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Everything posted by VeryTrying

  1. I much prefer positive WHENs, rather than wishy-washy IFs. Good luck.
  2. Canada Square, the registered office. See post no 3 here: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/74985-hsbc-contact-information.html And welcome to the forum .....
  3. VeryTrying

    Gez vs HSBC

    Hi, Gez, I've arrived here as well. What Progenic has said is what I've managed to work out too. My claim is fully over 6 years, but at least I'm not going for any interest (other than statutory, of course). So, I'm taking things very, very slowly. Only done the prelim so far.
  4. There you go! Told you somebody would be along to help you, and givememymoney won the race.
  5. Don't worry about doing the spreadsheets, they almost do themselves! There are people on the site who will be willing to have a look at yours when it's ready, just to make sure it makes sense.
  6. Do you mean will HSBC pay you a cheque AND reduce the amount you owe them? 'Fraid not - it's one or the other. I doubt they'll pay you double the charges.
  7. Will you be claiming any interest - even just the 8% statutory lot? I know that when my 14 day LBA deadline had only a day or two before expiring, I was praying HSBC didn't respond because I wanted to go to court and slap the interest on as well. You are unlikely to hear from them for a few weeks. And bank holidays won't make much of a difference to your wait - we're taking weeks here, not a few days. First, you'll get a reply to your preliminary letter saying something like "please give us more time to investigate your claim thoroughly", then another letter to say it is taking longer than expected and they quite understand that eight weeks is really quite a long time ....... If I were you, I'd get MCOL ready over this weekend while you have some free time. Use the Canada Square address, this is their registered office.
  8. Soph, if you read the guide Castlebest has recommended you will see that at step 3 is the preliminary letter (which you have already sent) and at step 4 is the Letter Before Action (LBA). Have a read and make sure that the letter you have already send is similar to the preliminary letter recommended, and that the schedule of charges you attached contains the same info as HSBC will need (date of charge, name of charge, cost, and then a total). Then you can do the LBA!!!!
  9. But don't send it FAO the Data Controller - that's just for when you are making a subject access request. You seem to have all your statements, and a schedule of what they owe so, as Gez says, carry on with your LBA. You won't get a reply to that either, but at least when you go to court it will look as if you've tried to resolve things. Make sure you send the LBA recorded delivery so you can check it's been delivered. Good luck!
  10. Preliminary letter done today. Only 3 statements are missing and since HSBC are unlikely to provide anything much under the SAR, I may as well make a start. If any further information is disclosed I can add these charges on until the MCOL stage. I'll let you know of any response we get ...... but I'm not expecting anything this side of May! Does anybody know how long Colin's backlog is at the moment?
  11. Yes, Bong. I was also thinking of bringing their defence up even earlier, at least at LBA stage, just so that they knew I meant it, rather than was just trying it on. I've seen references to unfair contract terms not being applicable to accounts opened prior to 1995-ish, so I have to review this area to get it right for the POC as well. When I've read (and understood) more widely, I'll put something together and post for review ..... but likely not to be for quite a while because they've still got 38 days left on the SAR! What I want to make sure of is that I don't let OUR side down by an ill-thought out and incompletely researched approach. If DG/HSBC get too many wins, they might begin to think they are right. And Benny, thanks for the support, I'll creep slowly forward, there's no rush yet.
  12. Bong, I EXPECT the claim to end up in court since there is no reason for HSBC to settle earlier. I've done a lot of reading around Section 32(1)(b) and(1) © of the 1980 act, but would prefer to argue the lawfullness of the charges initially (knowing the bank won't turn up for that), then SOLA. Unfortunately, without any charges within the last six years, the bank will jump straight into SOLA, ignoring the lawfullness of the penalty charges. It's not a lot of money, under £1k for the charges and about the same for the 8% when I get as far as MCOL - so £2,000 in total. I'd enjoy doing it for the challenge, just so long as it didn't cost more than the filing fee and the AQ. I'll sit back quietly for now and see what my SAR produces ...... and keep reading what everybody else is up to!
  13. Having just managed a relatively straightforward claim with HSBC, I'm starting another one for a relative. This one I'm not too confident about since ALL the charges are over 6 years old. Still, I've done a standard SAR from the template section and handed it in at a branch. The branch were very helpful and were going to print out all the statements for me to collect, until I pointed out that most of what I wanted was more than six years old. They then told me that they didn't keep anything older than six years, but perhaps that was just statements. They were happily chatting among themselves, and were quite interested in what I wanted. They couldn't grasp that I was requesting data in any form, and not just statements, and when I mentioned the possibility of microfiche, decided that they had better pass the letter up the line. So now I'm going to wait, and wait ....... and wait. BTW, they handed me my cheque back, saying they didn't need one any more. I hope that doesn't delay things! QUESTION: what are the chances of getting anything older than six years on an account which is now closed? Since I have quite a lot of statements, I can produce a claim from 1991 to 2000, and ignore the gaps because I've read on other threads that it is very difficult to put in an estimated claim. However, I've reached the conclusion (and had it confirmed by Bong today in another thread) that getting ONLY 6 years+ charges paid will be quite difficult. If some charges were more recent, then you could argue the legality of the penalties in court, before also having to argue SOLA - and HSBC wouldn't want to actually go to court in case they lost. But, with no recent charges to argue, HSBC will most probably go straight to arguing SOLA, and might not mind appearing in court to do that. QUESTION: should I bother or, as things stand, am I bound to lose? Of course, it's no great trouble to at least write the preliminary and the LBA. Nor is it a great difficulty to pay MCOL (and not get it reimbursed). Comments and advice gratefully received.
