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Go Back   The Consumer Forums > The Consumer Forums
The Bank Action Group - against unlawful bank charges
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HSBC Bank Meet other HSBC Bank customers who have also been faced with excessive unfair bank charges. Exchange encouragement and information about getting your bank charges refunded


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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.

Why don't you come and introduce yourself in the Welcome section at the top of the forum. Then have a look around the rest of it.
Do not post or start claiming until you have read the entire FAQ section and step by step guides and you have a good basic idea of what to do and of the layout of the forum.
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Old 10th January 2007, 21:04   #1 (permalink)
abjohnson
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abjohnson Novitiate
Default General Query

Hello,

I've already claimed once against HSBC for my current account, because of my financial situation at the time i unfortunately had to accept their offer (which was £300 less than they owed), and sent a reply to the "Full and Final Settlement" letter.

What i want to know is could i claim again??? They have taken more than £200 in charges off me since i got the settlement back (which was about 5 months ago now), can i claim a second time or have i lost that right because of accepting their offer last time?

Any help greatly appreciated, thanks.
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Old 10th January 2007, 21:11   #2 (permalink)
alexifa
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Default Re: General Query

You can claim as many times as you want while they are charging you. However, you should remember that if you claim again there is a chance that they will close your account
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Old 10th January 2007, 21:34   #3 (permalink)
hagenuk
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Default Re: General Query

alexifa is absolutely correct, you may of course claim as many times as you wish, but sooner or later they will be very likely to close your account.

However, if you are willing to run that risk and claim again then you may as well claim for the £300 that you did not get last time.

Regardless of any letter you signed and returned to them for any agreement to be binding in English law each party to the agreement must provide what is termed 'consideration'. This simply means something of value in the eyes of the law. With these offers in full and final settlement your consideration consists of a promise not to sue for the remainder. The bank however, does not provide any consideration because they are only giving back what in law belongs to you. The law does not enforce onesided promises. In order to establish that they have provided consideration they would have to prove that the charges were lawful.

So any agreement regarding the amount accepted by you is meaningless and you may pursue the remainder of the charges, unless - and this is highly unlikely - the agreement was made by deed.
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Old 11th January 2007, 09:31   #4 (permalink)
abjohnson
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Default Re: General Query

Thanks for your replies alexifa and hagenuk, i will have to sit down and mull it over, but as i couldn't follow up last time and am now in a better financial position i'm enclined to take them for everything they owe.

Thanks again.
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Old 11th January 2007, 09:32   #5 (permalink)
abjohnson
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Default Re: General Query

I'm not enclined i'm inclined!! Will let you know if i start the procedure off again.
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