YV v HSBC

YV01 · 10th August 2006, 22:30

Hi everyone,

Let me apologise in advance for the length of this post.

Been reading through the Forums and been trying to take in as much as I can. Been with HSBC now for approximately 5 years now. I'm originally from and now live in Belfast, but studied at uni in Leeds. When I first went to Leeds, I opened a Student Account with HSBC because they seemed to have the best deals out of all the banks. Things were grand and after 3 years I graduated and my account changed to a Graduate Account. I never had any problems with my account until maybe October of last year.

I had a Direct Debit set up to pay off my Credit Card. If it came to the end of the month (when the Debit came out) and I did not have enough funds in my account, the money would have come out anyway as I usually got paid a few days after. I was very happy with this arrangement. About last October my Direct Debit was cancelled due to there not being enough in my account to cover it. The thing is HSBC never contacted me about this, so I kept on going thinking my Direct Debit was still coming out. Then in January of this year I received a letter threatening me with legal action due to the amount of interest being built up and not being paid off. I asked why my Direct Debit had been cancelled and I had not been informed. I was told it was not up to them to be chasing after me and looking after my account for me. I was also told I should have checked my statements. The thing is I hadn't been receiving them. Strangely enough about 3 months of statements arrived in the post a few days after. I have since set up a Mandate Order and have been paying off this ridiculous amount of interest (which I am still paying off after 7 months!!)

There have been other things since this. Too many for me to even start here. It just seemed that were was a different problem every week. As I live in Belfast it is impossible for me to visit my local branch, which is in Leeds. I am yet to be given a contact number for the Leeds branch. I'm sick asking for it, as apparently I need to visit this branch in order to pick up any new cards or to even change to the Belfast branch (which I find hard to even call a bank!!).

Another problem I had was a few months ago I went to the ATM to lift out money and the machine swallowed my card. I went to the Belfast branch to be told my Switch card had been cancelled and a letter had been sent to me a few weeks beforehand to explain why. I am STILL waiting on this letter. I was told it was cancelled because I had not made any effort to pay back any of my overdraft (which I still have a yearto do so). I explained that as I had a Graduate Account I was led to believe I had 3 years to repay my overdraft before interest rates kicked in. I got the very ignorant reply that it's not my money, but the bank's money so they will do whatever they want with it. I then asked could I lift out some money as I had been paid the day before. They told me I couldn't lift ANY money until my new Debit card arrived "in 3-5 working days". Of course I nearly blew a fuse and asked "Is this a bank?" "Yes". "Well, they are my wages and I'm not leaving until I get them in my hand." I got the money easily enough then.

Since this I have gone to another bank, the Ulster Bank, as my friend works for them and I've heard great reports about them. When they tried to open an account for me I was told I was unable to as HSBC had put a black mark against my name. I am yet to find out why this is. They seem to have blacklisted me for nothing. And I seem to be stuck with them in the meantime handing over ridiculous amounts of money for nothing.

I think this thread is long enough as it is, so I'll not go into the other stupid things that have gone on. Is there a case for me to do anything? I would be grateful for any advice of what to do next. Thanks!

BaldyBaldwin · 10th August 2006, 22:42

i am not a student, but it seems all a bit similar to the why HSBC handled my account. as you are disputeing the terms and conditions of your account it might be worth your while applying for a copy of the original signed agreement, they have to supply it, if they cant there might be a chance of righting off your debt, but its not a certanty.

dinahjl · 11th August 2006, 13:54

Banks cannot put a "black mark" against you without good reason - and this has to be a level where they have applied to you for repayment, and you have not met the agreed payments over a period of time.

I have a friend who also has an HSBC student account, he is studying in the UK and his parents send him money from Greece every month. Last week, out of the blue, he received notification from HSBC that they "no longer wish to do business" with him, and telling him he has 30 days to clear his Student Loan!!!

He wrote to them, having checked the terms and conditions of his account, and sure enough, they have had to reverse their decision - so there is hope here!

Double check your terms and conditions, then I would write to them with details of the conditions that show you have three years to pay the loan, and telling them they are now in breach of their own T&Cs!

Good luck with this - and make sure you INSIST that they remove the entry against your name.

YV01 · 11th August 2006, 16:10

Cheers for the replies. Think I will get on with sending the Data Protection Act 1998 Subject Access Request and go from there.

angela1606 · 11th August 2006, 16:21

hi dont forget you can get your statements online

YV01 · 9th November 2006, 16:09

Sent the Data Protection Act 1998 Subject Access Request with a cheque for £10 on 27th October 2006. On 8th November, I received the following reply, along with my returned cheque:

"Thank you for your request with regard to information about transactions and charges on your account.

