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    • In principle what you describe is certainly capable of being defamatory. It would be libel which is deformation in a written or permanent form. A defamatory statement has to be untrue and which is capable of damaging your reputation – and what you describe certainly seems to satisfy that. The problem is bringing an action for defamation is difficult and risky because if you lose you could be saddled with the other side's costs which could be substantial. I suggest that a better way forward would be to make a complaint to the school governors and also to the local authority education department. You might find that they are slow to react and that they prefer to drag their feet – but then a subsequent complaint to the local authority ombudsman might move them on. I would certainly make sure that I had evidence of everything. This means that you should put together a detailed statement about the argument you had with the deputy head teacher. You should also start making a list of all the people who approach you and what they said. Your problem will be that if you then approach any of those people for statements, because they are worried about their own relationship with the school, they will realise that there is a risk that they might themselves find themselves in the middle of a formal dispute and it is likely that they will be very reluctant to help you. The best thing to do is to start keeping detailed notes of what is said to you by people so that you have evidence of the difficulties it is causing you. In particular, if you find that anything is said to your child about this then I think it is capable of being put down as a form of bullying which is being facilitated by the school – possibly the deputy head teacher I would be careful about actually pointing the finger at the deputy head teacher – as you have no evidence it is simply a suspicion. You definitely don't want to begin a complaint and then have it look as if the real purpose of your complaint is to have a crack at the head teacher and not really to undo any damage to your reputation. I think you need to understand what you are asking for here. It is unlikely that you will be compensated unless you went to court – but I think that a full apology and a withdrawal of the allegation which has been suggested in the school magazine would be appropriate. I think it would be reasonable for you to insist on a formal withdrawal of the allegation in the next edition of the school paper. Whether or not you ever manage to pin the blame on the deputy head teacher, will be difficult. I certainly wouldn't start making that your objective.  
    • Well done and thanks for concluding your topic......title updated.   Andy
    • This is just my opinion but I'm with the OP on this.   I don't see how or why the management company can hold all residents responsibile for the actions of others, especially as it sounds like the bin areas are not secure, so anyone could be dumping rubbish and may continue to do so once they discover that the rubbish gets cleared away at someone else's expense.   I would write to the management company and advise them that you wil not be accepting any charge to clear the rubbish until they ensure the bin area is secure or provide secuirty such as CCTV .   Bear in mind any extra security will mean extra charges for the residents but as it seems they expect you to pay anyway you may as well get something for your money.   Can you get all the residents together to sign the letter? Strength in numbers.
    • The school where my kid attend posted in their newsletter a photo of our car, in which they made an example of us for the wrong reasons.   They stated that some parents lacked respect to the community by blocking the road and park illegally, and they gave an example of us by taking a picture of our car with a traffic warden standing by. The school choose on purpose to use that information without verification, because we did not do that. I wrote the school asking for an pology, but I suspect they will not and I am exploring my options here, because this has caused us a lot of stress, many parents saw the news and came to us.   My question is there any merit for a case to be brought against them, and if so, what is the procedure and what should I claim.  I have been going to that school of about 10 years, but I suspect eh deputy headteacher is behind this, because of an argument I have had with him lately. Thanks    
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off to post my preliminary letter to HSBC...how exciting !!


Guest malissa7999

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Guest malissa7999

im off to post my preliminary request for charges from HSBC total charges come to £1304, god could i do with that money, not befor making a donation to this site first, its a super site and its so inspiring !!

my first deadline expires 14 days from today,which will be the 30th june ill keep you posted what happens,......probably requiring some more help and advice along the way, thanks to everyone who has helped me so far !!

preliminary request for charges sent to HSBC FOR AMOUNT OF £1304......

..... looking forward to the 30th !!:-)

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Hi Malissa,

 

It looks like you are on a similar timescale to me as the bank would have recieved my letter yesterday so I have 13 days left! eeek! Lets hope things go smoothly ey!

