won Claim for return of College fees-service not provided - now Suing for loss of earnings.

[needadvice1]

ok, I am telling them to change the claim amount from 800, to what is detailed in the lba?

[legalpickle]

ok, I am telling them to change the claim amount from 800, to what is detailed in the lba?

No. You are saying that you hold them jointly & severally liable for the full debt as detailed in the LBA, copy attached, sent to LITR, under s75 of the Consumer Credit Act 1974 for all direct & consequential damages incurred as a result of that purchase and that if they don't refund the full monies within 14 days you will issue court action against them.

 

Address it to:

HSBC Bank PLC,

8 Canada Square,

London,

E14 5HQ

 

Send it SPECIAL Delivery. Write your account details in the letter.

[needadvice1]

can it be sent recorded delivery?

 

also, am I now possibly suing HSBC??? what if when they get this letter then decide not to pursue my claim for me and not refund my money? am I going to take on HSBC?

 

I have been speaking to a customer services advisor at another address, she is the fisrt point of contact, shall I send this to her aswell then?

[legalpickle]

can it be sent recorded delivery?

Nope. Send ALL important letters by SPECIAL Delivery. Recorded/SignedFor isn't guaranteed, it just means you get a signature if it arrives through Royal Snail! Special is guaranteed.

 

also, am I now possibly suing HSBC??? what if when they get this letter then decide not to pursue my claim for me and not refund my money? am I going to take on HSBC?

Yes, you can sue HSBC.

 

I have been speaking to a customer services advisor at another address, she is the fisrt point of contact, shall I send this to her aswell then?

You can CC: it to her, if you want.

[needadvice1]

OK, would it not be wise to just let HSBC know that my claim is for more than the £800. Then see if they get the money back, if they do not, then do all this?

 

I don't really want to be taking on a massive bank unecessarily and I don't mind waiting a bit longer considering the fact that I've waited almost 6 months now.

[legalpickle]

OK, would it not be wise to just let HSBC know that my claim is for more than the £800. Then see if they get the money back, if they do not, then do all this?

 

I don't really want to be taking on a massive bank unecessarily and I don't mind waiting a bit longer considering the fact that I've waited almost 6 months now.

What are you? Tens of thousands of consumers take on big banks daily. You were talking before of taking on a Jaguar dealership for your father. If you're going to be scared of doing anything in life, you'll never get anywhere.

 

No, it wouldn't be wise! Because they'd see you're a scaredycat and probably treat you like one.

 

Mark it as FINAL LETTER BEFORE LEGAL ACTION and WITHOUT PREJUDICE, SAVE AS TO COSTS.

[needadvice1]

My address

17th July 2009

HSBC Bank PLC,

8 Canada Square,

London,

E14 5HQ

Dear Sirs,

FINAL LETTER BEFORE LEGAL ACTION

WITHOUT PREJUDICE, SAVE AS TO COSTS

I jointly & severally hold HSBC liable for the full debt as detailed in the LBA, copy attached, sent to LITR, under s75 of the Consumer Credit Act 1974 for all direct & consequential damages incurred as a result of that purchase and if the full monies are not refunded within 14 days I will issue court action against you.

For your reference, find attached my Final Letter Before Legal Action to LITR Ltd. sent on 6th July 2009.

Sincerely,

 

Account number: xxxx

Sort code: xxxx

 

 

this OK?

Edited July 17, 2009 by maroondevo52
Removed name

[legalpickle]

Remove your name by editing post. You shouldn't put such information in public forums. I'll fix the rest soon.

[maroondevo52]

Name removed.

[legalpickle]

My address

 

17th July 2009

HSBC Bank PLC,

8 Canada Square,

London,

E14 5HQ

 

Dear Sirs,

FINAL LETTER BEFORE LEGAL ACTION

 

WITHOUT PREJUDICE, SAVE AS TO COSTS

 

I jointly & severally hold HSBC liable for the full debt as detailed in the LBA, copy attached, sent to LITR, under s75 of the Consumer Credit Act 1974 for all direct & consequential damages incurred as a result of that purchase and if the full monies are not refunded within 14 days I will issue court action against you.

 

For your reference, find attached my Final Letter Before Legal Action to LITR Ltd. sent on 6th July 2009.

 

 

 

Sincerely,

 

 

 

 

 

 

 

Account number: xxxx

Sort code: xxxx

 

 

this OK?

Your address

 

HSBC Bank PLC,

1 Canada Square,

London,

E14 5HP

 

17th July 2009

 

Dear Sirs,

 

FINAL LETTER BEFORE LEGAL ACTION

 

WITHOUT PREJUDICE, SAVE AS TO COSTS

 

I write as with regards to my account with your financial institution, sortcode: xx-xx-xx, account number: xxxxxxxx.

 

I refer to the transaction of £800 paid on my xxxx credit card, ending in xxxx with the expiry date of xx/xx/xx, on xx/xx/xx and my telephone conversation with xxx on xx/xx/09.

 

As explained to xxxx the service was not provided satisfactorily. Due to this I have incurred additional losses. In accordance with s75 of the Consumer Credit Act 1974, I hold HSBC Bank PLC jointly & severally liable with LITR Ltd for all damages I have or may incur.

 

For your reference I attach a copy of the Final Letter Before Legal Action I sent to LITR Ltd dated 6th July 2009.