We will forward to you copies of statements covering the period in question. These will begin to arrive in separate batches and will be with you shortly.

We are happy to cover any fees for the production of this information and we return your payment." :o

Also received the first batch of statements (15 in all) requested.

YV01 · 9th November 2006, 16:13

I also have a credit card with HSBC. Will I have to send a separate Data Request letter for this or should my initial letter cover this as well?

cadencealex · 9th November 2006, 17:00

You obviously didn't get notice of a default, has it defaulted or just late payments on the account?

If you have got a default, then write that letter to get it removed and get taken off the automated updating system.

YV01 · 9th November 2006, 17:46

I didn't get get a default notice, but I know I have been defaulted because I went to open an account with another bank and they were able to tell me I had been. I still haven't been given a reason why I'm defaulted. At this time, I'm unable to open a bank account with another bank and unable to get another credit card (I haven't used my current one in over a year).

cadencealex · 9th November 2006, 18:40

Quote:

Originally Posted by YV01

I didn't get get a default notice, but I know I have been defaulted because I went to open an account with another bank and they were able to tell me I had been. I still haven't been given a reason why I'm defaulted. At this time, I'm unable to open a bank account with another bank and unable to get another credit card (I haven't used my current one in over a year).

You have to have received a NOTICE of Default for it to apply - write to them and ask them for a copy of this, and get it temporarily removed from your credit file whilst they 'check' their paperwork.

I am sure this is the case. All the letters can be found in bank templates.

YV01 · 10th November 2006, 10:03

Cheers for the help. I'll have to double check.

YV01 · 10th November 2006, 10:14

P.S. Should I send the "S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties" now. Will they send me a copy of the default if I send this.

cadencealex · 10th November 2006, 10:22

Quote:

Originally Posted by YV01

P.S. Should I send the "S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties" now. Will they send me a copy of the default if I send this.

Hmm.. I don't think it will do any harm, or you can add to your letters the bit about removing the default. It depends, do what will be quickest.

YV01 · 20th November 2006, 13:22

I have gone through all my statements and have worked out I am owed roughly £450. I have a Graduate Account and have been in my overdraft for the past 3 - 4 years (typical student). When it was a Student Account, I had an interest free overdraft, but have been getting charged interest for the past couple of years since being changed to a Graduate Account. Although, the monthly interest charge isn't that much, it all adds up. Am I able to claim this back as well?

YV01 · 28th January 2007, 01:00

Just a quick update:

Received a letter on 22nd January from Colin Langdale saying the followong:

"I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations."

Sadly Colin, your 14 days are up so I will be posting my Letter Before Action on Monday.

maleo · 28th January 2007, 19:40

Really good luck with this YV - they are a bunch of Potatoes and I hope you can do them for breach of contract, as I think they've treated you rather unfairly.

YV01 · 6th February 2007, 14:26

14 days almost up and no reply.

Next step: Court Action.

Starting to get a bit nervous about this bit, but gonna go ahead with it.

Does it matter which one I use between the form on www.moneyclaim.gov.uk or the N1 Claim Form?

YV01 · 28th February 2007, 22:02

Finally submitted my claim on MCOL last night.

HOWEVER!!!! I received a letter today from Mr. Langdale at HSBC. Now get this, my last letter to them was posted on 30th January. His reply is dated 6th February, yet I only received it today. That's a bit suspicious for a start. The post date on the letter is the 21st February ha ha! I think they've shot themselves in the foot there.

Anyway they are offering me "£240.00 in full and final settlement". I am claiming for £326.28 (including the 8% interest). He has also added that, "We note you have added "interest" to a request for a refund. We do not accept this as appropriate." Has anyone else received a similar letter?

He also has the cheek to say I've only ten days to reply to arrange the refund. Which would have been 16th February according to his letter. Anyaway, what is your advice? I filed my claim last night so should I go ahead with it? And should I reply to HSBC saying I decline their offer as I am wanting FULL refund etc.?

Karnevil · 1st March 2007, 08:48

Sorry YV - 3 have tried and failed to remove the poll

may just vanish one day.

Write a nice letter saying you have entered your claim in the courts as you did not receive a response by the deadline ( KEEP THE ENVELOPE) you have already entered your claim.

Is the £240 the full charges amount you are reclaiming ?

Ignore the interest as this isnt applicable until court and should not have been included on your prelim/lba letters.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.