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    • The Letter of Claim information is not absolutely essential, but it would be useful for two reasons. Firstly, judges take a dim view of companies or individuals who rush to court without giving the other party notice and a chance to settle - the Letter of Claim.  If they didn't send it we could include this point in your defence and it would be detrimental to them. Secondly, we know Countrywide.  They are a very small cowboy company.  The are reluctant to do court, simply becasue they are very bad  at it.  Their record of beating Caggers in front of a judge is exactly 0%.  They have lost every time.  They send the Letter of Claim also to look for people who don't reply, thinking that the person might not reply to a claim form either, giving them an easy default win.  Conclusion - always best to reply to a Letter of Claim and ridicule the PPC's case.
    • Any update here? I ask as we have someone in a similar situation.
    • Thanks!  I already sent the acknowledgement as i panicked and thought today was the last day to respond.  Then i remembered this wonderful forum.  I'll follow the steps in the sticky next.
    • It's possible.  I suffer from ADHD and also anxiety and depression currently and struggle with paperwork.  I'll have a search around to see if i can find anything.  If they did send something I haven't replied.  I thought there's no way that they will pursue this because I know for a fact i didn't park in a private space and the evidence they have sent is so ridiculous.  What impact does this other paperwork have?
    • The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?
  • 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

Successful claim against HSBC *WON*


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I heard that people had been able to claim back charges a few months ago, but I thought it would be too much hassle to try. This was until I got a letter from HSBC this week saying that my overdraft fee is £100 this month plus £15 debit interest! I could not believe it!! £100!!! How can they justify that?? I have decided that I really need to claim back if I can - what have I got to loose? It will certainly sort my overdraft out and then stop these fees! I sent a DPA request to them on Saturday. I know it will be a huge amount, but I can't really guess. I know I've been charged about £80 in the past.

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I think I'm going to have a go at my credit cards as well as it is their interest that puts me over the limit. Also, I get late fees when I pay 2 days before hand on line and phone calls almost a week later saying I have not paid. I've had it with them and I'm going to sort it out once and for all!

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Guest Lueeze

Any fee's apart from those added when a service was provided (like setting up a overdraft-Banks can charge for this) are claimable....

 

Get them all for the last 6 years!

 

Good Luck

 

Lou x

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  • 1 month later...

I sent off my DPA recently and when I received all of my statements (about 30 individual letters on my door mat) for the last 6 years, I worked out that since I got made redundant from my job exactly a year ago, HSBC have charged me £575 in charges. These ranged from £30 'Card Misuse' to simply £100 'Total charges'. The 'Total charges' seem to me different to 'card misuse' as it was taken separately. As I was over my overdraft limit for over a week, I think they just keep charging more each day and it accumilates.

 

I sent my initial letter off to Phil Beaumont at HSBC in Leeds in the 1st of June and got a response yesterday - conveniently exactly 14 days later. The letter came from a Colin Langdale in the Service Quality team. They obviously have a whole department dealing with these claims now! Anyway, the letter reads:

 

"HSBC is... mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £500 representing the charges applied in full and final settlement of this matter"

 

I am so pleased with this - it was effortless and cost me the price of a recorded delivery letter. I said if they only offered my £300 I would take it further, but £500 is almost all of the charges and I am choosing to accept this. If only because I am going on holiday in July and need the money in my bank account ASAP!!

 

I tried this with Virgin Credit card and got £70 refunded immediately as well!

 

Thank you so much for this site. Without you, I would still be £575 down and struggling for holiday money and my overdraft! As soon as I get my money, I will be donating 5% to you as gratitude

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CONGRATULATIONS

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi mate, congratulations on your claim.

 

Could you tell me roughly how long it takes from sending your agreement letter back to having your money credited into your account.

 

Cheers

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WELL DONE U!!!

 

We are just about to start the process with Lloyds TSB & Capital One.

 

This site is absolutely fantastic without we wouldn't know where to start. We have over 6yrs worth to claim when my husband was or tried to be self-employed.

 

We to, if successful would be only to happy to donate 5% of monies recovered after all we thought it would be totally impossible to claim back monies taken (making our lives a misery) in the process but now this site has opened our eyes.

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My acceptance letter went back on Friday by recorded delivery. It stated that if I did not reply within 10 days, then they would take it I was declining their offer. I will update as soon as I have received it to let you know. Iam going on holiday on the 10th July, so I'm hoping to have it by then

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WOW I hope when we start and are ultimately successful against Lloyds TSB and Capital One we can afford along awaited holiday weve never had.

 

If like us they have made you skint for many years you are totally entitled to ENJOY your holiday.

 

Well done.

 

Regards

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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