Me V hsbc (£1700) - SETTLED IN FULL

[sopsps]

Hello All,

I have finally got it together to send off preliminary letter to Phil Beaumont at HSBC today to ask for the £1750 they have charged over last 6 years. I'm using the standard Preliminary Letter from the Library.

Many thanks to you administrators & moderators for the massive amount of work and time you have put into this site... look out for your Amazon vouchers when I get my refund ;o)

[jonni2bad]

Good luck with your claim- we will keep watching for updates.

By the way, the book token scheme has ended, but hopefully by the time you receive your money, we should have a DONATE button on the site...

[sopsps]

Hiya,
I need a bit of advice if anyone can help?
The 14 days since my preliminary letter is up tomorrow - and I haven't even had a standard response back. I'm a bit worried because I didn't send the letter recorded delivery so have no way of knowing whether they got it. And I don't want to phone them 'cos banks give me the fear!!

When I send the LBA (which I will send recorded delivery!) should I include a copy of the first letter I sent? Also, should I include a copy of the spreadsheet showing how the 8% interest is worked out?

cheers

[lizzie999]

Hi Sopsps

As I understand it (and I am still very much a novice in all this so someone tell me if I'm wrong) you don't add the 8% on until you file your claim with CC via Moneyclaim.

As for not having a response to your preliminary letter, I would have thought that without proof that they received it you probably can't progress to LBA. To potentially save yourself the time and hassle of re-sending your prelim it might be worth biting the bullet and phoning them.....just a thought, obviously its up to you.

Good luck

[sopsps]

Hi Lizzie!
I thought that the preliminary letter was just being polite and wasn't essential? Because the LBA acts as formal notice that I intend to claim the money back through court... but it looks like I might have the wrong end of the stick.
Maybe I sohould just bite the bullet and call them to see.!! Yikes!!

[norvernrob]

No, no, no.

Does the bank send all letters to you recorded delivery? Do they listen or care if you say you haven't received a letter?

Forget the prelim, you posted it, as far as you are concerned they received it. Send the LBA recorded now, don't send them any spreadsheet. Just use the standard template from the library adjusted to suit.

In 14 days start moneyclaim!

I sent my LBA off 12 days ago btw and haven't heard a thing yet, never mind, i'm sure they will reply when they receive my claim through the court!

[sopsps]

thanks norvernrob!
you have a fair point which I was just mulling myself... they never use recorded delivery whe contacting us!
I will reference my preliminary letter dd 3rs May in the LBA to jog their memories.
Did you send your letter to Phil Beaumont?

[norvernrob]

Hi, yes I sent it to Phil Beaumont. I sent my prelim letter to my branch, to which I got a Data Protection Act request form in reply! All the prelim and LBA are for is to prove to the court you have been more than reasonable in giving them time to pay. Expect it to go all the way to moneyclaim, any settlement before it does is a bonus!

[lizzie999]

I stand corrected!

Thanks Novernrob for clarifying the exect position with the prelim and the LBA. I guess I'm still in the habit of allowing the bank to be in the driving seat - time for them to move over!

[norvernrob]

That's the only way, they will p*ss you about from here to eternity otherwise!

Good Luck (not that you'll need it!)

[sopsps]

LBA being sent today (recorded delivery!) Wish me luck

Dear Mr Beaumont,

ACCOUNT NUMBER: XXXXXXXX

Further to my letter to you dated 3rd May 2006 (copy enclosed), I am writing to ask that you refund to me the charges which you have levied from my account over the last 6 years.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken XXXX

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

[neilloffhagen]

You'll probably get a standard reply, so then after the 14 days just issue your claim. You've not mentioned how much the claim is for, but if it's for less than a £1000 you may get a letter offering you a partial refund. If you do just write back saying thank you, but no thanks and then when the 14 days from your LBA start the claim. This is want I did. Waiting for the claim process to go through now.

Neil.

[sopsps]

OMG!!
I've just got back from work & found a letter from Alan Pretty waiting for me.... with an offer of £1450 for settlemt in full...
I want to hold out for the full amount though - but I'm not sure whether I should write to AP to request payment in full, or to just put the claim in through online claim thiingy. And if it's the latter, should I be waiting until next Weds when the 14 day from LBA expires?
Any help or advice would be great

[maverik1979]

i think the general concensus is that you say thanks very much but i want the rest aswell , or you can take this as the bank saying as far as they are concerned this is the end, hence you cannot do any more so you can initiate your claim straight away

mods confirm please?

[sopsps]

Morning All!
Well, I contacted HSBC to decline their offer last week & their 14 days from LBA was up yesterday.
So, mcol filed this morning!
Does anyone know if I'm meant to record my claim no. somewhere? do I PM someone?? (sorry, can't remember who & it's not in the step-by-step!!)

[sarahab7]

Morning!

Just having a read of your claim.
I'm posting my prelim letter today so I'm hoping to have my refund by the end of the month! Or is that wishful thinking!? They owe me just over £1000!

If you go to 'the bank action group' heading, the 2nd subject down is 'litigation in process'. From what I can see you need to PM the mods to have yours included in the list, and record your case number and other bits and bobs.

Hope this helps and good luck, I'll keep watching for your outcome!

Sarahab7

[overcharged_consumer]

Aye, e-mail bankfodder with the claim number, issue date, basic claim amount, interest amount and costs amount. Added together this obviously forms the total claim amount.

Good luck

OC.

[Janet-M]

You can PM any of the moderators with your claim details to be added to the litigation in progress.

Also you must accept any offers they give you as long as they are not in full and final settlement or have conditions attatched ie: confidentiality .If they do then you accept the offer but reject the conditions .It must be made very clear that you are rejecting the conditions

[sopsps]

Thanks guys, have PM-ed bankfodder with details.... am a bit scared now though espec after reading that HSBC want to close fariba3's account following her successful claim against them! :o