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    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
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    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
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    • 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
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Whiz_bit vs HSBC **WON**


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Myself and my partner have 3 bank accounts between us with HSBC, they have been charging us alot in bank charges over the last few years and have been very unhelpful when we asked for help. In 1 month alone earlier this year we were charges £85 on each of the 3 bank accounts. We have now moved our business elsewhere and we are starting the process of claiming the money back, we intend to hand deliver the DPA letter to them this weekend, which leads me to my first question, do we lump the whole lot together or treat each bank account individually?

 

I will keep you posted on what happens and I appreciate any help you can give me.

 

Whiz_bit

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I do not know at this stage I do not have all bank statements, could easily be over £5000 for all 3 accounts.

 

Can I send 1 DPA request from both of us, given we have a sole account each and a joint account?

 

Whiz_bit

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It's best to keep any claims below the £5k mark.

 

There is nothing to stop you making the claims one after the other. The reason for keeping it under this 5k level is that the case can be dealt with under the small claims system ensuring that you will not incur any costs. If you apply for all three together, the banks could ask the courts to join the cases up therefore making one large claim which would force you over the limit.

 

My recommendation is to decide on one account and start the process with that one on it's own. Follow the faqs and send all the letters in order. Once they settle that claim, it will be pretty hard for them to refuse the other two, so just follow the same process. It may take a little longer but you should get all the money owed.

 

Best of luck, Shanks

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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What happens if you've been charged over £5000 over the 6 years? Could you split it and do a claim for say £3000 for May 2000 to May 2003 and then a £2500 claim for June 2003 to the present?

 

I have a feeling a faq may have answered that - but I've read so much about it over the past 24 hours there's a lot to take in and be very clear about.

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Hi BillyNeon,

 

You're right it is in the faqs, but I can completely inderstand that after reading the vast amount of info on this site you can begin to wonder if you remember right..

 

"Q. I want to claim more than £5000

A. Try splitting the claim into smaller chunks in order to remain on the Small Claims track. However, do not run your claims at the same time as the Bank might apply to consolidate the claims. If they did that, your claim would be over £5000 and you might find yourself at a serious risk of paying costs if you lose.

However, do note that this has nnot been tried yet and the defendant might object to the second claim and ask for it to be struck out.

Follow the date spilt as you suggested, once you have won the first claim then go back and watch them try to argue the second :D

Cheers

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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Could I go down the path with my sole account at the same time as my partner does with her sole account, or does the fact that they are linked through a joint account mean it will be safer to do them one at a time.

 

Thanks

 

Whiz_bit

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Someone with more knowledge may come and comment on this one for us, but tbh I would be pretty confident in saying that you will get all the money owed in the long run Once the first claim has succeeded it will make it fairly impossible for them to defend the subsequent claims.

 

I would still err on the side of caution though and do them one after the other.

 

Cheers

Prelim sent May '06

LBA sent June '06

Fob off now rec'd to the prelim

Copy of fob off now rec'd as response to LBA!

Full repayment of all charges since 1997 now received.

Account Closed

Donation made :)

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I have read posts on here about getting orevious bank statements online, does anyone know how this is done with HSBC, I want a backup plan incase they don't come good on the DPA request.

 

Whiz_bit

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you have to be registered for internet banking, if you are you can then just use their service , its very easy actually, if you're not registered give em a ring or go into the branch and they will sort it out for you. even if you dont use it to collate your statements it is very handy to be able to check your account whenever you want :p

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Thanks for the quick response, I have been using Internet banking with HSBC for a few years now, but only seem to been able to et quite recent history. When I go to the My Transactions section it says at the bottom:

 

! The earliest date for which you can view transactions on this screen is 15 May 2006.

 

So I am a bit lost, on the subject of lost £135 this month in bank charges on one account.

 

Any advice would be much appreciated.

 

Wayne

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Wayne,

 

If you go to My Statements after you've selected an account it will aloow you to go back through your staements up to 6 years - althougth it won't alllow you to download them.....

 

Good luck.....I submitted my claim for 2 accounts together - although the amount is only £2300 - so I'm guessing it should be fine.

 

Hope so !!

  • Confused 1
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Thanks for the quick response, I have been using Internet banking with HSBC for a few years now, but only seem to been able to et quite recent history. When I go to the My Transactions section it says at the bottom:

 

! The earliest date for which you can view transactions on this screen is 15 May 2006.

 

So I am a bit lost, on the subject of lost £135 this month in bank charges on one account.

 

Any advice would be much appreciated.

 

Wayne

 

if you go to my accounts then your current account then click on my statements it will bring up the most recent ones, underneath that table should be a button which says "next set" click that and you're there

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Got it been through them quickly roughlt £1,700 in charges not looked at intest charges yet, not as bad as I thought it would be, still well worth the claim.

 

Thanks again for the help.

 

Whiz_bit

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nay bother, anything else just come straight back ;-)

  • Confused 1

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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  • 2 weeks later...

I have started receiving bank statements from HSBC, got a nice letter from them last week saying they were going to waiv the production cost. Which I thought was amusing since I paid them the £10 when I sent the letter in.

 

Got another nice letter saying they are sending me statements for the last six for all my accounts (3 in total) and my credit card, I was expecting to have to do a DPA request for each one.

 

I have had 24 envelopes of statements which is all the statements for 1 account, looks like the postman is going to have some work to do.

 

Whiz_bit

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right then, let us know when you've got your totals together

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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  • 1 month later...
  • 2 weeks later...

I got an offer, £1990!!!! I wasn't expecting one until after going legal?

 

Just finished my get real I want all the money letter which goes in the post tomorrow, I have given them another 14 days before legal action. So roll on the 4th sept.

 

Whiz_Bit

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