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    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
    • The DVLA know less about POFA than my dog that died twenty years ago. They also never admit they have made an error.   Trading Standards would probably be a better avenue for you either on Council inaction on no pp thus appearing to aid and abet a PE scam, condoning PE committing an offence and allowing them to rip off the Council customers as well as financial impropriety by not insisting that PE pay for the requisite fees for permission. You could also complain to the ICO on the same grounds and get two investigations going.
    • I am surprised that POPLA found that your appeal had failed when Initial's response to the appeal had been withdrawn. There was no need for them to adjudicate. POP.LA should have agreed that you had won your appeal. I wonder if Initial  knew something that you and obviously POPLA didn't.  Ignore DRP. I was going to advise  you  write to Initial stating that as they had withdrawn their PCN on appeal so if DRP were acting on instructions from Initial they have breached your GDPR. However on second thoughts you may be best to send them a SAR first to get confirmation that they had withdrawn their claim before going for the breach.
    • so the eon A/C was never in her name anyway?
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lolly371 v HSBC ***WON***


lolly371
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thanks pete.he has had a phone call back from the bank, and they have now gone through everything and will get back to us with a decision, but i will still send them a letter with a timescale as you suggest, because they didnt know how long it would take to get it all sorted, and i dont want them to sit on it for weeks on end. they did say on the phone that they can see quite clearly the struggle we have had, but knowing hsbc it wont make the slightest difference.

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very true. i have got quite an impressive collection of letters, now, and also i have made notes of everything that has happened since i started the case, covering telephone conversations, letters to and from the court and the bank, and anything at all relevant, so i feel pretty confident that i can prove my side of things. i am also thinking of S.A.R - (Subject Access Request)'ing them as i used internet banking to find out all of the charges, so i would like to see what else there is, and i know that on occasions their advice over the telephone has been slightly dubious, to say the least, so there may be something in their call logs i could use.

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The more information you get hold of the stronger you can make your case although even if you get them to send everything they have its not guaranteed it will be everything they should have.

 

See Realymad's comments on the last couple of pages of her thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/102134-reallymad-hsbc.html

 

pete

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See the announcement today from alanof derby_ they are looking for details of cases such as yours to report to the fsa

 

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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  • 2 weeks later...

it has been two weeks since my oh spoke to the bank and discussed the matter of hardship. we heard nothing from them so he called them back. they acknowledge that we are indeed suffering hardship, but they can offer us no solutions, and will not be refunding our charges until they hear the decision from the test case. he then phoned the onbudsman to inform them, who told him that until he has it in writing from the bank, which can take eight weeks, there is nothing more we can do. the bank wins, yet again!! i am so angry. what is the point of the ombudsman if all they are going to do is play right into the hands of the bank? the eight weeks will basically take us up to a couple of days before my oh is due in court for his application to remove the stay. it all seems so pointless, i was hoping to avoid court, as my oh doesnt know anything about the case, i have done it all for him, and he just accepts anything the bank tells him, so i can only see one result happening in court.

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Hiya Lolly, did your OH get any names of who he was talking to? if he did just write to them confirming the telephone conversation and throw that at the FOS :rolleyes:

 

If not try phoning again and getting names of people who are telling you these things and ask for it to be confirmed in writing, then you write and confirm it anyway :)

 

pete

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he spoke to the same person who had taken the details previously, so he already had her details. i will start writing a letter, then, and see how i get on. thanks, i was starting to feel like giving up, to be honest. i have taken a close look at my finances recently, and since we have both abandoned our hsbc accounts, we are managing fairly well, so i could argue that if hsbc refunded me my charges, it would make all the difference between us surviving this rocky patch, or not.

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  • 1 month later...

the removal of stay hearing is in a few days time, and i have received the banks argument. they are saying that while my oh is arguing financial hardship he has provided no proof of the fact. a short while ago he sent the soliciters a copy of his income/expenditure form from the cccs, which will be included in the bundle i have prepared, which contains copies of all written correspondance between my oh and hsbc. he also had the conversation a few weeks ago where he spent over an hour discussing both of our financial situations to somebody at hsbc, but they have never sent him written confirmation of this result, in a final decision. is this enough to argue with, or have the soliciters got us by the short and curlies? also, could somebody please advise me as to whether he needs anything more to take to court, please?

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Hiya Lolly, all you can do is prove they are lying, but to be honest with you I don't think it will make much difference. We are only a few weeks away from the test case now so I think your judge will uphold the stay :(.

 

But having said that, no one can ever be certain so take copies of everything with you so if your judge wants proof you can show him :)

 

best of luck

 

pete

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Sorry to but in but send them copies of you IS, DLA, Council Tax ect. Also tell them there is not need to PROVE hardship they already have it on THEIR sceen as your only incone!

 

Also put an email together with the same documents as above but send it to dyfrgjohn @hsbc.com he is the CEO. My case started moving after I sent me email to HIM.

