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    • Thank-you dx for your feedback. That is the reason I posted my opinion, because I am trying to learn more and this is one of the ways to learn, by posting my opinions and if I am incorrect then being advised of the reasons I am incorrect. I am not sure if you have educated me on the points in my post that would be incorrect. However, you are correct on one point, I shall refrain from posting on any other thread other than my own going forward and if you think my post here is unhelpful, misleading or in any other way inappropriate, then please do feel obliged to delete it but educate me on the reason why. To help my learning process, it would be helpful to know what I got wrong other than it goes against established advice considering the outcome of a recent court case on this topic that seemed to suggest it was dismissed due to an appeal not being made at the first stage. Thank-you.   EDIT:  Just to be clear, I am not intending to go against established advice by suggesting that appeals should ALWAYS be made, just my thoughts on the particular case of paying for parking and entering an incorrect VRN. Also, I continue to be grateful for any advice you give on my own particular case.  
    • you can have your humble opinion.... You are very new to all this private parking speculative invoice game you have very quickly taken it upon yourself to be all over this forum, now to the extent of moving away from your initial thread with your own issue that you knew little about handling to littering the forum and posting on numerous established and existing threads, where advice has already been given or a conclusion has already resulted, with your theories conclusions and observations which of course are very welcomed. BUT... in some instances, like this one...you dont quite match the advice that the forum and it's members have gathered over a very long consensual period given in a tried and trusted consistent mannered thoughtful approach. one could even call it forum hi-jacking and that is becoming somewhat worrying . dx
    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕 The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands. If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why .... OMG! .... So excited to get to court!
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
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bex1408 vs HSBC (2nd claim) - Court in 20 days!!!! Help Please


bex1408
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At least you're not married to someone who has a hairy back. I saw that post of yours earlier!!!!!!lol

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A prudent question is one-half of wisdom.

 

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what accent are you using there Lattie?? Is it Scouse/African???

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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no, it welsh - at least scouse i can just about get - but that welsh accent is really hard on my poor american ears.

 

 

 

back in the sixties i though there were only a couple of accents - the beatles - cockney - and really plummy talk like the queen -

 

then i met a man from ull and now i know there are about a zillion accents - my favourite to listen to is barnsley! i've been in ull for 23 years now - but refuse to speak like them! i've not heard an H in years!

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Gimli was a Dwarf of Durin's Folk who volunteered to accompany Frodo Baggins as a member of the Fellowship of the Ring on the quest to destroy the One Ring. He was an honourable, wise, and stalwart warrior, favouring the axe as his weapon.

Gimli became deeply enamoured upon meeting the Elf-lady Galadriel, and the memory of this aided in the rehabilitation of the once-strong relationship between the Eldar and the Dwarves of western Middle-earth.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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That's a pretty picture there :p

 

Right - all is now done and being sent today with a cover note apologising for the delay due to postal strike etc. Have enclosed another nudge letter to DG - hopefully they will come up with the money as court is now only 2 weeks away :o

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Hi

 

I've received a letter from DG today (text below) after they have received my court bundle. Court date is 22/08. Where do i stand now?? will i have to wait until the test case has been settled??? starting to wish i accepted their original offer :confused:. Any advice appreciated. Thanks guys

 

 

We refer to the above matter. You have referred your complaint about bank charges for determination in court.

 

We are confident that HSBC's charges are fair, transparent and lawful.

 

Since you filed your claim in court HSBC (alone with a number of other banks) has become involved in legal proceedings with the Office of Fair Trading (OFT) in relation to bank charges which we believe will resolve the legal issues regarding the fairness and legality of your bank charges.

 

We will be applying to the court for an order to stay your action until resolution of the bank's proceedings with the OFT.

 

Given the court case our client has also asked the FOS not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

 

Our client asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We will keep you updated approriately about the proceedings with the OFT. You can also check the latest postition on our client's website at hsbc.co.uk.

 

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, our client will resolve your complaint as quickly as possible.

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

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they are going to ask the judge for a stay -

so you need to write and ask for it not to be stayed -

 

OFT Test claim: What this means for you

 

~~## Stays info and guidance ##~~(

 

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

there's lots of chat about this on the forum - pick just about any thread and you'll see what's going on and how to fight it

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HSBC are applying for a stay, but it is still down to your court as to whether it is accepted. Give your court a ring on Monday and ask then whether your claim has been stayed. If it has (Lattie you beat me to it), take Lattie's advice.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Hi

 

I called the courts and am told that they have been granted the stay and that the courts are writing to me to confirm this. I'm yet to receive this letter.

 

I'm going to read through the advice that you both recommended later today and hopefully get my request sent off tomorrow.

 

Thanks again

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I know i'm really late with this but i'm about to send the application for removal of Stay, i received the letter from the court only last week to say that it had been granted and i was away at the time. What is normal procedure once this letter has been submitted?

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  • 4 weeks later...

Hi Guys

 

I've not really heard anything about this since it went on, but a friend of mine who started their claim much after me is now at the point to file at court. The bank from what she's telling me are saying that their complaints are being registered so should she just wait it out now for the test case to reach a conclusion? If the complaint is registered does the 6 year thing not apply because she's already started the process? She doesn't want to pay to file at court if she can help it understandably.

 

Thanks

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From what I can gather, if you file now you can go back six years from now, and as the court process would have started I don't think that they can chop off earlier years because of the wait. If you wait until the outcome of the test case then you can only go back six years from the date you file your claim.

 

whether this is correct or not I don't know, but when the OFT announcement first came out, most people on here were advising you to file now in order to have the six years from now in order to avoid the limitations thing.

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To be honest Bex I'm personally not sure.

 

When you write your preliminary letter to the bank asking for your charges back you are registering that you believe the charges are unlawful so in theory at that point the bank account balance is in dispute.

 

But it could be argued that the dispute isn't frozen until you get a stay placed on your County Court claim, or even a letter from HSBC saying they are not required to investigate your complaint until the test case is settled.

 

see what the other's think

 

pete

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the statute of limitations has always been open to interpretation - and we've seen many, many cases where dg has nit picked over charges pre-court filing outside the six years - whether the test case has any bearing on how the sola is applied - i doubt - so what dg nitpicked on before - they probably will again - so yes, your claim going back six years from the date it is filed in court - so, if some of the charges are getting near the six year mark - then i'd advise go ahead and file the claim. interest will start if you put it in the claim - and hopefully the daily rate will continue up until it is paid if the oft case is successful - it's like a savings account!

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