  14. SUCCESS!!!!!! After a bit of dickering (I'll give you this, if you'll give me that) the money was paid into the bank overnight. We didn't get paid the amount claimed for interest paid, but did get back the extra 8% from the date MCOL was filed until the date it was paid. So, what it came down to was +£3000 claim and DG sat and argued over £40 of interest. We gave in on that one since we got nearly all of that back by asking for the additional 8% daily rate. DG were asked for payment by cheque, but they said it would take 7-10 days for this to be done. Advised them that payment into bank account would be acceptable as long as it was done within the 7 days specified in the acceptance (luckily the account wasn't overdrawn). Therefore, it was paid overnight last night. In the acceptance letter, crossed out the confidentiality bit completely - no problem. Many thanks to lateralus and nettyg for their help - and well as all the other posts, expecially from the lateralus dozen who all arrived at the AQ stage together. How has everybody else done? Who's still sitting waiting? On to the next claim now ......
  15. Hmmm, that's a worthwhile sum. Might be worth thinking further about. I can't help with the spreadsheet, but it seems you have some letter Os, in there rather than numerical ZEROS.
  16. What is the total of your charges, and what appears to be the total of the relevant overdraft interest? If the interest isn't a great deal, I'd really advise that you don't bother. To successfully argue a claim for overdraft interest, you do need to understand what you are doing. Even a small error gives them enough scope to start arguing and wasing time. ....... and I'm speaking from experience! .
  17. When you send your LBA, attach a list of your charges (the one with dates, description and amount) and also include int he list the NEW charges which have gone on your account since the first letter. Head this list "REVISED list of charges", or something like that.
  18. First paragraph of my offer refers to "charges levied on your account in the period from xxx to xxx", the dates being the first and last shown on the schedule of charges. Final paragraph says "That payment is made in full and final settlement of your claims arising from the charges applied to your account in the period referred to above and by accepting this payment you agree not to make any other claims relating to charges for the period stipulated above.". This particular offer seems to leave the way clear to claim before and after the period of the current claim. But I have seen other offers which lacked clarity over dates.
  19. There were a couple of optimistic offers from Colin in response to the prelim and LBA, but both were sent very late in the process after I'd filed MCOL. And then, the day after AQ due, a not-too-bad offer in writing. Before that, apart from sending them a copy of the schedule of charges, I hadn't been in touch with them at all by fax, email or phone. I physically hadn't been able to follow the then current advice to get one's case to the top of the heap by bugging them, although I would have liked to. There seems to be no reasoning behind why one gets an offer, and another doesn't. It doesn't seem to depend on the size of your claim, whether or not interest has been added, if you've claimed over 6 years. It seems truly random! Perhaps yours will arrive on Friday - that seems to be DG's favourite day.
  20. Thanks for asking, Lattie. I see you have been rounding all your little chicks up today. Nothing much to report just yet. I don't think DG have filed their AQ, but offers and counter-offers are underway. Who will blink first?
  21. 'Course not. It's just what they keep on saying in the hope that some poor, ill-advised claimant might believe them! .
  22. Can I just emphasise that (b) is the interest paid only on the charges, NOT the general overdraft interest. .
  23. This response is meant as a discussion, rather than advice! So, it seems you've asked for too many charges (and therefore too much interest) to be returned to you. Surely the actual amount is something which will be negotiated between you and DG/HSBC when they make you an offer. Their offer will say something like "we won't pay anything more than six years old, therefore we offer you £xxx. Also we never pay interest anyway, so there!" And you write back and say "OK, thank you for pointing out that some charges are over six years old, therefore I knock them off my total, and because of this I reduce my interest to £xxx. This amount I will accept in settlement of my claim, etc. etc ......" Therefore, would it be possible to continue with the current MCOL, and be prepared to negotiate down at settlement stage? DG might be quite happy to settle for the real amount you want, because they will think they've reduced your claim by the power of their argument. Why disabuse them? You get what you want, they think they've been clever. Comments?
  24. Yes, add the new and forgotten charges to your list of charges and head the page REVISED list of charges. Then change the total in the letter. I wouldn't bother explaining what you are doing - they don't actually read the letters anyway! Just stick to the standard LBA letter. Good luck tomorrow. .
  25. I did the local branch - because I could hand deliver it and ask for a receipt. I don't think it matters where it goes, they all seem to get forwarded to customer services in Leeds and then you get a reply (or, to be more truthful, don't get a reply) from the lovely Colin.
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