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 to all, I am relatively new to this site and have been reading with great interest all the various battles with banks etc and how to get these unfair charges back! Good luck to everybody and well done to all those who have been successful so far!
So my story with HSBC begins and I must say I am hopeful, boosted by all the encouragement from users here who have had the same misfortune as I to be charged unfairly.
Luckily I had all my statements so I filled out the spreadsheet and sent of my letter requesting all charges refunded, along with my wife. I posted out the prelimianary letter on the 5th August, I got a very standard letter back from them on the 10th saying 'we're looking into it'. Ok...
Then on the 12th of August I received a letter from Mr David L Johnson of HSBC saying I wasn't entitled to any kind of refund and an explantion that all cheque books, cards etc were all issued free and that charges were all valid and still stand. So... my next step is to send the lba but I have a question and I really hope someone can help here.
I received their letter within the 14 day deadline saying no refund is due, do I still have to hang fire until the 14 days are up to send the second letter to them? I have read the FAQs and it seems to be the case, I was just wondering, seeing as I had heard already, if I could progress to the next stage yet? Oh, and my wife, who sent her prelim out at the same time as me, hasn't heard a peep from HSBC, I wonder if it is because my claim (£2,219.20) is smaller then hers (£3827.44)...? A real mystery eh? Any help greatly appreciated and received with thanks.
I'll keep you posted as to the progress of our HSBC fight and once again good luck to all in the middle of theirs and well done to those who have been successful!
Wait the 14 days its better this way 1) its shows the court you have given the bank ample opportunity to comply and 2) its what you stated in the 1st letter and shows that you mean what you say.
Hope this helps
HTH (Hope This Helps) RDM2006
THE FORCE (OF CAG) IS WITH YOU
We've Helped You To Claim - Now Help Us Remain
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All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.
However, if you have found any advice you have been given helpful.
Thanks for your reply! That's kinda what I was thinking and I know it's really the best thing to do, I was trying not to jump the gun as these clowns have really irked me (the polite word I'll use for what they have done to me over the years) and now I want payback!
If you have problems finding things click on the link to the user guide below it has links to most things
HTH (Hope This Helps) RDM2006
THE FORCE (OF CAG) IS WITH YOU
We've Helped You To Claim - Now Help Us Remain
A live Site - Make a Donation
All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.
However, if you have found any advice you have been given helpful.
Hi there guys
Am in the same boat as you by the looks .... Sent the letter with my Breakdown (as i didn't have to request my statements and all that) and got a 'we are looking into your complaint' letter the other week and then a 'we dont agree and you are getting zip' letter last thursday (just within the 14 days of sending my 'give me my money you *****ing bankers' letter to them)
you refer to sending a second letter - what are you thinking on the wording of this ?? what are these on-line money claims i have seen referred to instead of trotting down to the county courts ?
just for background - have a current account which i have been charged for going into overdraft on (usually by not much and only for a couple of days) - eg the last one i went over by £28 on a saturday and was charged £25, and i cleared the lot when my pay went in on monday........ hmmmm.
thanks for any help - this site is really motivating and my friends are anxiously awaiting to see if i am triumphant so i can them persuade them to do the same !!
Marice
MOD ** Please Don't Post Potentially Libellous Comments - Thanks **
The second letter is the "letter before action" which you can find in the templates ection. You need to insert numbers and amend accordingly, but it's quite an easy process. Moneclaim is the online claims process that you need to complete when they don't reply to you LBA! again, there are links to it and a guide on how to use it in the templates section.
28/07/06 - Prelim letter sent to HSBC for £3648
31/07/06 - Letter rec'd at HSBC
14/08/06 - LBA sent to HSBC
16/08/06 - LBA rec'd at HSBC
22/08/06 - Finally!! first reply from HSBC offering £2000
23/08/06 - Letter to HSBC declining offer, saying I want ALL my money!!
31/08/06 - MCOL filed for £4551.96, to be deemed served on 06/09/06
05/09/06 - HSBC Acknowledge claim
22/09/06 - DG Solicitors offer full amount in settlement, I accept!!
27/09/06 - Full amount paid into my acount
28/09/06 - Full amount taken out of my account!!!!!
29/09/06 - Cheque arrives, FOR SOMEBODY ELSE!! with all their account details in a letter adressed to me!!!
29/09/06 - HSBC refuse to pay money back into my account
If I have been of any help, please click on the scales in the top right corner!
Right then, deadline number 1 is up tomorrow and I have my lba all ready to post out in the morning! It includes extra charges too, can't wait!
Just checked my HSBC current account too and it seems they have banked a cheque I sent them for the DPA request on my HSBC Gold Card account! Don't they ever stop?????
My *hit list so far includes:
HSBC Current Acc - Prelim sent 04/08/06 - LBA out 18/08/06
HSBC Gold Card Acc - DPA Request sent 10/08/06
Morgan Stanley - DPA Request sent 10/08/06 MBNA - Awaiting full statements any day now! Capital One - DPA request sent 10/08/06
Egg - DPA Request sent 10/08/06
Paragon - Statement of (closed) account received FOC! Prelim out 18/08/06
Cahoot - Awaiting statement of (closed) account - they said it was free too!
Ps: How do you get the signature thingy at the bottom to happen so I can lump this list in there?
Well well well... lba's sent off Friday the 18th August, just checked Royal Mail and they were delivered yesterday. And then comes a letter today from HSBC in reply to my our joint acc prelim letter dated the 4th August. Funny that, no reply at all (I got two in less then a week for my own acc) and then as soon as the LBA's arrive at HSBC Towers we get the letter about our joint acc today saying:
'The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforcable...' Hmm. Really?
Maybe the letters crossed over in the post but this latest letter represents 'our final response on this matter'. Well, it doesn't represnt our final response so roll on 1st September when the LBA's both expire! Yeeeehar!
Every day indeed... Well, Mr Postman has just delivered a letter from Mr Langdale offering a settlement figure which is £533 less then the full amount. Ok, I will accept but as partial settlement but chase the rest in court. Over to you HSBC!
Well, hello again. You did better than i did, they have credited my account with £100 "in view of the time I have devoted to my query", and told me to sod off. My claim was for £1542.00. The two weeks from when i sent the lba was on friday so this came in right on the button. Will now investigate the MCOL business....... good luck with yours, mj
What address do i use for the bank on my MCOL ? the online system doesn't seem to like the S1 2US postcode i have used ofr my letters ??
I'd use their Canada Square address, it is listed on the MCOL site. I have filed my MCOL using that address but not sent it yet as funds aint what they used to be so I am trying to go via the courts using hard copies of the N1. I am disputing a managed loan with them and they won't defer payments while it is being looked at. If they had I'd have sent my MCOL on Saturday! The scumbags have cleaned me out - again.
So Idropped my claim forms off today for two seperate accounts (my wife and my own) and the charges are stacking up nicely as is the interest! Good for us but why don't the banks realise that by prolonging the payout they are simply having to spring for more money in the long run? I know they are hoping we'll be quiet and go away but after making me an offer they just went all quiet themselves and I ain't heard a peep out of them since the 24th August.
So now we are at the court stage (pending the CC looking at my request for exemption from payment as I really can't afford it thanks to you know who grabbing money when I needed it most), lets see what happens next... Fingers crossed!
What a great feeling... I filed my MCOL today! I must say I had to play Guns N Roses' 'Get In The Ring' at substantial volume to celebrate! Woohoo, here we go, hopefully the last leg of a very interesting journey has begun...