Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Claiming under Financial Hardship from HSBC


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3142 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am willing to help a friend out in claiming back all charges under Financial Hardship from HSBC.

She has over £1200 in charges from 2007.

 

I have read lots of info from the forum but needed to clarify some things before sending the letter to the bank.

 

My friend just came off IVA in 2013 and she has a mortgage she is currently paying from her HSBC current account

and makes a high monthly payment leaving her to use up her overdraft every month.

 

Can I claim from 2009 (6yrs back) ?

Can I use the same spreadsheet used in calculating Credit card charges ?

Can she add interest at 29.9% to the charges?

Can she do her Income and Expenditure on a sheet of paper with a pen or is there a particular form ?

I would appreciate your prompt reply. Thank you

Link to post
Share on other sites

  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I would really appreciate someone help out with this. Also my friend had just realised she has been charge £88 as overdraft usage fees this month and £25 last month. Can she claim these as part of the unlawful charges. Thank you

Link to post
Share on other sites

Im flagging this thread for you

 

Regards

 

SS

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

I think I'd be inclined to use BCOBS first here

rathe than a lengthy spreadsheet etc etc

 

 

point out or work out the charges yes.

 

 

see the RBS letter under BCOBS

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

int at their rate

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

OD rate I would think

must be on the website

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Isn't it mentioned on the bank statements.

 

If there's a monthly rate, it can be converted to an APR.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • 4 weeks later...
I am willing to help a friend out in claiming back all charges under Financial Hardship from HSBC.

She has over £1200 in charges from 2007.

 

I have read lots of info from the forum but needed to clarify some things before sending the letter to the bank.

 

My friend just came off IVA in 2013 and she has a mortgage she is currently paying from her HSBC current account

and makes a high monthly payment leaving her to use up her overdraft every month.

 

Can I claim from 2009 (6yrs back) ?

Can I use the same spreadsheet used in calculating Credit card charges ?

Can she add interest at 29.9% to the charges?

Can she do her Income and Expenditure on a sheet of paper with a pen or is there a particular form ?

I would appreciate your prompt reply. Thank you

 

 

 

 

 

 

Money Saving Expert website (Martin Lewis) has section on this. There are template letters for you to personalise and also an interest calculator. You enter all of the individual charges and it does the calculation for you - great. I have just tried to re-open a Hardship Claim with HSBC and wrote to them more than 40 days ago and filled in their 'Financial Hardship' booklet and sent that off too. No response whatsoever - I take this to be a guilty silence and am encouraged! Next stop the Financial Ombudsman.

Link to post
Share on other sites

I have been waiting for 6+ years, under hardship, FSA then were useless, since the Supreme court HSBC and all the others have played ignorant to cases.

 

 

you can try but expect usual template if any rejection/excuses.

:mad2::-x:jaw::sad:
Link to post
Share on other sites

forget the FOS

they never side with the punter on bank charges issues.

 

 

BCOBS or court+BCOBS is the only real route

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks guys. My friend has receive an acknowledgement ftom hsbc and still waiting for their reply though its been well over 14 days now. Want to give them till end of next week before sending in lba.

Link to post
Share on other sites

  • 3 weeks later...

read the blue RBS link after clicking BCOBS

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Can you confirm if its the N1 form for county court I would fill OR money claim online. Do I have to send the lba I sent to hsbc as the POC to court.

 

 

POC Below....

18/05/2015

HSBC BANK

CUSTOMER RELATIONS

8 CANADA SQUARE

LONDON

E14 5HQ

LETTER BEFORE ACTION

Dear Sir/Madam,

Request for Consideration as a Case in Financial Difficulty (Hardship)

 

Sort code:

Account number:

I am writing to reclaim all bank charges on my account since 15th Feb 2009, when I believe I entered financial hardship. I am unhappy that these charges have been applied to my account and in this letter I am registering my complaint. I request that you stop adding interest and default charges to the above account. The interest and charges serve only to add to the Financial Difficulties I am currently experiencing. In this connection, I draw your attention to paragraphs 224 - 227 in Section 9 of the Lending Code.

I need you to consider my case as a matter of urgency as I am in financial hardship. This is because I am unable to meet priority financial commitments including, but not limited to, council tax, food and utility bills. I have been struggling to pay credit card repayments. Payments regularly get returned unpaid as I don't have enough money in my account and frequently go over my overdraft limit. There has been substantial drop in income as I am a Zero hour contract worker and there has not been enough work for me in the last 6 months to cover my expenses. I have been on IVA in the last 6 years and came off IVA 2013. These charges have contributed to making my financial hardship situation materially worse. I am using regular cash withdrawals from credit card to make ends meet. I attach evidence to show my monthly income and outgoings.

I therefore request that you repay all my default charges since 15th Feb 2009 which total £2057.61.

Under the FSA guidelines, HSBC has 8 weeks to resolve my complaint. I trust that you will deal with my case within this period. If not, I will refer the matter to the Financial Services Ombudsman.

I look forward to receiving a full response to this letter within 14 days

Yours faithfully.

Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards

 

Tessy, have a read of the guide above before submitting any PoC.

 

As this is a money claim, it is probably best that you use the MCOL for submitting your PoC - they will then send a copy to to HSBC.

 

I will alert those on the team who help out in this forum, but meanwhile do have a read of the guide.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

As you are about to submit a claim, I have moved you to the Financial Legal Issues forums, where you will attract more attention. You need do nothing, it is purely an administrative move.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Righto, I have alerted others on the site team, I am sure someone will look in on you soon as they can.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...