 

Good Luck

 

Chris:D

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We are only a few weeks away from the test case now so I think your judge will uphold the stay :(.

 

i thought you might say that, its what i was thinking, and to be honest we've been waiting for so long now, i'm past caring, really, its just the principle, it makes my blood boil that they think they can do what they like and say what they like and we'll just sit back and take it.:mad:

 

Sorry to but in but send them copies of you IS, DLA, Council Tax ect. Also tell them there is not need to PROVE hardship they already have it on THEIR sceen as your only incone!

we tried something along those lines in the telephone conversation and they just said that we could have a load of cash stashed away somewhere else for all they knew! my oh argued that if that was the case, then surely we wouldn't need to be falling behind on repayments, risking losing our home etc and their reply was that they needed proof, end of story.

Also put an email together with the same documents as above but send it to dyfrgjohn @hsbc.com he is the CEO. My case started moving after I sent me email to HIM.

 

Good Luck

 

Chris:D

thanks i'll try that:)

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Hi Lolly,

 

This is most likely nto what you wish to hear but I knwo of 2 cases this week where the parties had court hearings for repossesions and HSBC did nothing, they did nto respond to letters, emails or phone calls, they did phone just as they were entering the court room!!.....

 

guess what they did send a letter saying fill in this form and we will consider what we can do to help, perhaps a "loan" yup I can hear the groans from here........

 

my advice to both parties was to pass the stuff over to the OFT as I am sure that is not what they meant in the waiver..........lol.........

 

would be good if the journalist who posted on my thread would run this kind of story as opposed to the wins!!!!

 

 

 

good luck with your hearing I do hope you win, but it looks very much like the banks have priority over the actual law........... the courts own cpr do not come into play.......

 

the bully boys of big business..........

rockin all over the world

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thanks for the word of warning audrey. to be honest, i'm not feeling optimistic, the court case just feels like a waste of time. if it weren't for the fact that a no show would ruin the entire case, i would be telling my oh not to bother turning up.

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I had a nice discussion with the judge, was only me and him and the recorder there :) asked him why he had used Haynes v HSBC rather than Carlisle v Clidesdale and he said he felt Haynes was a newer case.

 

so I'm stayed like everyone else :)

 

pete

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i'm sorry to hear that, pete, but on the other hand, i'm pleased that you had an enjoyable day out. i must admit if theres one good thing about hsbc, its that you do get a good laugh from time to time. i had a nice conversation with somebody a couple of days ago, and when i asked him awkward questions, he kept repeating the same answers over and over again, so i asked him if he was reading from a script. he went quiet, so i guess the script doesn't cover that particular scenario!!

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can any body give me advice i emailed hsbc to say wanted to settle managed loan so dont put interest on.you see the money from D/LINE DID NOT GO IN FRIDAYto pay it off.so monday was going to go in and see them at hsbc but husband rushed into hospital with collapsed lung so been their all the time went on line tonight and found they charged £106.79 interest on.i was fuming so payment due 16 dec.now do i deduct interest that has been added on or wait to see what settlement figure they come up with. i have money to pay whole amount £10,000 but i want to see if they give me a good figure,can somebody help me,i did email saturday but the screen went blank so i dont think they got email,i had to ring to get back on please help me as i am not thinking straight at moment due to husband in hospital.:(

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  • 6 months later...

hello everybody, i thought i should update you. my oh finally made it to court, after the stay case being postponed due to a backlog. the judge was most sympathetic and gave the hsbc a serious talking to about the way they have treated this case and their customers in general, and sent the sheepish looking solicitor off to phone the bosses to see if they were prepared to make an offer there and then, but the answer was no. the judge then adjourned the case for a few weeks to give us chance to provide more recent financial details (they were about 6 months old as a result of all the waiting). at the second hearing, the next judge was also sympathetic, but as our financial situation had now improved (we have ditched the hsbc account and let them apply their charges to their hearts content and so no longer have any charges every month so we are back in control of our finances again,) he could not remove the stay. however, shortly after, we received a letter from the ombudsman saying that hsbc had offered to clear the overdraft and close our account, as a gesture of 'goodwill'(the overdraft was almost the same amount as our claim) and if the bank lost the test case we could reinstate our claim for any shortfall.

I THINK THAT MEANS WE WON!!!!!!!!!

obviously, we accepted!!

obviously

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Hiya Lolly and well done :) I think in the present circumstances you have made the right choice and who knows, when this test case malarkey is all over you could be back for the bit they still owe you :D.

 

So Congratulations!!!

 

pete

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  • 2 weeks later...

thanks pete. im feeling pretty chuffed, i must admit. i just wish all those others could have their own situations resolved so satisfactorally. still, i have faith, its only a matter of time.

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Congrats Lolly. Excellent news.:D

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