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    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
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      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
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Hi my daughter sent her 1st letter on 2nd April asking for her statements for past 6 years she encloses the £10 fee, but has not had any contact at all from them, neither have they cashed her chq, was just wondering if this is normal

 

Thanks

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well, the data protection act or whatever it is - gives them 40 days to respond - which i make next saturday. so, i'd ring them - probably tuesday and just to ask if they've received your letter and are dealing with it -

hopefully they will be able to tell you that they are. i do know they are very, very busy with all of this just now but it should be dealt with.

here is the link for the template letter if they don't comply:

Data Protection Act - Non-Compliance - Template Letters

 

also, any chance of getting them on-line:

 

INTERNET BANKING WEBSITE: -

HSBC INTERNET BANKING

 

HOW TO OBTAIN YOUR STATEMENTS ON LINE: -

Click on “My Accounts” choose the account that you wish to deal with and then click on “My Statements” this will give you online access to up to 6 years of statements. (Repeat for each account and use a separate spreadsheet for each account).

 

Hint: - Watch out for the moving "Prev" button it is replaced by "Next" which takes you back to where you started :rolleyes:

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  • 2 weeks later...

Hi

I sent my sar letter with a chq for the £10 THE 40 days are up and not heard or received my statements, so i rang them today and was told they had not received the letter, so i would have to request them again, they said they would arrange it with no charge but that it could take another 40 days, i don't suppose their is anything i can do about this and will just have to wait again.

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did you send your SAR recorded delivery? If you did then you can check on the Royal Mail website when your SAR was delivered. I personllay would send a letter before action for non-compliance (template in the bank template library). attach a copy of your original SAR with it.

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A prudent question is one-half of wisdom.

 

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  • 3 weeks later...

Hi

I received a reply from the hsbc on the 29th may thanking me for my letter dated 22nd may saying they are looking into my claim for charges back they have said they will contact me a full response as soon as they complete their investigations. So do o still send a letter before action or wait to here from.

 

Thanks Molly

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Stick to your own timetable. 14 days then send lba. 14 more then file your claim!

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14 days from when you sent yours!

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hi - i had the same put you off letters from hsbc my claim is ongoing i kept to the schedual and am waiting for a court date now.

 

do as freaky says keep to the schedual and dont worry you will get all your money back with interest if it goes to court.:D

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Hi

 

Could any one tell me if i can add on any charges that i still getting which are around a £125 a month. I have sent my letter before action to them today. Sorry for posting simple questions i know the answer is on here some were, but i have had a stroke recently and by the time i find what i need i end up totally confused. I would like to thank every one for being so helpful:)

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  • 2 weeks later...

By saying you've sent the 3rd letter I'm assuming this is the LBA, if this is the case then you should now proceed with court action and either file your claim using MCOL or the N1 form. This is your claim so you decide the timescales, no response from the bank within these deadlines mean you should continue with the next stage.

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Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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MCOL ( money claim on line) is the easiest way of filiing a claim!

Read the newcomers guide as it guides you through each step!

Just shout if you need help!

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Well the MCOL route would be the simplist option as you can do everything online.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

However, if you are claiming quite a large ammount then I would advise you to use the N1 as you can elaborate your POC a lot more.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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Yes you can add to the claim at this stage!

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You have to put all your charges that you are caliming for on a spreadsheet! The s/s will calculate the interest on each individual charge. Then on the mcol you put in the total figures you are claiming! Have you read the newcomers guide? It is a step by step guide!

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Just add the extra charges to the bottom of you Schedule/Spreadsheet, the interest will automatically be recalculated.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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You must use the spreadsheet so that all the interest on all of the charges is calculated to the day of your claim!

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Which guide to the Sale Of Goods Act

 

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