Advice needed please

peterq2 · 11th April 2006, 00:32

Hi there, I found these forums just today and have decided to attempt to get my money back from my bank (overdraft charges mostly) going back nearly four years. As you can imagine I am pretty nervous about starting this journey!!!
Can you kind people please scan your beady eyes over the letter I have written (see below) and advise me on whether I should make any changes/amendments? {The body of the letter was taken from one of the templates offered} Thankyou for any help you may be able to offer.

HSBC [ ADDRESS EDITED]

My Details [EDITED]

10th April 2006

Account number: [EDITED]

Without Prejudice:

Dear Sirs,

Due to recent media coverage on bank charges I am now aware that you, HSBC have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund my entire bank at a total of £1327.50 and any other bank charges dating back 6 years. I hear by give you 14 days to refund the charges back on to my account. If this is not done within 14 days, I will be forced to take legal action.

Please note, if I do not receive your response (to my satisfaction) within 14 days of the date of this letter, I shall be entering a claim against you with the county court, should this be the case I shall also be adding 8%apr of the total amount as above, and all costs incurred to date.

Yours Sincerely

[EDITED]

HD · 11th April 2006, 00:42

You might want to take the without predjudice off the top. That means that you cannot show it to a judge-which you might want to do to show that you have made an attempt to solve the matter through negotiation.

Quote:

Originally Posted by FAQ

Q. Do I have to put "without prejudice" on the top of my letter?
A. No you don't. "Without Prejudice" merely means that the contents of that letter cannot be disclosed to a judge in the course of the hearing of the case. If you really think that you are saying something which you don't want the judge to hear then by all means put "without prejudice". However, most often you will be pleased that the judge knows the whole story. It wil tend to be the bank that wishes to keep information hidden.

HD · 11th April 2006, 00:50

You might want to change the wording-

Quote:

Therefore I require you to refund my entire bank at a total of £1327.50 and any other bank charges

Have you got details of manual interventions? If not it might be as well to apply for a Data Protection Act.

Have a look at the step by step guide. Make sure you cover each step in turn.

It's a good letter, very good, but we need to make sure we jump all of the hurdles or we could fall flat on our faces

Maxie · 11th April 2006, 00:52

Moved your thread to the more HSBC Action Group. please always try to post in the most appropriate forum

peterq2 · 11th April 2006, 01:00

Thanks guys, I will edit the letter again re your advice.

HD sorry not sure what you mean by "manual interventions", I am pretty dense when it comes to all things financial. :/

I came to the figures quoted in my letter by printing off all my statements and adding up all the charges levied. Is this the correct way to go about calculating my claim or should I be making allowances for "reasonable charges" whatever reasonable is! lol
Thanks again.

peterq2 · 11th April 2006, 14:41

Hi guys, I have taken the 'without prejudice' from the letter, but have also changed the third paragraph to the following (see below) Does this seem ok, or should I have left it as it was in the original? :

Your charges appear to be nothing more than an unlawful profit-making scheme. Therefore I require you to refund my bank account at a total of £1327.50 (should you dispute this assertion, I require you to set out in writing a clear and concise list of all the bank charges applied to my account together with any manual interventions applied, with dates and times and work carried out, during said manual intervention of my account).
I hear by give you 14 days to refund the charges back on to my account. If this is not done within 14 days, I will be forced to take legal action.

peterq2 · 19th April 2006, 00:36

I have finally taken the plunge and sent my letter today! (and now the nerves have really set in)! GULP!!! I wish the HSBC were as 'accommodating' as some of the other banks I have read about on this site

Wish me luck people xx

19th April 2006, 13:10

Good luck!

Lou x

peterq2 · 21st April 2006, 18:07

Thanks Lou,

I now am wondering if it goes to court how to fill in the N1 form (I have seen it in the library but am still unsure how to proceed).

On the N1 form from the court there is a space near the top saying "brief details of claim" and then on the next page there is a space which says "particulars of claim" what do I write in the first space " brief details" ?

(I know what to write in the particulars of claim as I have seen it in the bank templates library).

also where it says "claimant" do I put in my name AND address? or just my name?
also where it says "defendant" do I just put in HSBC, or the branch address too?

Just starting to really consider that this may actually get to court (knowing my luck) and want to get it all straight in my head as to how to proceed if it comes to it.

Thanks in advance xx

21st April 2006, 20:04

Haha dont ask me....

Sorry Im still not 100% clued up on the court process either, so rather than answering and confusing you we will wait patiently for a Mod or other Knowledgeable bod to come by and pop their head in to answer!

Lou x

peterq2 · 22nd April 2006, 13:49

LOL, Bumping for an answer from a mod....

peterq2 · 24th April 2006, 15:15

Ok so now I have had a response to my first letter (I didn't actually request DP stuff) but the letter says thankyou for your letter of 18th April please fill in the Data Protection Act request forms so that we may process your request, there will be a £10 charge for this service.

Now, I am not bothered about the charge or even that they have disregarded the actual content of my letter,

(I think that having the records including any manual interventions will be a good thing incase it actually gets to court), but now I am confused - do I stick with my origional 14 day deadline, or wait the requisite 40 days that they are allowed for the Data Protection Act ? before sending my letter before action?

Please advise, Thanks

Peter

24th April 2006, 15:19

So you know what charges there have been?? If you do then carry on with your timescale.

However it may be a good idea to rquest about Manual Intervention as they could use that as a defense in Court!

Good Luck

Lou

peterq2 · 24th April 2006, 16:18

Hi, I calculated all the charges from my online statements but on the Data Protection Act request form (received today with their reply) where it asks why do you want this info? I have specifically stated that I require full details of all manual interventions on my account with times, dates and actual work carried out.

I think that if they can't provide proof of any manual interventions then my case will be stronger when/if it gets to court.

But now I am unsure as to how to proceed, do I give them 40 days or stick to the origional 14 days which will end on 2nd May, before issuing my LBA.

24th April 2006, 16:20

Hmm not too sure!

MODS??? Oh Calling all Mods! Lol!

They will know for sure!

peterq2 · 24th April 2006, 19:22

LOL,

...waiting patiently for a mod...

norvernrob · 24th April 2006, 19:35

Hi

I am in the same situation, I sent the prelim letter and got a Data Protection Act form back. It was even stapled to my letter which contained nothing about a Data Protection Act request.

I am sticking with my 14 day deadline then the letter before action, it's not my fault they haven't read my letter properly.

Why give them 40 days as per the Data Protection Act request, when you haven't made one?

peterq2 · 24th April 2006, 19:41

Exactly the same as mine, stapled to my origional letter!!!

I agree with you on this one m8, I think I may just go ahead with my own timetable and send the LBA on 2nd May.
I think I just panicked because it was a tactic I hadn't read about before but now I have read your post it seems like this is just going to be another of their standard responses!
So roll on 2nd May when I will send a revised LBA.

Cheers m8

norvernrob · 24th April 2006, 20:16

We're on exactly the same timetable, my lba is due to be sent on the 2nd may also!

Good luck!

peterq2 · 24th April 2006, 22:46

LOL, see you outside the court then! haha
Good luck to you too m8

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