Jump to content


  • Tweets

  • Posts

    • Items for sale include five rare Ferraris and a pair of Air Jordan sneakers signed by Michael Jordan.View the full article
    • TECHZONE BUXTON LTD overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK TECHZONE BUXTON LTD - Free company information from Companies House including registered office address, filing history, accounts, annual... thread title updated. dx
    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 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

Advice needed please


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

Thread Locked

because no one has posted on it for the last 6596 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

Hello guys,

 

How are you all? Good I hope!

 

First I have a query, I am 22 and am calculating my charges since I am 18.

 

I am slightly worried that my case will go to court and be seen as a piss take as the total charges amount to in excess of £2000! With the interest it even breaks the £2500 barrier.

 

I am desperate to get this back as at present I owe around £2500 on a loan which is also with HSBC! It would settle that and be a big weight off my mind.

 

Being a young father and trying to buy a house, the mistakes I've made as a teen have really caused me problems! But anyway enough of the soppy stuff..

 

I have prepared the spreadsheet with them all on and I have written the letter but I wasn't sure about the points above.

 

I look forward to hearing from you all.

 

Thanks,

 

Phil : :D

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

I trust you've read the step by step guide, the FAQ's and as much other forum material as you can? :wink:

 

At least you're looking at it in the right light, that your case could well end up in court, which you need to be sure you're happy with doing and be prepared properly should the situation go that far.

 

Sounds like i'm in a very similar situation to you, I'm 22 and totted up £1579 since I turned 18, including interest and court charges the total currently stands at £2017.87 which a claim has now been issued for. One thing i'd be conscious of is what your situation will be if they were to close your account. Be sure to open another account to cover yourself.

Link to post
Share on other sites

Hello mate, yeah I've been reading a lot. I am prepared to go to court if neccesary. I am reading up to make sure I understand and grasp the concepts of what I am going to defend.

 

I understand that the charges cannot be described as a service charge as it is directly in relation to going over a limit or a payment being bounced therefore they are punitive and due to the ruling of some lord (I will obviously memorise the quotes and dates etc) that the charges if lawful should not exceed the amount it's costing the bank.. which I know after a few letters they wont admit or deny..which will probably lead me to court.. where if they do submit a defense, I will have to destroy.. fingers crossed! First letter was typed last night but I am working nights so it's being sent recorded delivery tomorrow...

 

heres how it looks:

 

Request for repayment of charges

 

Dear Sir/Madam,

 

SORT CODE: XXXXXX

ACCOUNT NUMBER: XXXXXXXX

 

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 4 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

What I require

I calculate that you have taken £2,233.00 plus interest at 8% APR which I calculate to be £319.70.

 

Total £2,552.70

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large comapny such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

Yours faithfully,

 

What do you think guys? Didn't really feel the need to change it much..

 

Just like to say I hope this works as I am willing to go all the way, and this site has been absolutely fantastic, I am an moneysavingexpert.com (plug) regular and this site makes a fantastic addition to the cause! If all this comes through I will make a generous donation to your book cause!

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Don't write demanding the 8% extra in the preliminary approach for repayment letter.

 

Add this when you're on the Money Claim website and filing your claim with the courts.

Link to post
Share on other sites

Ive dropped a bollock everyone, my mother in law posted the original letter with the interest 8% requested before I could stop it! Have I screwed this up? Shall I just wait until the second later stage and write in with a revised request?

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Apart from anything esle I would suggest that you stop and read the FAQs and the forum material thoroughly so that you understand it properly so that you don't go off making a fool of yourself when you start taking further action.

What you are doing is quite serious and if you don't do it properly the banks will walk over you.

Unless that is what you want.

Link to post
Share on other sites

  • 3 weeks later...

Hi all,

 

Can you believe this, I sent my letter to the bank over 14 days ago with 14 days to reply. I sent it recorded delivery to my designated branch. It was shown as delivered online. And not even a response!!

 

I am so annoyed, I mean I would of least expected a standard response. I think it's a tactic to just delay things and make me phone or send the same again.

