Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi
I have had the pleasure of helping a good friend with HSBC. One account was overdrawn and were getting the usual we will pass your account to MSC and the other was a loan which had been paid via a PPI up to the end of last year but then the PPI stopped and this left a shortfall.
After the usual 2 letters (prelim and lba with the LBA altered slightly) we got a letter asking my friend to call them. I did this on their behalf and had a wonderful conversation with a Kimberly Smith. After giving her all my friends info on income and expenditure she came back the following day and said all charges were being refunded to the overdraft account and that the shortfall of the loan would be wiped off!! This came to less than £1000 but its certainly helped my friend out at a difficult time.
All hardship cases are being dealt with in HSBC so if you have a true hardship case then make sure you continue with your claim.
All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.
If you like what i have said then make me a star!!
Firslty, congratulations to your friend! I am currently pursuing a claim with HSBC on hardship grounds as I have been charged over £500 in the last 12 months. I understand that the FSA has now defined this as being in 'hardship'. Is this correct? Can I ask, did you get any reply at all to your first letter?
Yes we had the usual fob off letters until i sent the following letter:
Dear Sir / Madam
I am writing to ask you to refund to me the charges which you had charged to my account. In my previous letter I have fully explained my situation. (Add in something about your status and you feel your a hardship case). Each month there has been charges added. These total £XXXXX. The account is overdrawn by £XXXXX. I am requesting that the overdraft is cleared using the unlawful charges that have been added and the remainder is repaid to me.
I believe that the regime of fees which you have been applying to my account in relation to unpaid DD, letters written and so forth are unlawful at Common Law, Statute and recent consumer regulations. I am also aware of the current court action brought by OFT and consumer groups and that the court has now decided that the charges can be contested using the Unfair Terms in Consumer Contracts Regulations, and that there will be further hearings to decide the actual outcome. I have been informed that all cases will be stayed until the outcome of the hearing however I will legally challange the stay as this is a case of hardship due the above reasons.
I sincerely hope you enter into a serious dialogue regading this matter and look forward to hearing from you within 14 days. After this I will have no further option than to begin court action.
Yours blah blah
All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.
If you like what i have said then make me a star!!
Hi I Have Been Out Of This For Quite A While Due To Ill Health I Am Now On The Mend And Ready To Go I Will Certainly Try This Thanks For The Good Advice
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
About time some of the banks started to take this seriously.
Well done Mrsfoot
Lex
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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Congratulations mrsfoot! That's a great result in this day and age......
And what an encouragement to others to keep plugging away till they get what they want..........
btw Latty, lovely to see your avatar back on site........ X
Nemo me impune lacessit
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tickle my star
Hi there- sorry to hijack but thought this would be a good place to add my experience.
I had what appears to be the standard fob-off letter from HSBC but with a paragraph asking me to call them to discuss my hardship etc.
I called them and spoke to a customer services person about my income/expenditure which clearly showed that I fit the hardship criteria. He said that there wasn't really anything he could do to help and the I should contact the consumer credit council for advice. I asked about a charges refund and he said that there was nothing he could do as 'it wasn't his department'.
Any advice on what I should do now would be much appreciated.
Hi mlp - it would be better if you started your own thread and that way the advice wouldn't get mixed up with others .
But to answer your question , i think you should report them to the Financial Ombudsman as they are clearly disregarding the 'Hardship' guidelines ....... try this link :
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If you think I've helped you please feel free to tickle my star
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Hi there- sorry to hijack but thought this would be a good place to add my experience.
I had what appears to be the standard fob-off letter from HSBC but with a paragraph asking me to call them to discuss my hardship etc.
I called them and spoke to a customer services person about my income/expenditure which clearly showed that I fit the hardship criteria. He said that there wasn't really anything he could do to help and the I should contact the consumer credit council for advice. I asked about a charges refund and he said that there was nothing he could do as 'it wasn't his department'.
Any advice on what I should do now would be much appreciated.
Agreed start your own thread..and also keep EVERYTHING in writing.
The fos will only act on your behalf if you can show that you have exhausted all lines of complaint/requests to the bank.The Bank knows this-so be more assertive and do it in writing >
Well done Mrs Foot-a seasoned Cagger nevertheless who is no stranger to getting results.
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