable in court? Thanks in advance for all of your help!
    • Hello AndyOrch For the n265 please would the below list of documents be sufficient ? 1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024 2. Copy of the Lease - Dated 4th September 1998 3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024 (This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024) 4. CPR 31.14 Request - Dated 28/02/2024   With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ? Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ? The claimant has refused to action the CPR 31.14 request.  Regarding the Section 20 notices relating to the major works, should I include if we have a copy ? Is there anything else that I should include in the list relevant to our defence ? Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.   As always really appreciate any help and guidance that you can provide.
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      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.

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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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