The steps to take to recover all bank charges applied to your account by
HSBC:
Using templates in the
Consumer Action Group library will aid you enormously in getting
penalty charges refunded - you need to be a registered
Consumer Action Group user to access the library and resources.
Step One: The first step in getting
unfair bank charges refunded is submitting a Data Protection Act request to
HSBC. This involves
HSBC providing a full transaction history on your account, and specificaly highlighting all instances of when
unfair penalty charges have been applied, as well as any evidence of manual intervention in the account in respect of
penalty charges.
Step Two: Once your transaction history has arrived (usually in the form of statements) you can calculate the total value of
unfair bank charges applied to the account.
Step Three: Send a preliminary request for a refund from
HSBC, outlining your belief that
unfair penalty charges are unlawful, and that you expect a full refund. This will usually be met with a standard letter of refusal by
HSBC, who will maintain that the
penalty charges are lawful, fair and transparent.
Step Four: A second letter to
HSBC, a letter before action, giving the bank the opportunity to reconsider their position regarding
unfair bank charges, and putting them on notice that you will raise a claim in court if the
unfair penalty charges are not refunded within fourteen days.
Step Five: Again,
HSBC will likely refuse, and therefore you will need to raise a claim. Along with the claim form, requesting a full refund of the
penalty charges, you will need to provide a schedule detailing where the
unfair penalty charges have been applied. Your claim should also include a request for interest, pursuant to s.69 of the County Courts Act, in respect of
unfair bank charges.
Step Six:
HSBC will have 14 days to acknowledge the claim, which they usually do. They will then send a letter, indicating that
HSBC believes the
penalty charges are fair, transparent, and fully defensible in court. Therefore
HSBC would not be refunding any
unfair bank charges to your account.
However,
HSBC will indicate that they are mindful of the management time and costs associated with litigation in respect of
unfair penalty charges, and therefore they will be likely to make a payment for the full amount, representing the
penalty charges applied, and requesting that the settlement remain confidential.
Step Seven: A final letter, informing them that the offer made is not satisfactory, and that you fully expect the refund of
unfair bank charges to be unconditional, and that you will therefore seek to recover the
unfair penalty charges in court. At this point
HSBC will be very likely to settle for the full amount of
penalty charges applied to your account.
Recouping Bank Charges from HSBC: 
