Sytra v HSBC (Business Acc) ***WON***

[sytra]

Hi, i thought i would post here and see if i can get any further help and advice on a claim i have with HSBC and their charges.

Got into a few difficulties back in July when business went belly up, ended up with charges being added on daily, asked HSBC in Aug for help but they said that there was nothing they could do but to go back in 3 months and ask again, meanwhile the charges are still piling up.

Anyway

Sent a prelim letter on 23 Oct for a refund on charges totalling £640 got a reply this morning (30th Oct) offering £145 as F & F

Obviously i dont want to accept this as it means that then i will still owe approx £800 and a big chunk of that is charges. Would it be unreasonable of me to write to them saying thanks blah blah but actually i wanted the full amount and see what they come back with if anything?

In the letter they sent it sounds as though they actually doubt their own charges as they say " I am however mindful of the management time and irrecoverable costs that may be incurred should this matter become protracted and for these commercial reasons alone and without any admission of liability whatsoever, i am prepared to make a F & F of £145"

they also say "if your request proceeds to court, we therefore believe that we would successfully resist any legal challenge brought against us"

It is prob just a standard letter but could just do with some more advice or opinions.

thanks for your help

Sytra

[Castlebest]

Hiya Sytra, yep thats just a standard letter. Just carry on and file a county court claim against them

pete

[jowalshy]

Originally Posted by sytra

Hi thanks for the reply

Do i just go straight for the court claim or should i show willing and give them a chance to "up" their offer?

i today recieved a letter from DCA Metropolitan who i think i read somewhere are the inhouse DCA for HSBC, in it they graciously offered to hold the account on abeyance for 2 weeks so i can prove that i have a dispute and forward it to themselves, if not they will pursue the debt in full with immediate effect as they are within their rights.

sytra

As the CAG clock has gone a bit haywire, ghost and gobblins took control I think (people seem to be posting in the future ) I thought that I would put your question aswell as my answer in the same post.

You can send HSBC a letter accepting their offer as part payment towards your total claim. IMHO though I did this and never heard from them again, so I would go for the court claim. You could state in your partial acceptance letter that if you do not receive a reply by xx.xx.xx you will pursue a claim through the courts. As for proving that the account is in dispute to the DCA, I think if you send to them copies of your letters that you sent to HSBC (prelim, LBA + their replies), I would have thought that that should be ok.

[sytra]

Hi just wondered if someone could cast their eye over this letter i intend to send to HSBC tomorrow.

in it i say that i will pay them £200 that is what we do actually owe on the account, the rest is charges, is this reasonable? i know they probably wont go for it but its worth a shot i thought.

LETTER BEFORE ACTION

Dear Ms Stokes,

ACCOUNT NUMBER:

I acknowledge receipt of your letter dated 29th October 2007 offering a full & final offer of £145.00, however I will not be accepting that offer.

I now understand that the regime of fees which you have been applying to my business account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to Statute.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated the account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £640 in charges from my account.

I require repayment of this money. If you do not return it to me in full within 14 days, I shall begin a claim against you for the full amount, any extra charges added since my claim, plus interest, plus my costs, without further notice.

However I am prepared to offer you a Full and Final offer myself of £200, in return, I would like the account closed and any remaining balance cleared (including charges / Interest), if you would like to accept this offer then I will drop any action against yourselves on receipt of a statement showing the balance as zero and a letter of confirmation that the account is closed.

You have 7 days from the date of this letter to let me know of your intentions if I don’t here from you by then, I will have no other alternative but to continue with my claim.

Please accept this letter as formal notice of a dispute with this account, and I ask you to stop processing any data in relation to this account with immediate effect.

Yours faithfully,

Sytra

[freakyleaky]

Hi Sytra, that looks like a great letter to me! As the oft case does not have a bearing on business claims and you have no other charges apart from those which make up the majority of your account balance, I think they would have to be crazy not to accept your offer!


.

[freakyleaky]

Hi Sytra, that looks like a great letter to me! As the oft case does not have a bearing on business claims and you have no other charges apart from those which make up the majority of your account balance, I think they would have to be crazy not to accept your offer!


..

[freakyleaky]

Hi Sytra, that looks like a great letter to me! As the oft case does not have a bearing on business claims and you have no other charges apart from those which make up the majority of your account balance, I think they would have to be crazy not to accept your offer!


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[jowalshy]

Looks good to me too sytra. Good luck.

[sytra]

Ok thanks for that freaky and jowalshy, will get it in post first thing.

Will keep you all posted

Sytra

[sytra]

Hi thanks for the reply

Do i just go straight for the court claim or should i show willing and give them a chance to "up" their offer?

i today recieved a letter from DCA Metropolitan who i think i read somewhere are the inhouse DCA for HSBC, in it they graciously offered to hold the account on abeyance for 2 weeks so i can prove that i have a dispute and forward it to themselves, if not they will pursue the debt in full with immediate effect as they are within their rights.

sytra

[freakyleaky]

Hi Sytra, that looks like a great letter to me! As the oft case does not have a bearing on business claims and you have no other charges apart from those which make up the majority of your account balance, I think they would have to be crazy not to accept your offer!


..

[jowalshy]

You have now said that three times now Freaky..lol Nope make that four times

[freakyleaky]

Hi Sytra, that looks like a great letter to me! As the oft case does not have a bearing on business claims and you have no other charges apart from those which make up the majority of your account balance, I think they would have to be crazy not to accept your offer!

[freakyleaky]

The site has gone crazy! It's driving me mad!