Reclaim HFC / HSBC / Restons / Collection Charge

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

Well I'm sorry. Clearly I am approaching it the wrong way. My aim is not publicity but to try & shock people into seeing what went on. I've been reading forums for years, yours, CAG & others and there have been random postings about Restons charges and how wrong they are, but I just don't think people realise that they are fraudulent. Each posting is dealt with individually - I think there should be a group action/ awareness so that everybody affected knows about it and can reclaim.
I was very cautious not to accuse Reston of fraud on your site, had written it & then deleted it because I don't want to cause you problems. That is why I'm directing people to my website. I can say what I like (it's all true). I'm also working on criminal charges being brought against the bank and have fingers in many pies, involving MPs, Legal Sevices Board and police.
I really don't want to get into disputes with people on here. The bottom line is people can't reclaim the charges unless they're aware they can. That's all I'm trying to do, make people aware, then I can help them.

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

I appreciate that and how passionate you are about the issue. If we can get the claim sewn up and possibly a formal opinion on reclaiming with a guide to how to do it we can take that to the press etc as opposed to a reactionary rant about fraud So once we get a HOW to do it sorted, and a successful case (you mentioned you had some previously?) we can use that to get publicity to reach people who have paid the charge in the past....they can then reclaim and that'll gain publicity more and get MSE interested possibly (and they are good at reaching the masses) and that will hurt HFC etc.

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

Yes but what you don't say in your defence because you don't know because you hadn't read my website is that the charges are also unlawful contingency fees (this is what I reported Weightmans for) they breach solicitors rules in claiming charges no legally due, they breach OFT guidelines on debt recovery etc etc. I worked at Leigh Day & co as a consultant preparing a group action against HSBC & they got counsels opinion (Kieron Beal QC) who said there were 6 possible causes of action for people to get the charges back.
I'm prepared to share all of this information and it's all available on my website.

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

It might be simpler if we had a chat! Is that possible?

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

Indeed, remember my defence was back in 2006 so a fair while back when I was very new to court processes and CCA and debt.

Now I think your opinion's saying that the Collection Charge was actually an unlawful contingency fee applied by the 'lawyers' to the claim, but misrepresented it as a charge allowable by the terms of the agreement and added by the lender, hence where fraud comes in ? (ie it wasn't added by the lender at all, and there are no terms allowing it, it is purely stuck on by the solicitors making the claim)

I am quite happy to discuss it on here and this is the only way you get other input into the discussion and potentially reach 'victims' that could use the information to assist in reclaiming these charges.

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

Here's the OFT undertaking; (exerpt and in full PDF)

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

I don't want to keep on about it, but I don't think you've read much of my website (there are about 70 pages). The Solicitors Regulation Authority has already adjudicated that it was an unlawful contingency fee (copy on website), so counsels opinion not needed for that. We went to counsel to advise on a group action. That is still the best way forward in my opinion rather than dealing with individual cases (where your members have to pay court fees). But you can only have a group action with a group and I have been trying all these years to generate publicity so an action can be brought. I was hoping Which? might be interested but as you know, they ignore me. I am not a CMC, I'm a lawyer fighting for Justice. If you can help generate publicity to do a group action, with solicitors, administered by me that would be great.
Otherwise I'll just quietly go away! But the fact is, if I get on Money Box for eg, many of your members will contact me. There are potentially 500,000 claimants.

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

That OFT Requirement has been on my website for 3 years! It was my activity that lead to it.

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

I have been trying all these years to generate publicity so an action can be brought.

I am trying to help you, you only get people interested in joining a group action once you show there is a case on a website that is not primarily viewed as aimed at attacking certain companies or trying to make a lawyer a name or a personal vendetta, or make money for others. We've been there before and it is tough. The way you are trying to do it generates suspicion and people are very wary, as you have seen on here already, and I explained why Which? may not have been interested. So discuss the issues and the law behind it, the basis the group claim might be bought (in so far as you can) etc and the message gets out organically. You've been trying for years without success getting interest in the campaign, so maybe it is time to try a different tac ?

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

That OFT Requirement has been on my website for 3 years! It was my activity that lead to it.

And that is the kind of comment that won't really enamour people to you. Stop being so ME ME ME and you might get somewhere. Seriously.

I posted it up again to try and get some discussion on the issues rather than about your website....

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

I understand all that but if someone posts about Restons charges do I have to attach documents, advice, statutes, sample claim forms, copy correspondence etc on here, that is all on my website in a logically set out way or give them the link to browse all the info they need?

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

Create a thread in the campaigns forum ( http://www.legalbeagles.info/forums/...?170-Campaigns ) leave out the personal rants about jet planes and fraud and keep it simple...have a look at some of MSE's guides and take note. Look at the way MSE and Which? campaign. You can upload documents onto here ( http://www.legalbeagles.info/forums/...r-details-safe!) ) or linke to images ( the icon with a tree on) ... I'll keep an eye.

Like I said, I am only trying to help as I recognise you have a good campaign that many people could benefit from and help bring the lenders and DCA's/Sols to account for their actions, and I apologise if I come across harsh, I'm simply frustrated.

[ketsudo]

Re: HFC / HSBC / Restons / Collection Charge

I have sent an email to ask you please to delete my account. I didn't come on here to get insulted.

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

Okay. Good luck with your campaign, I have tried my best to help you.

[Amethyst]

Re: HFC / HSBC / Restons / Collection Charge

Example of Restons letter adding in the charge...

This is the issue;



And the original card terms and conditions;


Spot the term that allows the £2k collection charge ....







This collection charge was very common, and does work out to approx 16% of the debt claimed. If it was defended in court then often the court disallowed it, and quite often Restons removed the charge from the claim should if be defended. However many people will have tried to avoid a CCJ by entering repayment arrangements with Restons directly and those people who have paid the collection charge should be able to reclaim it.