Jump to content


  • Tweets

  • Posts

    • Standard form being sent to large numbers of claimants. Just answer as the form asks.  No need to  go into any detail, unless the forms asks for specific details of how health impacts on daily activities. If you are worried contact Citizens Advice as they are experts with PIP, as they are trained to understand what evidence is required for assessments.
    • Resume payments with the debt collectors? You say not to pay dca though do you not? 
    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

TaylorMade v HSBC


TaylorMade
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6307 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I finally managed to RING the Gateshead County Court, and they are happy to post out a full claim-pack (including N1 form) to me. When I get that I'll have a go at filling it out with regard to HSBC's failure in fulfilling the S.A.R. and if I get into trouble I'll shout.

 

Still interested in anyone else who has needed to approach the courts regarding this end of the proceedings :) * Smiles nicely hoping for pointers * ;)

Link to post
Share on other sites

  • Replies 87
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi hun

There is an N1 form on this site that you can complete on line and then print out but you cannot save it so make sure you get it right print sufficient copies before you delete!

Hope this helps

Boo

There are lots of threads on here regarding non-compliance etc, look under New Posts and also under HSBC site.

Take care

Boo

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

Link to post
Share on other sites

  • 3 weeks later...

Since the nice court officials DIDN'T send out the N1 pack, I visited the Gateshead court on my day off and got one. It is my mission this weekend to fill the damn thing in! :???:

 

It is for failure under sections 7 and 15(2) of the Data Protection Act 1998, and I'm planning to use the 8 Canada Square E14 5HQ address for the Defendant's details.

 

Brief details of claim (after quoting the the DPA sections) continue with:

 

where the defendant's failure to comply with the ubject access requests has caused extra costs in communication and travel, and has delayed the possibility of other procedures.

 

In the particulars of claim I plan to list 2x 10 minute phonecalls to contact centre, 2x 16-mile round trip journys to my nearest branch (during working hours), and 70 mins + 110 mins for those trips. Can I add a lump of time for my investigations, etc?

 

I saw on another thread a 'standard charge per hour' for time, but I can't find it again - reminders would be appreciated.

 

Anything else I need to think about? I'm presuming in my detailed section I give an idea of the bits of information I KNOW are missing.

Link to post
Share on other sites

Filled in as much as I can, but looking for any last minute advice on the following.... PLEASE!!! :)

 

In the particulars of claim I plan to list 2x 10 minute phonecalls to contact centre, 2x 16-mile round trip journys to my nearest branch (during working hours), and 70 mins + 110 mins for those trips. Can I add a lump of time for my investigations, etc?

 

I saw on another thread a 'standard charge per hour' for time, but I can't find it again - reminders would be appreciated.

 

Anything else I need to think about? I'm presuming in my detailed section I give an idea of the bits of information I KNOW are missing.

 

I've got a day off on Thursday to take the result into the courts (among other things to do).

Link to post
Share on other sites

Cheers Crusher - that ties in with a thread I've seen in the past but can't re-find :mad: Search options are great, except when everyone is talking about the same thing and it doesn't seem to tie 'phrases' together with speechmarks :D

 

I'll need to fill it in tonight, to photocopy it tomorrow (at work) for delivery on Thursday. I'm guessing that photocopying 2 sides on individual sheets is OK.

 

The details section offers 'continued' or 'attached' as options. Does this mean I could type it up and print it on a blank sheet of white A4 and attach it to the N1? It would save a lot of time and effort (my handwriting :| :idea: )

 

For delivery I expect to take the original plus 2 photocopies - then wait and see what happens....

Link to post
Share on other sites

I checked with the court customer desk this morning - printing 'Attached' in the particulars and putting the detail on another (computer printed) sheet is fine *Yay!!* :)

 

Used Alanfromderby's template particulars information, with an extra line to detail both my bank account and credit card account. I've ignored the 'distress' part (not prove-able :( ) but the damages look like this:

 

7. The damage caused is:

(a) 2x 10 minute phone calls to the Customer Service line.

(b) 2x letters to follow up this matter, valued at £1.00 for postage.

(b) 2x visits to Fawcett Street branch in Sunderland totalling 32 miles driving

(valued at £1.00 per mile) and 3 hours of driving, waiting, and visiting time at

the branch.

© A further 7 hours investigating and preparing information and facts regarding

this matter.

(d) The £30.00 court costs of this claim.

 

This totals 10 hours at a rate of £20.00 per hour = £200.00 + £30.00 (court costs) + £32.00 (mileage) + £2.00 (postage). Overall Total = £264.00

Look OK?????

 

An earlier particular has "The Defendant has failed to comply." Since the did parially comply, do I need to list my understanding of the missing bits? They are detailed in my letters to HSBC.

 

The final 'bummer' is that I want to get this in tomorrow - but since my pay doesn't come in until Friday at the earliest, I don't have a spare £30 anywhere to pay for it :-x Looks like they get away with it until next week :x

Link to post
Share on other sites

[Voice=Victor Meldrue] I DON'T BELIEVE IT!!! [/Voice]

 

I have been sent statements for September 2000 -> March 2002, August 2002 -> February 2003, and April 2005 -> November 2005 (when I used remortgaging to pay off the balance).

I've quoted the above for my own benefit. I've just got a letter today that tells me:

 

I note that you have not received all the statements requested. This is because your account was referred to Metroplitan Debt Collection Agency and no statements were produced at that time. Statements prior to September2000 will not be sent as this is past the 6 year statuatory period.

