Homershairdo versus HSBC - This time it's personal....! - **WON**

[homershairdo]

Hi all - long time reader (well, two weeks ) first time poster!

After reading this excellent site for the past couple of weeks, I yesterday decided to take the plunge and attempt to recover my charges for the past few years.

So last night I totted up has been taken by Lloyds TSB - which came to around £500 - but from reading the site they seem to be one of the more "fighty" banks (is that even a word?)

So I have started proceedings against HSBC - I last night emailed the Data Protection Act claim for details of charges etc for the past couple of years - hopefully something good will come from all this!

I have a question - I am / will be making a claim on my personal account - and I have heard that banks can be a little funny about keeping that facility open after such action - I also have a credit card which, although has a balance, has had no charges etc against it - would they likely close this also?

Many thanks for the excellent site - top notch!

Homer! (after the king of TV Homer J Simpson)!

Okay, you must send the Data Protection Act request recorded delivery with £10, otherwise they do not have to comply with the request!

Your credit card should be okay, but they may close your current account that your claiming on...open a parchute. It is unlikely your account will close as I dont think HSBC have done this as yet, Abbey have though!

Good Luck!

Lou x

[homershairdo]

Cheers Lou

First step - first stumble - I feel like a toddler!

[hunkydory]

Go Homer, Go! I am trying to convince my hubby to do the same - he incurred a charge for just exceeding his overdraft in April 2005 and each month it snowballed. He ended up with an overdraft of £2500+ with nearly all of that amount being due to charges. HSBC have now instructed debt collectors!

Its okay...you will learn, Like I did...its all daunting to begin with but now im like a dog with a bone!

Hunkydory, you must start! Dont let them ruin your hapiness, that amount of Debt cant be stressfree!

[hunkydory]

I know - but it's his decision! We sent a prelim letter and hubby balked at the answer as bank said no further correspondance on the matter. Like many people, I think he's to worried to take them on but I keep trying to persuade him!

[norvernrob]

Originally Posted by hunkydory

I know - but it's his decision! We sent a prelim letter and hubby balked at the answer as bank said no further correspondance on the matter. Like many people, I think he's to worried to take them on but I keep trying to persuade him!

Show him this site and the returned charges survey - now up to £300,000 with not one bank going to court. Surely that must tell him something!

[homershairdo]

All the statements came through when I was on honeymoon - for my account alone the total is touching £700, which was a shocker! Will send the first letter today, via both recorded delivery and email. I also have a joint account which also has these charges which I have also totted up - can / should I include the two accounts on the same action?

Had a look through the site in respect of account closure - is this something that HSBC seem to do upon a successful claim?

[un1boy]

Well, I personally am claiming for all accoutns seperately. I think however you can link them, together as long as the total claim amount is less than £5000. I think this is right. Have a look through the posts, there is loads of info on other people's threads about this.

Your Data Protection Act request can include ALL accounts you hold with a company, and as long as you asked for statements on all accounts in the letter, the one £10 payment should cover it all.

As for HSBC closing accounts, they don't seem to be doing that at the moment, but that doesn't mean they won't!! So, it's always best to open another account with a different bank (also called a parachute account). This way if HSBC to wanna be nasty and they close your account, you've got another one you can use!!

Hope this helps!

[homershairdo]

So, as per the usual trend, HSBC have not responded for the first letter asking nicely for the money back - so today I sent the Letter Before Action - hopefully this will stir a response!!

[homershairdo]

And as if by magic, just as I sent the LBA letter, I get home a find that a letter has been delievered from HSBC, offering £XXX, which is about 70% of my original claim. Obviously I am going to ask for the full amount, so should I follow the following steps:

a) send back the form etc saying thanks, can I have the rest?
b) ask them to ignore my LBA that was sent today

Or is there something else I should do - I am right in thinking that once they offer so much the rest is forthcoming??

Cheers!

Homer

[barracad]

Don't tell them to ignore the LBA - what you said still stands, they need to pay up or you'll take them to court.

Send the following:

Dear Mr Banker

Thank you for your offer of £xxx.xx as part settlement of my claim.

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

I shall continue to proceed with my action to recover the remainder of my claim.

[homershairdo]

Jolly Good - in this instance do you sign the agreement form, or simply add a cover letter stating further intentions without signing the form?

Ian

[maverik1979]

attatch a cover letter, dont sign the form

[homershairdo]

Cheers, and it should follow the gist of thanks, but no thanks!! They normally (!) pay up after a couple of days after receipt of this letter.

Cheers for the help maverik - looks like you have been busy tonight!!

[maverik1979]

as always matey

[homershairdo]

Sent a letter back today to the bank - but crossed out the full and final bit, added part settelement, and added the following:

Dear Mr Langdale,

Many thanks for your letter dated 5th July 2006, and the subsquent offer of £xxx in partial settlement.

In this instance I feel that I am unable to accept your offer of settlement - I would however be willing to accept this amount as part settlement towards the claimed amount of £xxx.

Unfortunately, if we can not come to an agreement in this amicable fashion, I would have to continue my action.

Many thanks for taking the time to contact me and I look forward to hearing from you soon,

Kind Regards


Mr Homershairdo

Does this cover all the bases etc??

Cheers!

Homer

[homershairdo]

Letter has been sent - hopefully(!) a little bit of money will be coming my way! Wish me Luck!!

Does anyone know of a decent bank account to open for those with a dodgy credit rating - I don't have defaults or any of that marlarky, but not the strongest score!

Cheers!

Homer