Forcels's girlfriend vs HSBC - SETTLED IN FULL

[forcels]

Helping my girlfriend with her claim because 'I'm better at all this stuff than she is'. Her words not mine!

Anyway... story so far is:

• 10/5/06 - Data Protection Act request delivered in person to local branch
• 17/5/06 - Request acknowledged and Subject Access Request fee waived
• 25/5/06 - Statements since account opening delivered in full
• 26/5/06 - Charges and relevant debit interest calculated: £912 of charges and just shy of £30 interest.
• 27/5/06 - Letter demanding repayment of £942 delivered in person to local branch

Awaiting response now.

Much thanx to all on CAG forum - couldn't be done without ur help!

Forcels

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[jonni2bad]

Good luck - we'll watch with interest.

Welcome aboard too

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[forcels]

OK, will be 14 days tommorow since she handed in letter requesting repayment of charges. So far, no action taken whatsoever by HSBC.

Assuming they don't respond today or tomorrow, we were going to write another letter to HSBC with a completed claim form N1 attached giving them another 14 days.

Just wondered if anyone had any ideas that might be more effective?

[maverik1979]

Originally Posted by forcels

OK, will be 14 days tommorow since she handed in letter requesting repayment of charges. So far, no action taken whatsoever by HSBC.

Assuming they don't respond today or tomorrow, we were going to write another letter to HSBC with a completed claim form N1 attached giving them another 14 days.

Just wondered if anyone had any ideas that might be more effective?

did you go straight to the lba letter wthout the preliminary first, and why do you send the n1 to hsbc?

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[fivelaws]

I asked about the etiquette of sending a draft N1 with the LBA and got the impression that this is now forwned on.

Best not to bother, apparently.

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

[Don Quioxte]

My suggestion would be not to get too cocksure. Sending a copy of a completed N1 form only serves to give the bank additional notification of the particulars of claim (and thus prepare to acknowledge and defend the case) - and secondly, in my opinion, there is no justification for appearing more legally adept and knowledgable than is absolutely necessary... the banks have seven figure salaried, in-house legal teams, and are far more adept at handling legal matters than the typical customer/layman - and do not need to be aggravated unduly! better to just follow due process and a slightly less agressive tact - it will be just as effective I assure you.

[maverik1979]

yeah thats kinda what i figured

[forcels]

OK, thanks all.

[forcels]

Looks like this matter's closed

HSBC got back with an offer today for £820. Explained to girlfriend that the only reason they're offering her £820 is because they know they'd have to pay the full £940 if she pressed a bit harder.

However she's decided to take the £820 to bring matters to a swift conclusion as she's soon off to Eastern Europe travelling for several weeks.

Thanks for all your help - donation on its way soon.

ForceLS & Girlfriend

[fivelaws]

Yay!


Don't forget to fill out the survey.

[jonni2bad]

CONGRATULATIONS
This is great news, well done.
Would you please fill out our survey - Bank Charges Refund Survey

(and don't forget we can only survive if we get donations!! cough cough)