I've had these too recently, I think HSBC are trying to hide a charge behind a service fee description...can't really say for sure but I'm inclined to think we can see a pattern forming for HSBCs defences? (probably a bit early yet and I'm no expert!) There's plenty of stuff around on this site that deals with the legalities of this...but suffice to say they can call this what they want...they have unilaterally changed t&c's to say you'll be charged a "fee" for a "service" (some service eh!) but it is not a complete leap of faith to apply one of the legal descriptions of a penalty fee:- Lord Dunedin {Dunlop Pneumatic Tyre Co v New Garage & Motor Co [1915] AC 79} set down a number of principles in definition of a penalty clause one such clause being:- "The sum is a penalty if it is greater than the greatest loss which could have been suffered from the breach" loads of stuff on this site to help with that side of things and people a lot better equipped than me to help will do with any questions you have (just ask you'll feel better I know I did when I asked my stupid questions); I guess all I'm trying to say is chin up and keep on with the templates from CAG! Good Luck. lmw.

Thanks to you lot and various other sites really...just got to wait a few days and I should be back on the level money wise!!! I drafted a nice letter basically saying "show me the money" and also stated that if they start off with the penalty charging again I reserve the right to start the process again (let's hope I don't have to eh; the plan is to treat this latest episode as the slap round the face I need to become a bit more financially literate!) And you're right a win is a win (it's a nice feeling; almost addictive?)...I've added the detail to the survey just to boost peoples confidence that extra 1500 quid more!

Hi, Just a note I received an offer letter at the weekend for the amount £1532.25 which is all charges up to the latest ones (which I hadn't claimed for; they ocurred after my claim was started). I am happy with this offer even though it doesn't reimburse for the court costs. Personally speaking (Bear in mind I am new to all of this and I did come to CAG late in the day (followed off-site advice)) I'd say if you're taking on HSBC and get a letter asking for you to wait 8 weeks for them to investigate your "complaint" - give them some breathing space and then file your claim if your not happy with the outcome. Cheers.

Thank you for your input again. I have decided to accept the offer in full and final settlement, looking at the offer the money covers the new charges and I really could do with the money within the shortest timescale to save me from further charges... Thanks again for your input.

Had some news today: I tend to think it's good too. The bank have offered me a full and final settlement amounting to charges without interest up to and including the new charges I'm inclined to take the offer as i wouldn't have thought proceeding to court just for interest is in the best interest of the future claimants? Plus I am more than happy with it. Question is now...I've already lost 120 in charges and bundle prep time is it worth writing a note to HSBC to accept the figure as settlement of the claim but advise them that I will be seeking compensation because I've already filed and then when I get the notice of transfer write to the judge to inform I am dropping the claim but respectfully request that it's my belief they were never going to let this go to the court and I've already incurred 120 etc. etc.? Once again your advice is invaluable I can feel a donationto CAG coming on when I get the GBP in the account. Oh and one other thing...if I sign and retun the form in order to drop my claim for a figure of xxxx.xx are they then legally obliged to provide the funds: once again I'd presume so? Regards lmw.

Thanks for all the help so far...it's easing my nerves being around here! I figured as much; but thought I'd better check it out just in case! Nope no joy, they have decreased one of the charges down from £150 to £50...whilst I was on the phone so no documented evidence; I didn't think to record the calls - but I did note down time date and length of call. It shows you how much leeway there is though if it were purley recovering costs one would think it'd take more than a call centre supervisor to strike it down by 66%? Actually thats reminded me do you think it's worth mentioning this if my case actually gets heard; or putting it in my list of evidence? I guess I'll have to start the process again then. If you know the charges do you just go straight in at stage 2 i.e. you can skip the initial 6 year SAR since you know what the charges were? I've seen the SAR on CAG appears to be asking for evidence of manual intervention on the account meaning I probably would need an SAR for just that? Thanks again. lmw.

Actually, I'm still struggling to get out of this mess and so have incurred some charges since my initial correspondence with the bank and MCOL should I include these on this new schedule of charges spreadsheet I'm working on even though up till now I've not mentioned them? And when does the six year period start from I've read a couple of scenarios around this point e.g. start from SAR or start from calim filed date? Any thoughts are greatly appreciated!

I'll sort these so I'm ready to send to the court and DG asap once the claim gets transferred. Thanks. lmw

I haven't done a spreadsheet from here no, and no copies of spreadsheet sent when filed.

'Ello, I'm new - well in terms of posting - I've picked up some stuff but thought it high time to start my own thread; more to allay my own trepidation regarding going to court. I followed the advice off MoneySavingExpert.com and after some ignored letters and the usual prevaricating finally got to the MCOL stage. After a 24 day wait it would appear that DG has filed a defence...that brings you bang up to date. I've already started reading the basic court bundle and await an AQ or notice that one isn't required...does it sound like I'm on the right track? Do I just wait now for the local court to get in touch or is it worth sending DG a nudge letter now? Thanks in advance for any input. lmw.

I'm in the same boat as you 04Jooles...exactly, HSBC have just filed a defence; I'm off over to the HSBC to spark up my thread. Good Luck. lmw.