barracad v HSBC **WON** Woohoo!!

[barracad]

First things first... Fab site!!

Right then, I sent the Data Protection Act letter to HSBC on 14th March. I already knew the amount I was claiming (£2125) but thought I should get the details on manual intervention 'just in-case'.

It took HSBC until 11th April to even acknowledge my request. They agreed to send all my statements free of charge, and with regards to manual intervention they said Although many of our systems are automated, a "manual intervention" by HSBC staff may be required in a variety of situations including; account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time tim time during account administration.

I replied to this on 13th April making it clear that I needed to know details of manual intervention relating to my account, and reminding them they had until 23rd April (40 days) to provide this information.

To date, they have completely ignored this request, so I complained to the Information Commissioner on 2nd May hoping this would get them to provide the notes. I have still heard nothing from HSBC or the Information Commissioner.

So I need some advice, should I wait to see if HSBC provide any details regarding manual intervention or should I just proceed with the Prelim letter? I know at this stage I don't need it but I wanted to be prepared if it ever reached court (and I know it's a big 'if').

If it did reach court and they argued manual intervention, would the fact that I've waited this long go in my favour? All advice appreciated.

Do you know the amount yes?

If so do the prelim, and LBA after 14 days and then file in court.

Dont worry about the manul intervention as this is about as much as they will disclose on that!

If they have failed to provide statements then you can take them to court for this too!

I would chase the Information Commissioner as well!

Lou x

[Spiceskull]

Hi,

You are doing everything right so far. Proceed with your preliminary letter, and start your timetable for claiming. It is unlikely you will receive any more transaction details from HSBC.

The claim won't reach court (very unlikely to...) and therefore their defence of manual intervention is irrelevant. However, they would need to provide this to you if they were going to use it in defence. They haven't, and therefore they won't.

Once you have sent the prelim, ignore everything they say to you that isn't an offer for settlement. They like playing the scare tactics game - all you need to focus on is them repaying you what is rightfully yours.

Good luck.

[barracad]

Prelim sent today.

Thanks.

[Spiceskull]

Keep us posted on progress...

[barracad]

Received response to Prelim today from HSBC offering me £1863 out of the £2175 claimed. Not far from the full amount, so very tempting, but am going to send LBA asking for full amount instead.

[barracad]

Any comments/suggestions on this amended LBA before I send it?

Dear Mr Pretty,

Thank you for your letter dated 25th May offering a partial refund of my total claim. I am willing to accept the part payment offered by you for £1863, however please be aware that I will still pursue the remaining amount.

As stated in my previous correspondence, 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.

As I have mentioned in my previous correspondence, 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 £2,175 (less any partial settlement as detailed above).

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.

Finally, I also note your suggestion that I complain to the Financial Ombudsman Service if dissatisfied with this decision. However, please be advised that it would be inappropriate to complain to the Financial Ombudsman Service where the only forum which can determine a dispute on the legality of charges is my local court.

Yours sincerely,

[monkey_uk]

LBA is fine (as I told you already!).

Make sure you push for the FULL amount.

I was glad that First direct didn't settle before I lodged the court claim, as if they had, it'd have been minus the 8% interest (about £300 in my case!).

[barracad]

Further letter from HSBC received today - this time from Phil Beaumont.

This time no mention of an offer or anything - I'm assuming this means they've withdrawn their previous offer of £1863.

It's just a basic "naff off and go to the ombudsman" letter.

Looks like it's time to go to court!!

[monkey_uk]

Yay!

[barracad]

Claim filed

6QZ39491

£2549.37 + £120 Court fee

[monkey_uk]

Yay! You should have the money in the next 3 weeks or so then.

[barracad]

Letter received today from DG Solicitors:

WITHOUT PREJUDICE

Dear Sir

Re: Yourself -v- HSBC Bank Plc

We are instructed by HSBC Bank plc in respect of the claim you have recently issued.

HSBC is entirely confident that its charges are reasonable, and properly and fully disclosed in its terms and conditions, and that it would successfully resist any challenge in the Courts and in relation to them.

HSBC is, however, mindful of the management time and irrecoverable legal costs associated with litigation in the small claims regime. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £2669.37 representing the charges applied in full and final settlement of this matter. HSBC does, reasonably, require your confirmation that you will treat this payment as confidential.

If you accept this proposal please sign and return the enclosed copy of this letter to me and I will arrange for a refund to be made to you.

Yours faithfully

DG Solicitors

Now all I need to do is tell them I'm not keeping it confidential, then I'll get my money!!!

[un1boy]

Do you get ur money even if you u resist the confidentiality clause? I would have thought that was part of the settlement conditions?

This is what I;m confused about!!