 

You have also asked for copies of notes etc, relating to 'manual intervention' on your account, however, HSBC's records are not structured in a way that will enable us to give you a breakdown of any individual staff involvement in administering your account generally or in relation to any charges identified in the statements which we set to you previously.

 

Please be advised there is no further information to which you are entitled under the Data Protection Act 1998 which would shed further light on the charges situation.

My pay came in today and I've filled all my paperwork to put N1's in place next week. Do I just treat this letter as a standard 'put off', or am I missing something? :confused:

Link to post
Share on other sites

I note that you have not received all the statements requested. This is because your account was referred to Metroplitan Debt Collection Agency and no statements were produced at that time. Statements prior to September2000 will not be sent as this is past the 6 year statuatory period.

 

You have also asked for copies of notes etc, relating to 'manual intervention' on your account, however, HSBC's records are not structured in a way that will enable us to give you a breakdown of any individual staff involvement in administering your account generally or in relation to any charges identified in the statements which we set to you previously.

 

Please be advised there is no further information to which you are entitled under the Data Protection Act 1998 which would shed further light on the charges situation.

You already have the pre 2000 charges details from your attic box?

Anyway, the second pargraph is the normal drivvel, take a look at

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/8922-hsbc-admit-they-profit.html?highlight=dynamite

Also, the account might have been transferred, but were there additional charges applied at that time?

Link to post
Share on other sites

Yep! I'd read that thread before, and (OK, I admit it :D ) got caught up in the revalations that came back from HSBC. The only 'additional' step I seem to be missing is involving the Information Commissioner.

 

Since I've sent a LBA regarding the SAR, I figure the 'action' should be put in place even though delayed. Are you saying I should take the extra step first?

 

I'm not sure if it's annoying or a relief that I didn't have the cash last week - otherwise the papers would be served already. I might have damaged myself if I should have alredy involved the Commission. :o

Link to post
Share on other sites

Time has passed, and I haev not had a chance to follow this LBA up. Should I provide them with another one to show 'reasonable behaviour', or simply file the court papers as soon as i can? It looks like it will be another week before I get a chance to get to the court :(

Link to post
Share on other sites

another week?

perhaps a letter to them and one to the information commissioner while you wait?

I have been having trouble with this issue myself.

got a letter yesterday.

they recon they have not got any info on why they closed my account.

as if.

 

I am considering using the Information commisioner. worth a go.

Link to post
Share on other sites

  • 2 weeks later...

Due to life getting in the way, this work has drifted. Hopfully I'm back on track, and I'm putting in the post today a replacement LBA - telling them that I've been more than patient and if they don't get me all my credit card data and any records of their transfer of my account to collection agencies then the Courts will be examining how hard they've tried.

 

Should stir them up :)

Link to post
Share on other sites

  • 1 month later...

No response at all from my replacement LBA, and just as I was about to file papers I found that I was SKINT - totally out of cash, and no direct way to fix it.

 

This has temporarilly been fixed, and I have time off over Christmas so I'm going to go straight ahead and file the papers next week (now I have the fee in my pocket). :rolleyes:

 

Should be an interesting Christmas present for them :D

Link to post
Share on other sites

... its easy to let these things drift, I have done so several times.

 

Thanks for that. Reading about everyone else doing so well, I feel I'M the only one who can't get his act together. MBNA are annoying me as well. :mad:

Link to post
Share on other sites

  • 1 month later...

FINALLY got into Gateshead Court and got the papers filed against HSBC for their failure to fully comply with my SAR. This is still just the first step, as their inability to give me all my information means that I don't have full details to try and GET MY MONEY BACK.

 

I feel that this has gone on forever, but I'm determined not to give up hope. My only concern is that they see my apparent laxity in keeping to timetables means I don't care - I DO, but life keeps thowing things in the way :x

 

The next step should be interesting. ;)

Link to post
Share on other sites

  • 3 weeks later...

Just had a call from 'Ange' at DG Solicitors at lunchtime. Offering a full financial settlement of the case I've put forward (which only relates to the time, postage, etc) but making no mention of me getting the DATA that the case is all about.

 

When I pointed out that there were gaps in her clients timeline of credit card statements, and their 'excuse' about no records after going to debt collectors did not make sense (for that timeline) she then asked for an 'extension' for submitting a defense on the grounds that I'd given her extra information to take back to her client [all I did was quote from MEMORY the bits of my letters to HSBC which she was able to refer to in her paperwork :-? ]

 

I asked her for a written version of what she was wanting me to agree to, and she got quite stroppy making out that I was being unreasonable (and all 1st extensions are given without problem - indicating I would be seen by the court as being awkward).

 

I explained that I was trying to shovel food into my mouth one-handed in a public cafe while getting ready for an afternoon session of work. I was NOT trying to be awkward, but I had no paperwork in front of me (unlike her) and I wanted a clearer indication of what my words would commit me to (not unreasonable I thought ;))

 

SO..... Are they trying to pull a fast one? Am I getting paranoid and thinking I'm being conned? Would a solicitor do that to me over the phone??? :rolleyes:

 

What I did say was that she had me at a disadvantage, and I would find her phone number on their letter at home to phone her tomorrow (at MY convenience). That gives me tonight to get the thoughts of those that have dealt with these charming people before.

 

 

HELP!!!! :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...