 

I am going to go ahead and send the Letter before Action from the library. Am I OK in your opinion to tailor to say that I sent a letter previously which didn't even recieve a response and that I have proof of delivery? Or should I keep it simple and save all that for my case file?

 

I will post my letter up here this time before I send to make sure there are no problems again :)

 

Thanks for your response and patience as usual guys.

 

Phil

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Haha stop press guys. I got my standard response in the post this morning.

 

"The bank does not agree with your contention that the charge that have been imposed are unlawful and are therefore unenforceable. The contract between the bank and its customers is cgoverned by our Personal Banking Terms and Conditions."

 

skip a bit here

 

"If you authorise a payment thast woulod, if met by us, lead your account going overdrawn or over an agreed limit the bank considers whether or not to make this payment and af ee is payable for this service"

 

Then they refer me to the ombudsman.

 

Now there are two things I have to do. I have to type up my letter before action but I also need to make a sentence with an amendment. As shown before I accidentally claimed including interest @ 8% APR - I need to correct this and claim for just the amount. I will post up my letter today.

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Right I sent Letter before Action recorded yesterday with the revised amount without the interest on it lol, it got delivered today!

 

I have registered on the moneyclaim site and got the funds together for the case. I am going to start putting my case together on there, which is something I will definately need advice on.

 

14 days and counting guys... wish me luck

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Thanks, I started adding up my other accounts now. £60 from Egg hehe, that's the smallest one. I got to get DPA requests out to Citibank (lol) and Capitalone.

 

Out of interest, what's the deal with my claiming if I still have an active credit card with them? Can they close it and demand the money back?

 

I also set myself up a current account with Cahoot to fall back on (well will probably move anyway) and sent forms back two days ago so no stopping now.

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

To be honest I can see why you got confused about the interest-as the bank letter templates do show interest on them, and I was wondering the same even though it says in other places that you don't claim interest to begin with. Maybe this should be noted/ammended in the letter templates? Anyway, good luck with getting your charges back!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."- Margret Mead

Link to post
Share on other sites

Guys, I am getting my MCOL ready to go on the 20th if I haven't recieved a response from them.

Can someone give this a read over and see if it's OK. I didn't really change it much from the guide notes in the Library as it's kind of hard to re-word something that sounds so right? lol

 

I have a contract with HSBC dated September 2000 which is conducted on their standard Terms and Conditions. I am claiming the return of the money taken by HSBC in the way of charges over the last 4-5 years. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from money became owed to

24/04/2006 of £YET-TO-CALCULATE and also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 0.22%.

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

The daily interest rate calculates to 0.022%, not 0.22%

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

Link to post
Share on other sites

By the way, I just saw a charge pop up today because I went over limit last month for £28.

 

Should I add this £28 to my existing claim? If so, how would I do it as my next step if filing the MCOL claim? Would I just add the £28 on to the spreadsheet and on to that?

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Cheers.

 

Right, I need one more quick bit of advice from one of the experienced folks.. HSBC Signed for my letter (recorded delivery) on 05/04/06 so 14 days from then would be tomorrow.

 

BUT should I give them until the weekend to respond? My reason behind this is A) Last time the reply came literally 2 days after the deadline and more importantly B) Bank Holiday Weekend + Bank Holiday Post..

 

Do you think I should or am I being too lenient? I'd just hate to submit my case tomorrow, then (and I know I'm dreaming) get a letter offering settlement on Friday.. I would lose my £120 right ??

 

Cheers,

Phil

UPDATE -

 

Claim submitted, HSBC have until May 13th to Acknowledge.

Link to post
Share on other sites

Guest Lueeze

Mmm its a toughy...

 

I would claim if it was me just cos im impatient and cant stand lateness!!!

 

But if you can wait till fri maybe you should..

 

Sorry not really any solution

 

Good Luck x

Link to post
Share on other sites

You gave them a 14 day deadline, you really should stick to it. If they were going to offer you settlement they would have done so by now.

 

As for considering Easter and bank holidays - the bank charge you interest 365 days a year - there is no need to be lenient with them. The only time they will take your claim REALLY seriously is once they have received the court claim.

 

However, it is your shout, and you should do what you feel is best.

 

Good luck - you will get your money.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6596 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...