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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

sharburrys

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Everything posted by sharburrys

  1. sharburrys
    What is my options to put this claim back??? All I need the judge takes the case and I have got all evidence.... photos, telephone conversations, customer letters, more evidence etc
  2. sharburrys
    I think while we were issuing the claim my partner did not give full info. she was quite emotional and she put this as it is limited to characters you use on the internet (money claim) We had a visit from L B from S C S Ltd on xyApril 2013 the only director of our company Mrs S.... was at one of her family members funeral L B informed mr y who looks after our company Finance that he will arrange removal of goods and machinery if we didnt come back immediately then L B started to take photos and an inventory of our goods and machinery in front of the clients and our staff, he carried on talking on the phone between 1 30pm and 4 30pm in the reception area, we tried to arrange a payment for the next day and asked him to leave the premise He refused to do so. Also SCS Ltd invoiced us for a service that didnt happen(estimated) we believe that SCS has breached Companies Act 2006 Privacy and Confidentiality Act 1988 Code of practice for bailiffs The Supply of Goods and service act 1982 Harassment Act 1997 evidence will be provided
  3. sharburrys
    Dear All I would like to update you very quickly and would like to ask your advise: I have taken the landlord and their management agents to the court based on breach of contract and the landlord and tenants act 1954. Immediately we received a bailiff visit; the warrant was issued by the management agent on behalf of the landlord.... since I opened the case I realise that the landlord who was introduced to be the landlord is a "Dormant Company" but wholly owned subsidiary of a large firm. Bare in your minds we are paying VAT on top of rent and service charge.... I recorded the calls and I explained the bailiff that the warrant issued on behalf of a dormant company and asked them to step back... they embarrassed us in front of customers and even in our absence they made the junior employees to sign a document... I took them to court (small claims court) based on fraud act and companies act 2006 and the courts response was by the court manager: - this is not a claim can be issued on Money claim online and asked me - Application to set aside or vary order made without notice 23.10 (1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied. (2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application So I would like your help if possible- this is the action against the bailiff company not the landlord as that is a seperate case going on between us and landlord and the management agents. Regards
  4. sharburrys
    gizwick I dont know if you read my thread about HSBC above?? I can tell you from my experience that FoS is a complete waste of time; we consumers think that the FoS agents go to the companies collect the paper work and check their system if necessary and investigate the matter etc... or we really want to believe in that way as they are the only hope left for us in the financial matters when we can not resolve the problems with the companies.... Unfortunately in the reality they dont. All they do is either phone call or mainly email correspondence with the companies legal team, nothing else (from my experience)... FoS can change their opinion frequently depending on the paperwork given to them; basically your word is against their word; the difference is they have got an experience team working for them whose jobs are manipulate the situation etc. My advise is : 1-Do you have a paper trail and any other evidence gather as many as possible even if you think it is not useful 2- put an SAR request anything about you including the internal correspondence (you can find a template letter on this site) 3- keep always calm and make them to make the mistake believe me they will make mistakes and go through all the papers with details once you received the SAR request 4- I dont know how much your claim is but you can open a court case in a small claims court 5- dont panic with their response or dont be frustrated with their attitude if you have got any further details I might be able to guide you only with the experience I have had ( bear in your mind I am not a legal person) Best of luck Thanks
  5. sharburrys
    Hi Caro Thank you for informing me, really appreciated your help, So does it mean that I can take them for upto £10,000 from today's date? Any chance you would have any knowledge about Goods and service act 1982??? Service charge we are paying is a variable rate not a fixed rate like rent?? So which way is appropriate to open the case? Breach of contract or goods and service act?? I look forward to hearing from you Regards
  6. sharburrys
    Hi everyone I hope you are all well and having a nice easter Just wondering; from 1st April 2013 Small claims court limit is going up to £10,000 but there is a paragraph stating "They will apply to all multi track cases commenced on or after 1 April 2013, in all courts except the Commercial Court, unless the court orders otherwise." Would you mind me asking how you would comment on this paragraph in our case as we are a business and so is the other side? Does it mean that we can still use the Small claims tracking and increase the liability upto £10K and what is the commercial court? Kind regards
  7. sharburrys
    Hi Citizen B I hope you are well and having a nice easter Just wondering; from 1st April 2013 Small claims court limit is going up to £10,000 but there is a paragraph stating "They will apply to all multi track cases commenced on or after 1 April 2013, in all courts except the Commercial Court, unless the court orders otherwise." Would you mind me asking how you would comment on this paragraph in our case as we are a business and so is the other side? Does it mean that we can still use the Small claims tracking and increase the liability upto £10K? Kind regards
  8. sharburrys
    Hi Guys Can anyone please advise me whether Service Charge in our contract with the landlord - is it something covered within Goods & Service Act 1982? or is it just a contractual duty and G&SAct 1982 is irrelevant? Regards
  9. sharburrys
    Hi CitizenB Noone seems to be coming I am afradi:) Just wondered whether Service Charge in our contract with the landlord - is it something covered within Goods & Service Act 1982? or is it just a contracttual duty and G&SAct 1982 is irrelevant? Regards
  10. sharburrys
    Hi 42Man Thank you for your response Answers to your queries; They demanded us to pay £8K by Monday otherwise they will pursue it.however we are on a payment plan paying monthly arrears was caused in 3 ways: 1- I found out after going through 20 pages of history of payments and realised the agent invoiced for example say £5k and then for the same period they raised another invoice for £6K and credited £4.75K and their explanation us change of VAT at the time they invoiced wrong but no response why they credited 4.75K rather than 5K? there are 4 quarters like that 2- we have got a gym upstairs and caused us a hell of loss as banging, vibration, damage on lights discounts and cancellations etc. however we have got a Quiet enjoyment clause in our contract the landlord does not want to take responsibility 3- we failed to pay in 2008 and 09 however we paid 2010-11-12 15% more than our annual rent Their response is a contractual duty and Goods and service act 1982 is irrelevant and we have got no legal ground to stand etc. Also we tried a solicitor through legal cover, they took our case in 2008 and dropped it in 2011 after invoicing our insurer £24K less than 50% chance to win??? then I realised the solicitor firm we hired through legal cover was on top of the solicitors from hell list:))) My question is whether service charge is under goods and service act 1982? Regards
  11. sharburrys
    Hi everyone I am sorry to approach you the way with the title I have written but if it was not so urgent I would try a different way. 42man and andy; you are recommended by citizen who believes that you may have the expertise to help me in this matter. My girlfriend and I have been running a small business for the last 7 years and for the last few years we became successful and decided to expand the business with opening another branch. My problem is with our current landlord, their managment agent who look after the site and their rude and threatening solicitors. We pay rent + service charge for the site to be managed. However we believe that the management agent has ignored us for the last few years. For instance: there is a leak from the roof and we informed both the landlord and the agent in June 2010 and they have done absolately nothing up until March 2013. It caused us physical and financial damage as we had to refund, discounts to the clients (as the nature of the business and the water drops on top of the clients) as well as paying to the window cleaner to keep nice and clean. We tried to arrange a conference call with the landlord and our neigbours who are suffering with the same problem. All of us received a letter from their solicitors and they think it is not appropriate to contact the landlord at this stage. We tried to find an amicable solution with their solicitors and requested a full refund on the service charge as we have not received the service which we paid for? They threatened us and we received an email stating that they want their monies upfront rather than monthly instalments as we were on a payment plan and paying monthly rather than quarterly (and we are also trying to reduce our arears which was caused by inefficient management by their agents) however they are holding rent deposit which is 2 times bigger than the arrears. without giving a notice they requested us to pay on Monday upfront around £8K I am really concerned with their attitude and threatening behaviour. I am considering to take them to court based on Goods and Service Act 1982. any advise? Regards
  12. sharburrys
    Hi everyone I am sorry to approach you the way with the title I have written but if it was not so urgent I would try a different way. 42man and andy; you are recommended by citizen who believes that you may have the expertise to help me in this matter. My girlfriend and I have been running a small business for the last 7 years and for the last few years we became successful and decided to expand the business with opening another branch. My problem is with our current landlord, their managment agent who look after the site and their rude and threatening solicitors. We pay rent + service charge for the site to be managed. However we believe that the management agent has ignored us for the last few years. For instance: there is a leak from the roof and we informed both the landlord and the agent in June 2010 and they have done absolately nothing up until March 2013. It caused us to physical and financial damage as we had to refund, discounts to the clients (as the nature of the business and the water drops on top of the clients) as well as paying to the window cleaner to keep nice and clean. We tried to arrange a conference call with the landlord and our neigbours who are suffering with the same problem. All of us received a letter from their solicitors and they think it is not appropriate to contact the landlord at this stage. We tried to find an amicable solution with their solicitors and requested a full refund on the service charge as we have not received the service which we paid for? They threatened us and we received an email stating that they want their monies upfront rather than monthly instalments as we were on a payment plan and paying monthly rather than quarterly (and we are also trying to reduce our arears which was caused by inefficient management by their agents) however they are holding rent deposit which is 2 times bigger than the arears. without giving a notice they requested us to pay on Monday upfront around £8K I am really concerned with their attitude and threatening behaviour. I am considering to take them to court based on Goods and Service Act 1982. any advise? Regards
  13. sharburrys
    Hi Lantana Thank you for your response, the question is we dont know how much they have charged as we can not see and we dont have the statements? I can not go back 8-9 years to see online? Are they allowed to? Is it not a partly breach of Data Protection? Regards
  14. sharburrys
    Dear All I was reading some threads re- PPI charges and how to reclaim and calculate etc. I put an SAR request and I received 2 parcels of paper work as my bank account goes back to 1999 - one of the first direct customers. I was going to through my paperwork and realised that the gentleman who prepared the papers for my request; wrote me a letter stating that: "He was unable to find any documents/statements for "february 2005 and May 2005 (inclusive) and apologising" I am very concerned with his response. Is anyone able to help me what I should do? Thanks
  15. sharburrys
    Hello Lee79 I know how difficult it is to deal with HSBC, Please read my case above... In september 2012 on the same day of the court case held... 10mins before going into the case.... big HBSC's big barrister offered me around £3,5K to withdraw this case before going to the court.... I accepted immediately but asked them what happened???? I did not have any chance to win according to your legal team??? so they are all bully.... Dont believe them and the best advise that I can give you, be patient and dont allw them to make you frustrated... be factual and request what you need... always give them a time schedule (limit) them to comply your request... dont show them your weaknesses and frustration.... remember their job is not to give you money... it is what they are hired for.... You are in the beginning stage of your complaint, the next stage will be contacted by HSBC's solicitors DG solicitors which are part of HSBC group )) I would recommend you to put an SAR request to get all the datas about your account, they are useless they give you their internal correspondance regarding your complaint and then you will receive a parcel around 10000 pages and read them very careful... you will see in that parcel so many useful things that you can use against them.... By the way FOS???? Big doubts about their work???? At the time I checked the rate of FOS compensation decisions given against HSBC almost 1/2 of the other high street banks despite their size and being the biggest bank in the UK??? It might be useful to request a FINAL DECISION FROM THE OMBUDSMAN not from an adjuticator but be specific about your complaint dont diverse the subject.... You may find it very interesting the fact that their head quarters (HSBC) and FOS building is only few yards away from each other:) what do you think having a nice (expensive) lunch break in a city restaurant may be an ideal place to resolve their clients complaints:))))) Good luck... Keep update us... I am quite intersted.... Regards
  16. sharburrys
    Dear All.... I have got great news for you.... My court case was couple of weeks ago and just before the court GREAT-BIG HSBC's barrister offered me a resolution without going through the court (this is all happening 10mins before the case) for £3,500.... I accepted and today; I received my cheque and banked it with pleasure... I wanted to say a BIG BIG Thank you all!!! what you have done was amazing... thank you for all your supports and advice The last thing I would like to ask you a question??? You may think I am being a bit greedy but can I reclaim from HSBC the charges back? because my case was not related to the charges? I have been charged around £1,200 for 6 months time frame.... £25 a day overdrawn charges.... Can anyone show me a link please if anyone knows? Regards
  17. sharburrys
    Do I need to do anything else? like paying another hearing fee or sending documents or any other protocol that I will have to follow? I already paid for one for May hearing but now it is adjourned so do I need to make another payment for any reason? Thanks
  18. sharburrys
    Thank you guys I have received a letter from DG stating that "there must be a mistake and we can see from our representative's notes that the claimant was ordered to pay the cost of our rep of £210" A copy was sent to me and another to the court I sent my witness statement and all the documents that I believe relevant to the court and a copy to DG on Tuesday so waiting for the hearing... Thanks
  19. sharburrys
    Dear All I have just received the papers from the court stating as the judgement is adjourned: I would like to ask your advise for 2 matters: 1- I have been told (verbally) by the DJ that I would have to pay around £200 for HSBC's barrister's cost Now in the order that I received it does not state anything about this payment. There are 5 bullet points and regarding the deadline My question is : if I still have to pay? 2- I am preparing my witness statement as well as all other relevant documents; I know that you are not allowed to enclose anything on the outcome of the mediation if both parties joined this process... My question is I have shown my goodwill and accepted the mediation but HSBC refused, can i show this one in my witness statement? Thanks you for all your help Kind regards
  20. sharburrys
    Mike No it was not at Torbay court. Citizen B They have not delayed the SAR but what they did was; they sent me some documents in half- which means I can find the page 1/2 but there is no page 2/2. Also some of the telephone conversations which I have written down in my diary are not in the transcript? I would like to know if we can classify this as FRAUD? they surely misled the FOS and they tried to hide documents form the court. They told the FOS as the terms and conditions that I agreed (2008) was the same of the current ones and they put my electronic acceptance with attaching the current one: In the current T&C: They say: "where available cleared funds held in your nominated account...." and this updated in ***May 2010**** what was the T&C before between September 2008 until May 2010: "where available balance in your nominated account...." Bearing in your mind they sold the shares in Dec2009. IS this not Fraud?? I have got the internal email saying: "she (employee of HSBC) is not worried about the T&C as they can cover it up her real concern was the transcript.... Other senior guy was saying: " HIU - HSBC Investment Unit and CUU - Credit Underwrite Unit should have communicated better and £6100 worth shares should have sold not £6,798 which will also allow the client enough budget for his living cost" Is this Fraud?? surely they provided FOS my electronic acceptance with attaching different T&C... Andyorch, slick, Steven4046, Mike and Citizen B thank you very much for your help whole the way through my case... This case has been going on since 2009 and it is draining and so stresfull... All I am trying to is: reclaim my money what is sold excessively with the amount of shares at the time with an average share price between 2010 and 2012 with deducting what it was worth at the time... It makes at least £4,900 but if I went for a full compensation with consequence loss this would be worth around £11,000 Regards
