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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 12th January 2007, 21:09   #1 (permalink)
Jase1982
Classic Account Customer
Default Smile Closeing my Account

Hi guys,

I have recently been fighting Smile over their unlawful bank charges and they have paid back £1490.

However, they are now telling me that they are closing my account as of the 5th Feb.

Could someone please tell me my options?

Smile still owe me £105, which I have notified them of and I am currently £490 overdrawn, which they have said they want back.

Cheers in advance.
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Old 12th January 2007, 22:11   #2 (permalink)
dx100uk
Platinum Account Customer
 
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Default Re: Smile Closeing my Account

there is a thread on who has had a/c's closed after refunds.
if you feel this is retalitory action against your claim, then you can take them to the cleaners!

i think its in thr red bits on every homepage here/

good luck and keep us posted
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Old 8th February 2007, 17:46   #3 (permalink)
dx100uk
Platinum Account Customer
 
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Default Re: Smile Closeing my Account

you might find it useful to read the new red sticky
the A&L have just been fined £125 for shutting soeones A/C after claiming
get to it

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Old 9th February 2007, 13:48   #4 (permalink)
Paintball
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I am in: World of PPI.
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Default Re: Smile Closeing my Account

Dear Jase

I found the following in a previous thread (sorry, there are so many I can no longer locate it!) and it seems to have been helpful to a number of people. You'll probably want to alter the words to suit your own circumstance but remember that the Bank's action is classed is retaliatory (after you have won) and still UNLAWFUL!!!!

Dear Sir/Madam

Re: Closure of Account xxxxxxxxxx

I am writing in regard to your letter of day month 200x. I am shocked to learn of your decision to close my account as a result of my recent complaint. I have recently learnt that the OFT have heavily criticized institutions such as yourselves for taking this action as a result of claims such as mine.

[don’t think you need the next paragraph, its too long!]

I feel that the alleged mismanagement of my account is due wholly to the charges applied by you and not through any fault of my own. I believe I have the right to complain without the threat of you closing my account, especially if the result of the complaint does not come back in your favour. I am sure that the governing bodies will take a dim view of the fact that you are effectively intimidating me into silence by threatening account closure. As a consumer I should not be wary of making a complaint when I feel you have acted unlawfully.

I will be contacting the relevant bodies to investigate this matter further on my behalf and would request that no further action be taken by you until the investigation is concluded. If you are still intent on closing my account before this has been fully explored, then you will leave me with no alternative but to apply for a temporary injunction, to prevent my account from being closed. To this end I am requesting a complete disclosure of all notes applied to my account since 1st January 2006. Specifically, I require details and notes pertaining to the following:
The ‘commercial decision’ to withdraw banking facilities from me, including the reasons, figures and decision makers involved.
The bank’s refusal to refund ‘penalty charges pending’ to my account on request, and the subsequent decisions leading to those charges being refunded, notwithstanding the bank’s assertion that the charges are fair, transparent and lawful.
The bank’s refusal to refund ‘penalty charges’ applied to my account on request. After raising the matter in court, and notwithstanding the bank’s assertion that the charges are fair, transparent and lawful and would be defended in full, the subsequent decisions leading to those charges being refunded.
I look forward to hearing from you soon.


Yours faithfully [if you write to sir/madam]
Yours sincerely [if you’re writing to a named person]


Mr David Lewis
Head of Customer Relations
HSBC Bank PLC

Level 36
8 Canada Square
London
E14 5HQ


Thursday, 31 August 2006

Ref: **************
Account ***************

Dear Mr Lewis

I am writing to complain about the letter I received from a Miss N Kelly a service quality manager based in Leeds. The letter dated 30th August 2006 tells me that you are going to withdraw my banking services on the 29th September 2006. The only reason I can see that you are doing this is that I have successfully claimed back unfair banks charges applied by HSBC dating back 6 years.

I feel that this is an unfair retaliation on your part, which goes against the Banking Code Standards Board who says “We ask subscribers to consider the fairness of closing accounts in such circumstances”. The FSA who under there rules on dispute resolution and complaints say “We would not expect any regulated firm to discriminate against a customer who makes a complaint”. And also the Financial Ombudsman who say “they should not decide to close an account for an improper reason – for instance, because of unfair bias”.

I feel that your treatment towards me is in direct contravention of the above rules set by your governing bodies.

I have been a customer of HSBC for many years and am truly hurt and upset in the way HSBC have handled this matter.

From this letter I would hope that you will reconsider you decision to close my account so that I can continue to bank with HSBC.

If this is not possible then I will be left with no choice but to complain to the Banking Code Standards Board, The Financial Services Authority, and the Financial Ombudsman, however I am hopeful it will not have to come to that.




A prompt response would be very much appreciated.


Yours Sincerely




James Rouse


Cc: File

So i then wrote to the chairman with this one, and got a letter from alan pretty say account WON'T be closed
Quote:
Mr Stephen Green
Chairman
HSBC Bank PLC
8 Canada Square
London
E14 5HQ



Wednesday, 13 September 2006

Re **********************

Dear Mr Green.

I am writing to you to complain about the closure of my current account on the 29th of September.

I received a letter on the 30th of August from a Miss N Kelly saying that HSBC are going to withdraw my banking services on the 29th September for a “Commercial Reason”, I then wrote to Mr David Lewis head of customer relations on the 31st August.

I called HSBC today to see whether my letter to Mr Lewis was being dealt with and it seems that it is being dealt with in Leeds and they have a back log of complaints at the moment but was told on the phone the decision can not be over turned and my current account will close on the 29th September.

I feel my account should not be closed, I feel it is only being done so in retaliation of me claiming back bank charges.

I would like to draw you attention to the following information from the Banking Code Standards Board, The FSA and The Financial Ombudsman

The Banking Code Standards Board say “We ask subscribers to consider the fairness of closing accounts in such circumstances”. The FSA who under there rules on dispute resolution and complaints say “We would not expect any regulated firm to discriminate against a customer who makes a complaint”. And also the Financial Ombudsman who say “they should not decide to close an account for an improper reason – for instance, because of unfair bias”.

I have been a customer with HSBC for many years and also have business banking, saving accounts, ISA etc with HSBC, and I am deeply hurt and upset by HSBC’s actions.

I ask that you reconsider the decision to close my current, if this is not possible then I will be left with no choice but to complain to the Banking Code Standards Board, The Financial Services Authority, The Financial Ombudsman, and contact national newspapers to inform them of HSBC’s actions. However I am hopeful it will not have to come to that.

A prompt response would be very much appreciated.


Yours Sincerely




James Rouse
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