Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default advice appreciated

    hi everyone, a great site and emailed to me at a very appropriate time as i am currently facing a 125 fee, which is one months wroth of charges incurred for going over my overdrafticon and not rectifying it quick enough!!!

    i have copied below my email to the bank and then their reply. am i being fobbed off, can anyone suggest what i should do next. thanks

    ----------------------------------------------------------------------------

    Dear Mr x

    I am very disappointed that you were not
    able to waive the overdraft charges
    incurred.

    It is my understanding that the
    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.

    Please can I also 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 ask that you provide me details of all
    the charges I have paid over the life of
    my account. My husband also requests the
    same (Mr x xxxxxxx).
    Please supply me with a complete list of
    transactions and charges relating to my
    banking history with your organisation.
    Alternatively, a complete set of
    statements for that period will be
    acceptable.

    Additionally, where there has been any
    event in my account history over this
    period which has required manual
    intervention by any member of your
    staff, or any other person, I require
    disclosure of any indication or notes
    which have either caused or resulted in
    that manual intervention, or other
    evidence of that manual intervention in
    relation to my banking business with you.

    If you are unable to supply this data
    because there has been no such manual
    intervention, then please be so kind as
    to confirm this in your response.

    Please let me know if there will be a
    charge for this information and if there
    is, where the payment should be sent, or
    if you can take it directly from my
    account on my agreement.

    If there is specific information which
    you require in order to satisfy yourself
    as to my identity, please let me know by
    return. However, please note that the
    address you hold on file is the one
    which you normally use to communicate my
    private business to me and which is
    acceptable.

    Lastly, if you are able to withdraw the
    charges you intend to apply and draw a
    line under this matter then please
    disregard my request.

    Yours sincerely


    --------------------------------------------------------

    reply rec'd:

    Dear Mrs x
    Thank you for your e-message dated 31 August 2006.

    I am sorry to learn that you have felt the need to complain about our charges.

    Please be advised that the Bank's position is that all of it's charges to customers are fair and reasonable. They are contained in the published price list, and the circumstances when they apply are set out clearly in the terms and conditionsicon of the account. In many instance, our charges are less than those applied by our competitors.

    However, I have passed your request onto the relevant department who will deal with it as soon as possible. Please note that the reference number for this case is x.

    They will be in touch shortly.

    Yours sincerely


    Mr x
    Manager Customer Credit Services

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  2. #2
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    Default Re: advice appreciated

    Hi,

    To be honest the best course of action is to follow the route outlined in the step-by-step guide:
    • Request all notes and transaction history (Data Protection Act)
    • Preliminary request for refund
    • letter before actionicon (LBA)
    • Raise claim in courts
    The e-message service is tiresome, and using and receiving properly written letters will help advance your claim much better. Good luck

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull 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, you are advised to seek the opinion of a qualified professional.

  3. #3
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    Default Re: advice appreciated

    thanks phoenix

    does anyone have the best address to use for posting a letter to HSBCicon. my husband is also going to try the same. we have both been with hsbc for over 10 years, but am i correct that we can only ask for 6 yearsicon of info?

    thank you


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    Default Re: advice appreciated

    If you make a Full Disclosure Subject access requesticon they are legally obliged to provide EVERYTHING they hold on you, and there is no limitation period on this, even if they say otherwise.

    The reality is they will say information over six years old is destroyed, so you could also ask that they provide details and dates of this destruction (a processing of your personal dataicon...!)

    As for where to send it - some say the head office for customer services, whilst I prefer the local branch. Whichever you choose, send it recorded delivery.

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull 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, you are advised to seek the opinion of a qualified professional.

  5. #5
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    Default Re: advice appreciated

    we will pass our requests on to one of the advisers in the bank personally

    thank you for your help



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE