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

Vampyra

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Everything posted by Vampyra

  1. Vampyra
    Thank you both. I get ESA and in the support group. Also DLA monthly. I only get that level of ESA because of my illness.
  2. Vampyra
    Thank you for that. I have to say they did an income and expenditure form yesterday. I will do another though. They initially told me they wanted to look at other ways of helping me and used this as a justification of how long I was left hanging on the phone. Sorry to be dumb but where do I find the hardship letter? Thank you for your help.
  3. Vampyra
    Sorry also forgot to say I have been on ESA for a year with another 2 years left before review. I told them this. They ignored it. One even said after I had spoken about my medication and specialist appointments; "I hope you will get to start your medication soon". I had told him I had been on my medication since last April earlier in the conversation.
  4. Vampyra
    Thanks for your replies. No I didn't claim the charges back, this last year I have not been charged. I have paperwork for I think 2012/3 which says I paid £400 odd in charges. Goodness knows how much they charged me while I was a Carer. I know I complained sometimes and the charges were refunded but not all the time. I only joined HSBC in 2006 before that I was with Nat West. If I can only go back til 2008 I would probably be getting on for close to a grand. My concern is I don't think they have the right to question me as indepthly about my illness and exactly what I purchase. My account is in order yet they told me they would only give me 60 day before a review because I had made a few purchases adding up to £10 which they felt I must not make. Both my OH and aunt said they have no right to question me as long as I am not overspending each month. I will eventually improve medically wise but I can't say by how much. I have a thyroid condition and an autoimmune disease which can be managed but I am still in the early days of treatment. I have been and still get very ill some days, being almost crippled. I told the guys at the bank I felt discriminated against and felt their questioning meant they didn't believe me. I said I felt extremely upset with the questioning and the extended time it took to sort this out. I was left on hold 4 times at around 15-20 minutes each time.
  5. Vampyra
    I have been a full time carer on benefits since 2002. I have had lots of charges with HSBC, however, they have not been charging me now since last year. Can I claim back further? I am in very dire straights and am willing to have a go, but need advice please.
  6. Vampyra
    Had a VERY upsetting afternoon. I suffer from Hypothyroidism and Hashimoto's Disease. Quite common but only been diagnosed a short time and still trying to get medication correct. I was a Carer for my mum for 10 years but I have now lost my home due to her having to go into a home. I am currently with friends and on benefits. I have many problems which I won't go into here. Because of this, last Jan or Feb, by luck I spoke to someone at HSBC about excessive charges which some got refunded and others didn't. He set a plan in place whereby, because of my long term situation, they were not to charge me overdraft charges. I had to phone every 3 months to reset the plan as they could only do it at 3 months at a time. This seemed to go well until one girl raked me over the coals asking me many questions about my expenditure and that she wanted me to cut out my spending. A few weeks later I got sent a new debit card. I knew nothing about the old one being lost, as I thought so phoned the bank. To cut a long story short she had, unbeknownst to me, cancelled my debit card which was contactless and sent me a non-contactless one and on further investigation had cut my spending limit per day from £100,000 to £10,000. Now I can't afford to spend either but the customer adviser told me to complain. I did and they apologised and gave me £50 compensation for the trouble. EDIT forgot to say here, I was "punished" for being poor by having the contactless thing taken away - I couldn't really care less but it's the principle. So, re-setting the plan with the bank worked well til today. It took 2 1/2 hours of them asking me very invasive questions about things I had purchased upon my account, wanting to know what was wrong with me and when I would be working again and making me feel like I was lying and probably a criminal. "You bought something from Amazon, what was that for?" Do I have to go through this discriminatory behaviour every time I renew this plan? They tell me I do because for some reason they don't want to look at incoming and outgoing and see my position hasn't changed. I am not a wimp but this has left me very upset and distressed. What can I do and who should I contact please?
  7. Vampyra
    I know. Thanks, you have been so kind and helpful. When I have a bit of spare cash I will send a donation.
  8. Vampyra
    Thanks Andy will tell him. I'll let you know when I hear and what it says just to come full circle on the thread. I'm actually crying here. Release of the stress I guess and it isn't even mine lol
  9. Vampyra
    OK thanks for all your help Andy. It really has been appreciated. I tried but I had no idea what I was getting into really as you know. I have spoken to my friend and the letter he had was to attend a Preliminary Hearing, so I don't understand why the judge wasn't clear in explaining about the judgement. Anyhow, I did my best. Feel rather deflated that this went out of our hands at the end to be honest. I knew it was a long shot for my friend but... So, when would we expect to hear from the Court? And will my friend get notification of a CCJ? Or any time to pay? He may be able to get help with the full amount but it's not a given.
  10. Vampyra
    These cost refer to the Preliminary Hearing, nothing else. I am sorry Andy. I stupidly thought when we asked for mediation we would get it. I should also point out when I asked HL Legal over email and via telephone for their client to provide the CA they said they would ask their client but never had any written reply to that. Can this have been a full hearing without us being aware of it? The judge didn't explain this when the meeting started.
  11. Vampyra
    I honestly don't know. We asked for mediation. This was a Preliminary Hearing. We filled in all the forms you told me to and in the way you advised. We put in the local court we wanted to go to and my friend got his letter from Northampton CC saying it had been moved to another court. It was near but not the one requested. My friend heard nothing more. We attended and I thought this was mediation, but now you have questioned it, I'm not sure. What does it sound like to you?
  12. Vampyra
    He just wasn't having it Mike. I even showed him a credit agreement I have for my car insurance showing the prescribed terms and said the Application Form didn't show these and legally had to. He ran along at such a pace too trying to get it wrapped up.
  13. Vampyra
    Sorry mind all over the place. As far as I am aware the judge awarded them the case. He was saying something about November and I think this may have referred to when judgement was to be entered. He discussed this with the other side in legal terms and we didn't understand and he wrapped the hearing up very quickly. The costs refer to this preliminary hearing. No the house issue was only raised because the judge asked my friend if he owned his own home. It seemed the judge wanted to put a charging order on it and due to these issues couldn't. I know you have said it before, my friend doesn't help himself, but I have no idea what he should do regarding accepting the costs and approaching HL to broker a deal. Sorry my first post wasn't very clear.
  14. Vampyra
    Just an update and a couple of questions. My friend went to court - HL never responded to the request for the credit agreement. There was mediation and I was helping to present my friend's case. To cut a long story short, the judge refused to accept that something which clearly said Application Form was anything other than a full credit agreement. Even when I pointed out prescribed terms had to be on the signed page to make the agreement legal and binding, he refused this. I quoted the correct sections of law but he wasn't going to accept it. Unfortunately he them turned to my friend and said "Be honest now, you spent the money didn't you?" and my friend said "Yes". Our whole case was shot out of the water. However, my friend has currently got an appeal going through for his Employment and Support Allowance which wont be heard til next year, so he has no income and without going into too many details, the house he should own and was left to him by his father is caught in a wrangle he cant afford to fight as his father's solicitor won't complete probate and sign the deeds of the house into his name. The judge wants to put a stay on the house so the money is repaid when sold. The judge is aware of the situation. We also said and the judge agreed to persue PPI on this claim. HL Legal sent a letter re costs 25 days after the preliminary hearing. My friend has had no paperwork from the court so even though I was there I am not exactly sure what is to happen. The judge mentioned something about November but I honestly got lost. The judge did say he didn't, under the circumstances want the costs to spiral. My friends got a letter 3 days ago requesting £412.50 counsel fees, £530 court fees and £120 for their agent at the preliminary hearing. Total £1062.50p The letter asks my friend to sign saying he agrees to pay these fees within 14 days, however, if they get no response within this time, it will be referred back to the judge to consider. Should my friend allow this or should he agree to the costs? Are they reasonable? I think I know the answer but said I would ask anyway; my friend's family overseas said they could possibly send over half the owing money. Is it too late to broker a deal at this stage? Any other advice you can give would be gratefully received.
  15. Vampyra
    I rang on my friend's behalf. as soon as i mentioned the application form, the person tried to say the application form said it was a credit agreement and as soon as I said it was not a CA as it did not contain the prescribed terms as per the CCA 1974, the person immediately asked me to put this in writing so it can be sent to their client for the client to decide the next course of action. I am going to email HL as a follow up to the conversation. Plus I am going to put a hard copy in the post as the person said they were on annual leave for a week. Let's just see how it goes.
  16. Vampyra
    Sorry Andy been getting to my friend's house. Yes, I want to speak to them with the intention of making them aware that IF a judge DID say that the CA didn't matter and made it enforcable, then we will be persuing PPI on the account which started all those years ago. Thus, whatever they collect may be more than negated by the PPI claim. I hope that sounds clear.
  17. Vampyra
    Well I am just going to get my friend to phone HL and then discuss the lack of CA and then see what they say then follow it up with a special delivery letter. Gonna try this as I have no idea what else to do. Thank you for your help.
  18. Vampyra
    Can someone please help? This letter has to be with them by Friday this week and I am completely out of my depth here. We have repeatedly asked for through Credit Agreement and been sent an Application Form. I don't even know if I send this to the court as well. Thanks in advance.
  19. Vampyra
    Sorry I have been very unwell recently so have only just got online. HL Legal have sent loads of paperwork but again no Credit Agreement. I have drafted a letter but do not know how to legally say that I cannot see it is within their interests to risk going to court without a CCA. Maybe someone can advise please? Thank you for your disclosure documents which I have received. I am particularly concerned about one document which remains missing. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of a true and properly executed credit agreement on request. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of a true and properly executed agreement under these sections of the Act. Unfortunately, what you have so far provided is an Application Form for a Mastercard and not a Visa card which the disputed account pertains to. An Application Form is not a true and properly executed credit agreement. All advice regarding this would be greatfully appreciated.
  20. Vampyra
    Sorry I have been very unwell recently so have only just got online. HL Legal have sent loads of paperwork but again no Credit Agreement. I have drafted a letter but do not know how to legally say that I cannot see it is within their interests to risk going to court without a CCA. Maybe someone can advise please? Thank you for your disclosure documents which I have received. I am particularly concerned about one document which remains missing. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of a true and properly executed credit agreement on request. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of a true and properly executed agreement under these sections of the Act. Unfortunately, what you have so far provided is an Application Form for a Mastercard and not a Visa card which the disputed account pertains to. An Application Form is not a true and properly executed credit agreement. All advice regarding this would be greatfully appreciated.
  21. Vampyra
    Ok I will draft a letter and post it up here and maybe you can advise me if I have missed anything, please. Give me a few days.
  22. Vampyra
    Ok my friend has received a letter from Northampton CC saying he has a "stay" til 14th June 2013. Any advice as to what happens now? Does my friend need to do anything? Still no signed credit agreement.
  23. Vampyra
    Sorry, another question. Will the lack of a signed Credit Agreement with the prescribed terms be of any use now? Also, as there seemed to be several different cards updated without credit agreements and they are showing an application for a Mastercard, (my friend had both a Mastercard and Visa), and the debt appears to be on a Visa card, isn't there a lot of ambiguity over the entire thing? Lastly, does my friend need to SAR MBNA at this stage or are we too far down the line? Thanks.
  24. Vampyra
    OK thanks Andy.
  25. Vampyra
    UPDATE: My friend says he got a loads of letters from HL Legal today claiming "Due to the commercially sensitive nature of the Deed of Assignment, this cannot be disclosed to you". Would this be correct? My friend says still no sign of a Credit Agreement. Not personally seen all the paperwork but post any other information when I have seen it.

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