  21. sharburrys
    Hi Slick Thank you for your message. The reason why I have been penalised to pay for the barrister's cost is the fact that I could have sent the information to the court earlier than the court case. I told the judge but HSBC kept me waiting and did not provide full documents and I had to chase DG and HSBC. But the judge asked me what SAR is? and then she said what is it to with the court case? then I explained to her the situation and she postponed the case but she said that I may be responsible for HSBC's whole legal expenses in the next case Does anyone know the difference between Small Claim and fast track? and the barrister tried to put the case through the fast track in the beginning, I really would love to have some help with these terminalagies Regards
  22. sharburrys
    Dear All Just a quick update... I have attended my case today.... DG sent a barrister as expected... 1 day before the case I received a paper work from DG, and HSBC kept delaying my SAR request and once I have got all the documents.. They sent me accidentally their internal memos and their emails etc. with blanking the names but still dates and times are available.... So the court was quite interested in the case and refused DG's request of SO and the judge said that it will carry on as a small claim... But when I tried to provide extra evidence at the court (which i told the judge that these evidence came to daylight recently) the judge went a bit mad at me I tried to explain that HSBC held documents from the judge and they also misled the fos and I have got strong evidence to prove this , she told me that she does not have enough time to read all the papers and I should have sent them before the hearing day. So to sum up; I have been ordered to pay the barrister's cost of £210 and the case has been postponed for extra documents to be sent.... I would like to ask everyone; due to the fact that my case is getting more interesting; if anyone is keen to take my case and help me? We can give these guys a really good lesson? (in my personal opinion the judge was even surprised where I got all these documents from) I have got only 14 days to put my statement and the documents... Regards
  23. sharburrys
    Dear All Just a quick update... I have attended my case today.... DG sent a barrister as expected... 1 day before the case I received a paper work from DG, and HSBC kept delaying my SAR request and once I have got all the documents.. They sent me accidentally their internal memos and their emails etc. with blanking the names but still dates and times are available.... So the court was quite interested in and refused their request of SO and said that it will carry on as small claims court... But when I tried to provide extra evidence at the court (which i told the judge that these evidence came to daylight) judge went a bit mad at me:) I tried to explain that HSBC held documents from the judge and they also misled the FOS and I have got strong evidence for that, she told me that she does not have enough time to read all the papers and I should have sent them before the hearing day. So to sum up; I have been ordered to pay the barrister's cost of £210 and the case has been postponed for extra documents to be provided.... I would like to call ask everyone; due to the fact that my case is very interesting; if anyone is keen to take my case and help me? We can give these guys a really good lesson? (in my personal opinion the judge was even surprised where I got all these documents) I have got only 14 days to put my statement and the documents... Regards
  24. sharburrys
    Dear All I would like to enquire very urgently; whether there is a paragraph or any bullet point on CPR which I can use against DG's request of Strike out for the following reason: "I have checked all the DG's defence letters to the court and they included "Financial Ombudsman"s Final decision but what I found out they did not include all the papers and they picked and chose as well as they deleted the page numbers in the original decision and they re-numbered them in hand writing" I have just found the original copies of this which I believe will have a great infulence tomorrow... What bullet point or paragraph can I use for misleading and holding documents from the judge agains DG's request of CPR 3.4.2 (a) and (b) Please, please... helpp Regards
  25. sharburrys
    Hi everyone Thank you very much for every single advice you have given me... I feel more confident I will prepare everything and go to court tomorrow (17th May) Andy; regarding your question: "Have you received any Witness Statements in support of the application for SJ and have you prepared one yourself in opposition? If no to either of these points then thats another point to raise why their application must fail because you have been disadvantaged in dealing with their application along with Slicks advice." I received a witness statement from DG but I did not know to give my witness statement but what the papers from the court saying: "both sides to provide documents to each other" which I did but not under the witness statement (called) I sent them a copy of everything what I sent to court. Did I do something wrong? Even if the strike my case out can I re-open it again? Regards

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