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    • I hope you mean I try to help people stand up to bullying - and not do the bullying!   I'll assume it's a compliment!     Well - that sort of demonstrates that you've not understood my point and (perhaps?) haven't actually read the OP?   My point is that it is not the boyfriend (the supposed "owner" of the car park) who is posting, but his girlfriend who believes that he "owns" his car parking space.  Yes - it usually makes sense to believe that what the OP is posting is the truth, but in this case there is every reason to believe that there is a possibility that the OP might be mistaken about her boyfriend's ownership of the parking space, because...  well, how would she know for sure whether he does or not?  He might be boasting or lying or simply mistaken.  (My understanding is that many people who "own" flats are often under the mistaken apprehension that they "own" a parking space when they don't.  All the more reason then that somebody else other than the "owner" might be even more mistaken).   I suppose what I'm getting at is that I was a bit surprised that both you and dx100uk were able to give such definite and certain answers to the OP without exploring her situation a bit more fully and ensuring that she fully and correctly understood her boyfriend's rights in respect of the parking space in question.  I was simply concerned that without getting more information from the OP, then the replies given to her might prove to be less than useful.  I wouldn't want her to leave thinking that there was absolutely nothing to worry about and then find out there was because she'd been misadvised because she didn't understand whether her BF "owned" the space or not.   Of course, it may be that my concern here makes absolutely no difference to the answer that needs to be given to the OP because it doesn't matter whether her boyfriend actually "owns" the parking space or not, which is fine.  But sometimes I think it would be helpful to the OP (and other readers like myself) if some of these legal niceties could be spelled out rather than left unexplained.    
    • I've spoken to my son in law and because the gearbox can be very expensive to repair, he would prefer to reject the car.   The garage isn't going to charge storage at the moment.   I feel they have been mislead regarding the service history.   How difficult would it be to get the finance company on our side in rejecting the car and sending back to the dealer?
    • The first thing to say is that you better go ahead and refund the buyer because otherwise she will end up getting negative feedback as well. We will try and help you get your money back from Hermes. Have you made a formal claim through Hermes and have they formally declined you and giving you reasons why? Presumably the item was properly declared and properly valued when the delivery was booked. You don't say whether or not you took out their so-called insurance. Please start off by reading around the sub- forum focusing particularly on the Hermes threats. There are lots of them. Get to understand the principles in respect of the arguments – the insurance element, your third party rights despite the fact that you booked it through Packlink. Have a look at other people's experiences of having sued Hermes, the process of issuing the claim, the defence, the mediation and have a close look at the advice that we give about how to handle mediation. It's highly likely that you will have to issue claim papers so also read around to understand the steps you need to take to bring a small claim in the County Court. It's straightforward but understanding the steps will make you far more confident about what you are doing. Have you started a formal complaint against Hermes and Packlink?
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Sarah139 v HSBC


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yes you can save a claim on MCOL for up to 28 days before you want to issue it, this is good as if theres something you're not sure of you can come here and ask

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 that - I know what I will be doing this weekend (apart from doing double shifts Sat & Sun).

Will get onto it ASAP.:)

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Hello. I see you posted in Spiceskulls thread for the MCOL to fill in the form. try this you might have to do a little bit of adjustment when you put it in, but this does fit with a gentle persuation.

 

The claimant has an account with Defendant over xx years,which is run on their standard terms and conditions.The claimant is claiming £xxxx taken by the defendant in the way of charges for last 6 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 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 The bank has been asked to justify their charges but they have declined to do so.The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from the date of each charge to xxth May 2006 of £xxxx and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate of £x.xx

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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Thanks so much for your help - but what does this last bit mean - I know about the 8% but what is the bit highlighted in bold??

 

8% a year from the date of each charge to xxth May 2006 of £xxxx and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate of £x.xx

 

does this mean that I have to recalculate the amount after my claim has gone in??