 

Rachie

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Guest malissa7999

hi rachie,

 

isnt it great ??

i think its about time people of britain stopped being robbed by these so called charges, and its great that we can do something about it,

i hope things go smoothly too, ive been reading around the site to give me an idea what to expect and what to do in order to be prepared for the next stage,

i think its exciting, and im prepared to fight there ass's all the way to get my money back, dont think i would have known that we could with out this site though.

good luck with your claim, we will have to keep each other posted with each progress.

 

all the best

malissa

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Good luck to you both - keep coming back for answers as the questions arise...:)

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

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.

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Guest malissa7999

hi mr skull,

thanks for your support, i read the challenges you had with HSBC, god they just dont listen, i loved reading your letters what you wrote , and my letter today i posted recorded delivery to mr m bowden, i hope he gives me a psoitive reply ....i.e my money back,

i disagree with the other comments about you sounding harsh, you did what you had to in order to get what was leaglly yours, and some of these banking staff can be so arragant, the fact that still impose these charges on to your account is disgusting,....ahhhhhh will there ever come a time when they are not allowed to do this with out the need for us to stress and constantly be on there backs to reclaim back our money ?

i hope so,

i moved from HSBC cos of the rediculous charges, i moved to HALIFAX,.. there no better i plan to claim my charges back from them too,......oh by the way is there a legal deadline till claims can be made ?

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Guest malissa7999

ive read on other peoples threads, that they are able to claim for postage costs and cost of time ect, in my request i didnt include any of these charges, not even the cost of the recorded delivery, i read that we should not have to pay these charges if the unlawfull charges werent levied in the first place,....how does one know how much to claim, i.e postage costs, you dont know untill after youve posted the last letter, and who knows how long the saga will go on for,

basicly should these charges have been added on at the beginning of the claim, but if we do that and it turns out that every penny we claimed for wasnt legit,i.e receipts, then wouldnt we be as bad as the banks..i.e making profit unlawfully ?

 

or is it best to claim for additional costs in the event it goes to court ?

 

gosh there is so much info on this site

 

thanks

malissa

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ok,

no you cant claim for anything like that, its an absolute minefield you would be walking into to try and get anything like that back

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...
Guest malissa7999

hi,

im so gutted i havent had any kind of reply to my preliminary letter, despite sending it recorded delivery, and giving them a 14 day deadline, which expired on the 30th june,...shall i send the letter befor action, im feeling a little deflated and wondering if they will even bother responding to that, HSBC are so rude not to even send an acknowledgment letter, in the letter befor action can i also tell them if i dont receive my payment in full then i shall be pursuing a claim for the full amount plus all charges,

can anyone give me any advice, and is it normal not to have any reply to the preliminary letter ?

 

thanks !!

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im so gutted i havent had any kind of reply to my preliminary letter, despite sending it recorded delivery,

This isn't unusual

 

in the letter befor action can i also tell them if i dont receive my payment in full then i shall be pursuing a claim for the full amount plus all charges,

 

If you read the LBA, it says exactly that.

 

Stick to the timetable, send the LBA

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Guest malissa7999

thanks for ure advice and encouragement,

i think when u read the forum its so easy to become excited, and when u dont get any reply of any kind, its dissapointing,

i will send the letter befor action and i will do as you say and stick to the timetable,...thanks again for the encouragement !!!

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thanks for ure advice and encouragement,

i think when u read the forum its so easy to become excited, and when u dont get any reply of any kind, its dissapointing,

i will send the letter befor action and i will do as you say and stick to the timetable,...thanks again for the encouragement !!!

 

I didn't get a response to my Prelim either, so dont worry about it. 4 days before the deadline ended for my LBA I had an offer for 90% of what I was asking for ... Stick to your timetable, I'm filing on MCOL on the 4th or the 5th - go for 100% of whats yours, they would !

04/07/2006 - Full, unconditional offer made from HSBC, accepted. £1444.xx (unfair charges)

01/06/2011 - Barclay CC PPI claim initiated

13/09/2011 - Claim rejected :|

19/10/2015 - Claim restarted !!!!

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Guest malissa7999

thanks for your encouragement,

you are right when you said that we should go for 100%of what belongs to us, cos your right that they would do so,

i wish you luck with your claim, how dare they only offer a portion of whats yours !! theres no way i will settle for anything less than what i originaly asked for,.... i hope you get all of what belongs to you,...good luck !!!

