norvernrob v HSBC - SETTLED

[norvernrob]

Prelim letter asking for my £1004 charges back will be sent recorded delivery to my own branch tomorrow.

I wasn't sure whether to start the claim now or not as i am £1500 overdrawn, and can see the bank calling in the overdraft. However i'd rather have my £1000 back and find the rest of the overdraft money if need be, and be back in the black so to speak.

My closed bank of scotland visa account is next!

[jonni2bad]

Have you looked for a 'parachute' account, just incase?

[norvernrob]

Hi, yep just opened a NatWest step account, I didnt bother asking for a proper current account yet as i'm not transferring my wages etc unless I have to. Just a basic account with direct debit facility is all I need as backup for now.

[norvernrob]

Well my local branch will have received my preliminary letter today, so the clock starts ticking. May 2nd and the LBA will be on it's way, unless they fob me off before then of course, in which case the LBA will be straight off to them.

[norvernrob]

Well i got a reply today.

HSBC Bank plc
Coventry DSC
Harry Weston road
Binley
West Mids
Dear Mr ********

Thank you for your letter of 11 april 2006 regarding your data protection act disclosure request. Find enclosed our request for personal information under the datat protection act 1998, please complete and return the enclosed form, etc etc.

Blah blah blah.'

Ian Shepherd, centre manager.

Thing is, I didn't send a Data Protection Act request, I sent the prelim letter requesting payment to my local branch! Are they even reading them or are they getting quite a few now and just sending out standard DPA forms etc?

What now, do I reply with the letter before action, or do I write back making it clear that I am asking for my money back, not Data Protection Act details?

I'm inclined to get the LBA sent off to my local branch, as no-one seems to have bothered to read my original request maybe they will read that and reply properly. It's all formalities before court action anyway, I obviously have to give them a chance to pay up first though.

[jonni2bad]

Originally Posted by norvernrob

....I obviously have to give them a chance to pay up first though.

Indeed. Stick to the timetable unless they specifically refuse to refund you.

[norvernrob]

But they obviously haven't even bothered reading my original letter, it is even stapled to the Data Protection Act forms they have returned to me, yet it doesn't mention anything about a Data Protection Act request! So i'm not going to get anywhere waiting another 12 days, as they aren't going to reply again.

Should I still wait another 12 days then LBA?

[jonni2bad]

YES

You have to show the court that you gave reasonable time for consultation, and if they haven't implicitly stated they won't refund you, then wait until the deadline expires.

The fact they haven't even read your request properly could well be considered good news! You now have evidence to show it...

[norvernrob]

Ok cheers, there's no big rush anyway - they will more than likely just take the refunded money from my overdraft!

[norvernrob]

Just checked my online banking to discover a cheque I sent post-dated for the 28th of this month came out yesterday, taking me £97 over my overdraft limit!

Sent HSBC a nice email asking why the date on the cheque wasn't even looked at when it was paid in, and they obviously won't be applying any charges to my account due to them being entirely at fault.

I can't wait to get my charges back from them!

[norvernrob]

14 days is up, so letter before action will be sent to Mr Beaumont recorded delivery tomorrow.

[norvernrob]

Would have been moneyclaim day tomorrow - but I received an offer from Mr Petty of £875. Nice, but no deal i'm afraid

Will send the letter accepting this amount but that I will continue action to recover the rest unless they refund the full amount, etc etc.

[jonni2bad]

Well done, all is good so far

[norvernrob]

Settled + Pending charges refunded (including pending overdraft interest I didn't ask for)

Donation made, going shopping!

[jonni2bad]

CONGRATULATIONS !!!

Don't forget to fill out the survey too......

(have changed the title of the thread to show settled - OK?)