 

Sarah XXXXX

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8% a year from the date of each charge to xxth May 2006(the date of your claim) of £xxxx (the amount of 8% interest on your claim)and also interest at the same rate up to the date of judgement or earlier repayment at a daily rate of £x.xx (= Amount of your claim times 0.022)

 

 

Any clearer?

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Thanks - Clear as mud -

 

(She's usually such a bright spark - memory overload!!!).

 

I think i've got it - apart from the very last bit - is this the complete total claim inc 8% plus calculation - or just claim without 8%?

thank you

 

SarahXXXXXXX

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The daily rate is the total of all your charges (ie the amount you are claiming) multiplied by 0.022.

For example :

£595 times 0.022= 13p. Every day between the date you file at court and the date the bank settles, you are entitled to an extra 13p.

 

Mud clearing?

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Yes thanks

 

My claim has reduced by 600.00 because I took out the Interest that they had charged (I added the total amount of interest initially.). Can I reclaim aportion of this? Somebody said it was really hard to calculate - do you know an easy way???

Thanks

sarah XZXXXX

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thanks - Think I will give this a miss - when I entered the figure in it showed that there was no debit interest. - Thanks anyway.

 

Just to clarify - my claim is for 3320.00. plus 8% total 3804.84. court costs 120. 00. the figure I use to work out the 0.0022is 3804.00???.

 

Also at the bottom of the claim there are amount claimed, court fee & total amount. Should this figure be 3804.84 & 120.00?

 

Thank you - for being patient with me - I'm sure you are getting a bit frustrated.

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Just to clarify - my claim is for 3320.00. plus 8% total 3804.84. court costs 120. 00. the figure I use to work out the 0.0022is 3804.00???.

 

Are you on about your daily rate of interest?

 

£3320 x 0.00022 =£0.73

 

Also at the bottom of the claim there are amount claimed, court fee & total amount. Should this figure be 3804.84 & 120.00?

 

Amount Claimed = £3804.84

Court Fee = £120

Total Amount = £3924.84

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks for both bits of info.

 

Thet are going to apply 225.00 on 17th should I also include this it is within 6 yrs as 1st charge was in 2001. Should i hold off claim till then and apply these current charges.

 

Thanks

Sarahxxxxxxxxxxxxxx

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Fantastic - just done my claim online - came to pay and my card was instantly declined (HSBC CARD)!!!

Haven't got any more energy or money - will complete 2morrow

Night all

Sarah.

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dont lose heart, you're ------------ this close to getting your money :D

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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Go for it Sarah...don't let them beat you!!!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Thanks Guys -Hurray at last iv'e done it!!!!!!!!!!

I've just been on MCOL now and made my payment - Just a quick question though. The spreadsheet I have produced to work out how much they actually owe me - what happens to this? The only things the courts have are the basic figures with no calcs.

 

Thanks

Sarah

xxxxxxxxxxxxxxxxxxxxxxxxx:p

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Well - more bad news - I have followed your steps to the letter - I even rang experian for my credit rating about six weeks ago - everything seemed in order. So I applied for a 0% credit card to clear some debs without interest - (sent last week) and guess what - I have been declined for a card. The only thing I can think is that since I started with this claim the bank has defaulted me for my misgivings- the B******s.. Please feel free to correct me if I am wrong - but I recieved an alliance and leicester credit card (also 0%) last week (application sent about 4 weeks ago - I am fuming!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

sarah

XXXXXXXXX:-o :-o :-o

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Being refused doesn't mean that you have a default. Some companies have more strict credit checking policies than others. They may have simply declined your application because you had a new card last week.

 

If you have been defaulted you should have been informed of it in writing.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi - Had a letter today from DG Solicitors.

 

They want me to send a breakdown of the amount I am claiming so that they can consider my claim??

Does this sound familiar or what - I will send a brief letter to both DG Solicitors & HSBC signed for.

 

That way they cannot say they haven't got it - but I am sure that I have done this twice already - Incometence or just delaying tactics - you decide?

 

Thanks

Sarahxxxxxxxxxxxxxxx

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