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  • 2 weeks later...
Guest malissa7999

i posted my LBA yesterday by recorded post, giving them 14 days deadline to reply. i hope now i will hear something from them, as i didnt hear anything from my prelimenary letter i sent them,

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you probably will receive a reply, but again, dont be too concerned if you dont :)

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...
Guest malissa7999

im really really upset now, and confused, ive sent both my prelimenary letter and my LBA letter, both recorded delivery and i havent so much as received even an aknowledgment letter !!!!

why havent they even aknowledged my request ???

i was really hoping that i didnt have to use that moneyclaim site, as ive read some people have had some problems and made mistakes etc, ...im so down !!

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Filing at moneyclaim is straight forward. If you register, you can start filling in the form and if you get stuck you can save it online at any point, post the problem and then go back and amend it before actually submitting it.

 

Alternatively file in person at your local court by downloading the N1 form here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

and use the template here:

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

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Guest malissa7999

thanks, i have just registerd online, and was having a ''dummy'' trial at submitting a claim,..

the only info i need help with is...

1) whcih HSBC address do i use ?

2) what do i say in the particulars box ?

3) do i calculate the 8% interest and add this to the total amount of my money claim, or is this only done when it reaches court ?

 

help appreciated !!

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1. Their registered office 8 canada Square, London, E14 5HQ.

 

2. Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

3. The last sentence of the POC above is about caliming the 8%

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Guest malissa7999

thanks for your advice,..i may be thick but thge interest realy confuses me, the total amount of my charges of the last 6 years comes to £1304,...so to get the interest do i just multiply this amount by 8%, and claim that amount as interest,...im really unsure of this.

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You need to enter the charges into the spreadsheet because the 8% is calculated separately on each separate charge from the date it was incurred. Look here:

 

http://www.bankactiongroup.helpwithmypc.com/resources/BankCharges.xls

 

Enter each charge by overwriting the first three columns, the last two are then calculated automatically.

 

The daily interest rate is £1304 x 0.00022 = £0.27p

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Guest malissa7999

oh my god.....oh my god....oh my god !!!!!:eek:

i just decided to look at my statement online with HSBC, and my current account was over drawn by £167...(£67 over, my overdraft limit)

ive just gone on now and i see i am in credit be a couple of pounds,...how can this be ?? i checked and i see that on the 24th july they put a credit into my account of £170 with the description 'refund of charges'.....while this feels amazing, and really it does feel great !!! why have they ignored or not even refunded half of my requested amount of £1304,...£170, comes no where near !!

i expect i will recieve a letter in the post tomorrow stating some kind of gesture of good will blah blah blah !!

today there dead line is absolutly up, and i tried to do a dummy trial on moneyclaim which will cost me £120, i dont get paid till 31st july so unfortunately im unable to progress untill that date, they should be thankfull of the extra time, and boy am i looking forward to making my claim as it will have upped from £1304 to £1424...how stupid are the banks !!?? do they not know that if they just paid up what they actually owed then they wouldnt have to pay court costs,..they are really stupid !!!

 

by the way thanks for the link to working out my interest, im really stupid because i still dont get it, also it dosent help with the fact that i dont have excel on my pc :( ,...i guess i'll just be happy getting my money back with out interest...then if by any chance it does get to court i'll rely on the judge to work the interest out:rolleyes:,

 

if i get any letter in the post explaining the unusual amount refunded to me then i'll let you guys know,....i suppose i will have to reduce the £170 off my claim too ?

 

thanks to everyone on this site...i love u all !!!!!!

 

'god i feel high':p

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Guest malissa7999

michael your an absolute star !!!!

thank you so much for giving me the link to the online calculator, its so easy to use, and much better than getting all confused with spreadsheets etc,

ive used the online calculator and my original charges were £1304, now with the interest it is £1573.20....not forgetting my £120 court fee's,

 

now the questions is do i put the amount im claiming for on moneyclaim as £1304 or £1573.20 +court fee's,...or does the interest actually only become claimable once in front of a judge ? im not all to clear on this.

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