This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

So HSBC have not responded to my LBA for the outstanding amount (between the partial settlement figure and the actual figure I was claiming for). So now I start with Moneyclaim to get the remainder. Between the partial settlement acceptance and now I have had another unauthorised overdraft charge put on my account, can I add this to the outstanding claim? Also I guess that the 8% interest I can add is just on the outstanding amount? If so how do I calculate this - i.e. since I have already accepted a partial settlement how do I decide which charges constitute the 'outstanding amount' in order for me to calculate interest..? Lets see what happens! cheers

thanks for that. they haven't had the 14 days from the LBA yet, so I guess I wait until thats up and then issue the mcol. seems silly if they don't get back to me for the sake of 80 quid!

Just thought I would update everyone. After a lot of thought I decided to follow the advice I have been given here and I adjusted the letter from HSBC offering me a 'full and final' settlement to say 'a partial settlement' and returned the signed document along with my LBA stating that I was giving them 14 days notice for the payment of the full amount OR the difference between their offer and the full amount. I also thanked them for their offer and 'accepted it as a partial payment and that I would be persuing the difference'. Today I recieved a simple one page letter informing me that the money would be paid into my account. Great news!! Thanks for all the advice guys! :-) The only thing of concern is that the amount they are paying me is the 'partial settlement figure' the letter made NO mention of the outstanding 80 pounds or that I said I would persue them for it. I expected a replying saying we will give you the full amount. So do I send another LBA stating the exact figure I will be persuing them for, do I just wait for the 14 days to pass, or do I send another letter thanking them for the partial payment and 'reminding them' that I am persuing the rest as per my LBA dated the XXXX ?? What are peoples thoughts? cheers Paul

Hi Guys I've decided to pursue HSBC for the full amount. SO I will accept their initial offer on the understanding that it is a partial payment. Should I include a LBA in the reply? I was thinking of replying with the signed 'contract' thanking them for the offer and accepting it as a partial payment (as mentioned above by Louise) AND including the LBA for the difference (80 quid). Do you think this is the way I should do it?? Or should the LBA be for the FULL amount. If they reject my signed contract for the initial offer, then the LBA will only be for 80 quid!!! do you see what I mean??! as always, your help is appreciated. Paul

Hi Louise, Thanks for the information. I was thinking about adjusting the LBA template saying 'thanks for you offer but no I will be claiming for the whole amount' rather than adjusting the letter they want me to sign. Don't know, I will take a couple of days to decide. Maybe I should take their offer and run. Its just that I have come this far so why settle for 80 pounds less than I am OWED. Anyone else rejected an initial offer like this??? thanks Paul

Hi guys Well it was a few days late but I recieved a reply to my preliminary approach letter and the bank have offered me a £80 less than my claim. Good news. I've read the advice in Bankfodder's step by step guide where it says I should accept this offer as a partial settlement and still go ahead for the remainder. I do not see how this is possible if I sign the banks letter accepting the settlement as a 'full and final settlement'? I also read other forum users stories where the initial offer has been outright declined and the LBA letter sent. The LBA template in the library, makes no provision for a paragraph rejecting the banks initial offer. Is there a template for such a letter? I cannot find it. Hope I'm making the right decision, but 80 pounds is still 80 pounds. What are peoples views/experiences of rejecting the offer after the preliminary approach? regards Paul

Hello everyone I'm just putting together my LBA. What are peoples thoughts on whether to include the final paragraph regarding the Consumer Credit Act? I am prepared to file a complaint but was just wondering whether or not the bank will take the letter more seriosuly with this inclusion. 'Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.'

Hi Guys Well the 14 day deadline has passed and no reply from the bank in relation to my Prelim Letter. I'm quite surprised since most other people here seem to receive a reply from HSBC after the Prelim letter. I'm 'only' claiming for £800. So I guess I go ahead and send my LBA letter. I sent the Prelim letter to the infamous Ian Shepherd, I guess I will send the LBA to him too. cheers Paul

Hello everyone Well I finally received all my old bank statements from HSBC and guess what?? Surprise surprise. When I have checked through all my statements it turns out that there is more than DOUBLE the amount of charges that HSBC said in writing I had been charged in their initial letter/response to my Data Protection Act letter. I can't believe it! I am about to send them the first letter asking for the full total back. I have 2 questions though: 1) Since I have a letter from them listing "charges since my account opened", which is clearly incorrect. Should I make an issue of this? The fact that they have clearly lied to me (in writing)? 2) Do I need to list all the charges when I send my first letter asking for the money back? I'm really shocked they lied to me like this, and in writing! Its unbelieveable. I can't wait to get my money back! cheers

Yes I did

Hi Lou Thanks for that. I guess they will not be sending me printed statements although I can access them online thanks to a handy link from another post. Having had a quick look through them I don't seem to be able to match up the list of bank charges they have sent me in the letter to my online statements so I am wondering if bank charges are detailed on the old online statements? Will investigate further. Finally, they also did not mention in the reply to the DPA, what each charge was incurred for. There were also a number of charges detailed that were small (less than a pound), I don't know what these are - maybe the overdraft interest? cheers Paul

hello everyone, It only took 3 days for HSBC to reply to my DPA Letter with the details of charges. Not as many as I thought but enough. I was suspicious that I had only accumulated charges over the past 18 months but they say they have checked my account for the past 6 years. I trust them . The letter came back from Ian Shepherd. They kept my 10 pounds One thing I do not understand about the Preliminary Approach for Repayment letter is the following: Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. How do I know if they have done this? Nothing was mentioned in the letter they sent in reply to the DPA. Should I include these 2 paragraphs in the letter anyhow? Will Send the Preliminary Approach for Repayment letter as soon as I have fully understood this. Amy help is appreciated. thanks again Paul

Thanks for the info DPA letter sent recorded delivery today. Will keep posting. Paul

Hi Louise Thanks for that. I did read the FAQ (infact I've spent the last 2 days reading this site rather than working!), but it said that I needed to identify the Data Controller or the address the Bank has registered to the Data Protection Commissioner. When I type in the address of my Branch in the Public Register theres nothing found, same for the HSBC head-office. Does anyone have the person for HSBC that I should send this letter to? I'm hoping this will be the best 10 pounds I've ever spent in my life thanks again Paul

Hello everyone, What a wonderful site. I cannot believe what I've been reading over the past few days. Truely incredible. Thankyou so much for making this information available. I am about to start a claim with HSBC for the past 6 years of bank charges. I initially contacted the bank by phone to ask for a list of charges for the past 6 years and they told me they would supply the information but that it would cost 35 pounds per hour! I have read the FAQ thoroughly now and want to file the DPA request letter to get my bank charges listed. I have gone to the Data Protection Public Register and typed in the address of my branch and it says theres no matching enteries. Am I misunderstanding who I am meant to sent the letter too? Is it someone at my local branch? Will keep everyone informed and donate when (hopefully) i am successful! cheers Paul