 

If the monies detailed in my attached letter are not refunded in full within 14 days, I will have no option but to issue court action against your financial institution seek interest (at 8% per annum pursuant to s69 of the County Courts Act 1984), court fees and costs (pursuant to CPR 27.14[2][g]) in the process.

 

Sincerely,

 

 

Mr. ....

 

CC: ....

 

 

 

Your draft letter didn't disclose enough information. They'd have probably written back to you saying what are you talking about!

 

Fill in your sortcode, account number, type of credit card, last 4 digits on credit card, expiry date of credit card, date of transaction, date of your conversation with the customer "services" person & name of the customer "services" person.

 

Please try a bit more in future to write competent letters. I am extremely busy at the moment and can't guarantee to always be able to come back so soon to help you.

[needadvice1]

Yes sorry about that, I shouldn't have poste my name in there, that was very careless of me. Thanks for removing my name.

 

I will try to be more competent in writing letters in the future. Thanks again for you help LegalPickle.

[needadvice1]

Re. HSBC's address quoted above, is it correct? The reason I ask is because you quoted another address in a previous post, and I have a different address on correspondence I have recevied from HSBC.

 

Is the letter supposed to be addressed to their head office? In order ot get the correct address, I could just call and ask,but what address should I ask for? i.e. head office address, trading address?

[legalpickle]

Re. HSBC's address quoted above, is it correct? The reason I ask is because you quoted another address in a previous post, and I have a different address on correspondence I have recevied from HSBC.

 

Is the letter supposed to be addressed to their head office? In order ot get the correct address, I could just call and ask,but what address should I ask for? i.e. head office address, trading address?

Sorry, I meant 8. I mistyped.

[needadvice1]

ok I'm sending this tomorrow.

 

Thanks very much for your help Legal Pickle. You've no idea how much I appreciate this.

[needadvice1]

Legal Pickle, HSBC have received the letter and have not contacted me as yet, although they have been trying to get my money back under the Consumer Credit Act 1974. The retailer replied to HSBCs claim by saying that the charge is legitimate because I attended a few classes.

 

HSBC sent a letter out today which I will get tomorrow relating to this, I don't know what it says.

[needadvice1]

OK update on what the bank say.

 

They are now saying that because on the registration form I signed, that because it says "Paid fees are not refundable" that I will not get my money back. They refuse to take this matter any further.

 

LegalPickle?

[legalpickle]

OK update on what the bank say.

 

They are now saying that because on the registration form I signed, that because it says "Paid fees are not refundable" that I will not get my money back. They refuse to take this matter any further.

 

LegalPickle?

Sue. That's an unfair term.

[needadvice1]

Which are covered by the Unfair Contract Terms Act 1977?

[legalpickle]

Which are covered by the Unfair Contract Terms Act 1977?

needadvice1: With all due respect, your first LBA has proven that you shouldn't be trying to phrase legal sentences. That term is plainly & obviously unfair. There would be no need to quote a legal basis for it being unlawful as it is so obvious.

 

If you want to sue, I suggest you phrase the statement of case - without trying to state any legal jargon, just what happened - as I have said before. When that's ready, I'll continue to help. Till then I've done my best.

[needadvice1]

ok, the reason I was asking was because I did say to the bank that them writing that the fees are non-refundable means nothing because the law overrides it. They were not willing to accept this.

 

So, I'll just get on with writing up what happened then, as you explained previously.

[legalpickle]

ok, the reason I was asking was because I did say to the bank that them writing that the fees are non-refundable means nothing because the law overrides it. They were not willing to accept this.

 

So, I'll just get on with writing up what happened then, as you explained previously.

 

I'd recommend that you sue two defendants - LITR LTD as the first Defendant and HSBC Bank PLC as the second Defendant.

 

In the statement of case, number each sentence, and don't put too much detail in each sentence. Refer to all in the 3rd party - i.e. you as Claimant, LITR LTD as 1st Defendant & HSBC Bank PLC as 2nd Defendant.

 

As far as HSBC goes, only write the dates of conversations & letters. I'll define the reasoning.

 

Don't try to be a legal eagle. Let me handle the legal words for you.

 

It doesn't cost any more to put two defendant's on the claim, besides for printing - i.e. you'd need to print 4 claim forms and 4 of everything, instead of 3 of everything. The only time it costs more, is when and if you need to enforce the debt, where the fees apply to each judgment debtor individually.

[needadvice1]

OK I'm going to get on with that now, thanks

[needadvice1]

oh, quick question, is it legal for me to sue both? what if i win against both? who pays me? isnt that double claiming?

 

I'm not trying to be a legal eagle, i just want to understand how it works.

Edited July 26, 2009 by needadvice1

[legalpickle]

oh, quick question, is it legal for me to sue both? what if i win against both? who pays me? isnt that double claiming?

 

I'm not trying to be a legal eagle, i just want to understand how it works.

You wouldn't be able to keep money from both, that would be double claiming. It's entirely legal to have 2 defendant's where they're jointly & severally liable.

 

If you succeed, whoever pays first, you keep and notify both of that payment.

 

It's just the same as a bank suing a husband & wife who were both listed on a credit agreement.

[legalpickle]

Still waiting for you to prepare that breakdown.