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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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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.

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Help needed please!! with HSBC claim


helenf
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Please can someone advise if I have fallen at the first hurdle??? I was just looking at the complex spreadsheet and I think I became confused between the O/D interest and the 8% interest. The spreadsheet clearly states do not include 8% at the prelim stage...which I haven't but I also took that to mean the O/D interest which is quite substantial. I may have saved my neck though as on the prelim letter I stated I wished to claim recharges of xxxx EXC Interest?? Have I messed up or might I get away with it???:confused:

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to be perfectly honest with you helen, it wouldn't matter if you asked for 6 filet steaks and a bottle of bubbly in the prelim.

the prelim is stating that you have a grievance and yes, it's true you are asking for a sum to be returned - they haven't returned it - so forget it.

 

the second letter you are saying - i've asked you politely - and now if you don't respond by giving it back within 14 days - then i will file a claim in court against you - and here is my revised schedule of charges.

 

and 14 days later when you file your claim - if you've found more charges (or less!) or have had more added on - you can go ahead and file and send dg an amended schedule of charges.

 

the point is - it's the one you file your claim with and use in your particulars of claim that you are stuck with. (and even then you could go through the amendment procedure for £35 and a bit of paperwork) though it would be best if you didn't have to do that.

 

so, whether you call it amended or revised or whatever you want to call it - you just send another one at the next stage - and say this one is the one i'm using now.

 

so, first letter and second letter - you can ask for charges plus overdraft interest - just call them all charges from this point on.

 

and when you file the court claim - you can add the 8% statutory interest on.

 

have i eased your mind?

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to be perfectly honest with you helen, it wouldn't matter if you asked for 6 filet steaks and a bottle of bubbly in the prelim.

 

 

Lattie you have the best ideas around here, now where's that Lattie for goddess thread gone....... :D

 

Helen you can do what you want with your claim schedule up to the point you file your claim with the county court, after that its cast in stone.

 

So if you have just done your prelimiary letter you have about 3 weeks to check and make sure you have it right :)

 

pete

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OK! so what does this test case by the OFT mean to my claim and all others that are in the process of claiming??? Can anyone advise???? I know that the credit card comapnies have complied with a previous ruling and have dropped their charges so does anyone think that this has set a prescedent?

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Hi helenf

 

Thanks for your post on my thread. Just keep the pressure on. They're probably hoping a lot of us will be put off by the OFT case and the Brennan decision. Stay cool and keep the faith sister:cool:

tigger25

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Hi all,

 

had a lovely letter, just bog standard as appears the case for everyone, but from a Mark A Loker (very nice man he returned my sons sponsorship form included in prelim in error....he could have sponsored him a quid...hee hee!!) Not what I wanted to hear however so have sent LBA yesterday...feel really guilty about harrassing them and creating paper work for them....NOT! Do you think Colin has exploded with the pressure of the claims then or what??:rolleyes: :rolleyes: :rolleyes:

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  • 2 weeks later...

Ok, have been waiting patiently and 14 days are almost up so went to MCOL site to register. Then thought "hang on a mo!" best look at the step by step guide and now have a couple of questions if anyone can help me please? I looked at a thread by Jonni2bad dated October 06 and in big bold writing it stated that all MCOL claims were being stayed because of lack of particulars for the claim and to do claim via court ...is this still the same..is this current procedure? and secondly my claim is over the £5K by approx £500 should i still procede via small claims or reduce the amount i am claiming so it comes below £5K? Any help would be much appreciated

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apparently colin no longer works for them - or so someone was told.

 

on to your claim - all claims will be stayed - that's on mcol but i expect even the ones filed by N1 will be stayed as well.

The only claims going through are a few that already had court dates pending. I think all others will be in for a long wait.

 

so, if you are still game to get in the queue - go ahead and file your claim - but instead of using mcol - use the new hsbc poc's and file on an N1 form with your local county court. the reason for using the N1 is that there are now some very long-winded particulars of claim written by a real barrister and they need the space on the N1 - the mcol is very limited in the space for particulars.

the link for the new particulars is found in my signature at the end of this post.

it is ok to exceed the 5k by a bit - so go ahead and file.

the only money you will be out will be the filing fee (unless you are on certain benefits and are excempt - see the faqs for details).

if the oft wins and people are getting paid out - you'll be in the queue if you've filed your claim - and you'll get the court filing fee back in your claim. it's a risk - but then it always was - there was never a guarantee you would get your money back - so no change there.

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Hi

Due to visit of grandson, I have omly just seen your post re filing.. I agree with the others. Join the queue. We have just gone to court (Mon 13th) and had our case stayed for two months. We were made an offer just before goung in to see the judge, but refused it on the basis that we could not accept their terms. The bottom line for us is that we believe the charges are unfair and illegal and are prepared to see that through to the end.

tigger25:cool:

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Hi

 

Before going in to see the judge, the representative from DG simply repeated the last offer we had received from them before going to court.

This offer still had the same terms and conditions concerning our not making the details of their payment public and promising not to take any further action in relation to our claim.

Hope this helps

 

tigger25:cool:

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