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Hi,

I'm hoping this is the correct forum to post this. If not please forgive and can someone move it to the correct one?

The other week, on Friday evening, I went on-line and transferred £350 from my Abbey account to my HSBC account. Doing this as I realised that my HSBC account would exceed the agreed over-draught and didn't want to go through the claiming bit again (having successfully claimed back just over £1000 from then about s yet back). However the money did not reach the HSBC account till the following Wednesday.

I called up both banks to inquire why it took so long and they said "because it does". I kept on asking but why and eventually gave up, as they kept repeating the same answer. They did however say if I'd asked for it to be done quicker it could be but there would be a charge for such a service. So I had finally got them to admit it could be done the next day, but you'd have to pay for it!!

So my question is, are they allowed to make a charge for such a service? The reason I'm on about this is that the late arrival of funds into the HSBC cost me £75.00 in charges. Well, it would have done but after much disputing it over the phone they reduced it to £25.00, for three items, which is closer to a reasonable charge. If abbey had transferred the money the next day there would have been no charge!! Are they liable for that charge as it was their fault, or was it all my fault for not arranging the transfer sooner?

Thoughts?

Neil.

Don't give up - complain!! They must have other copies of the leaflet from the date you got yours. They prpobably changed the text becasue they were getting too many claims I'd put it all in a letter and if you have the time hand deliver it to your branch, asking for a receipt, or send it recorded delivery, saying the terms you read mentioned £50.00 cash back and you want it. It would help if you still hand the leaflet but it shouldn't stop you. You could also threaten them with the small claims court, but that might be a bit exessive for £50.00, but you could report it to the local paper or even a national paper. Or on the BBC site the there is a money section where you can report such things. Thing is to embarress them, or at least threaten to and if they don't respond, then to do it.

Neil.

Below is a rather long letter to the AA/British Gas loan regarding cancellation and rrefund of PPI costs. Was wondering if anyone would be kind enough to comment on it? Also, can I claim for unsolicited telesales calls, as already had asked them twice not to make such calls?

Thanks,

Neil.

Dear Miss Humphrey Re:Agreement No: xxxxxxxxxxx

 

I am again most disappointed, even angered, that you have failed to pass on the information from my letter of the 2nd July 2006, wherein was the following:

 

“You may recall that I told you in my previous correspondence of calls that I had received from your customer services department offering me additional funding. I explained that in my opinion this was irresponsible banking and that if you were concerned to help in my debt management you should not be offering to involve me in further debt. Having received your assurances that such a situation would not occur again and having been told that my account would be marked to this effect, imagine my amazement when on Friday 23rd June 2006 I received yet another phone call from your customer services department asking me how the loan was progressing. After I had explained that I was in dispute with yourselves over the PPI refund I then asked the nature of the call only to be offered further debt should I require it. I immediately asked for a settlement figure so that I could close this account completely.”

 

This evening, 13th July 2006, at approx. 20:30, I received yet another call offering me a further loan!!

 

I consider this a direct breach of the DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). Within this document it states “Within the context of an existing customer relationship, it is reasonable to allow the use of electronic contact details for the offering of similar products or services ..., only allowing such calls to subscribers and users who have given their prior consent.” Having asked at least twice NOT to receive such calls, it can easily be taken that I have NOT “given prior consent”.

 

It is interesting to note that today is also the day that my settlement cheque for £5,788.04 was cashed. You may now consider the matter closed, but as mentioned in the letter, dated 5th July 2006, accompanying said cheque, I certainly do not.

 

In a previous letter, dated 18th May 2006, I asked you to refund me £325 which is what I saw as the overpayment in subscriptions for the PPI. I also expected my monthly payments to return to the original amount of £248 for the duration of the original term. It was your non-agreement to this that led me to settle the loan in full, according to your figures which I have continually disputed.

 

I acknowledge your letters attempting to explain how your figures were calculated, but still dispute that the PPI was not explained either on the 'phone or fully in the contract. It was stated that the loan was £228.43, per month and the PPI was £48.00 extra per month. At no time was it mentioned that the PPI was loaded at the front of the loan. If I had know that I would not have taken the loan out with your company. So the cost of the PPI over the 36 months of the loan (36 x £48.00) works out at £1728.00. If we then take off the cost of the 11 months cover which was provided, which equals £528.00, before the PPI was cancelled, I calculate you owe me £1200.00.

 

In plain language on the front page of the contract it stated:

LOAN monthly cost: £228.43

PPI monthly cost: £48.00

Total monthly cost: £276.43

 

According to the OFT:

 

An unfair term in a contract covered by the Unfair Terms in Consumer Contract Regulations (UTCCRs) is not binding on you.

Test of fairness

A term is unfair if:

contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers.

'Good faith' means that traders must deal fairly and openly with you.

Although standard terms may be drafted to protect commercial needs, they must also take account of the your interests and rights by going no further than is necessary to protect those legitimate commercial interests.

The plain language requirement

According to the UTCCRs, a standard term must be expressed in plain and intelligible language. A term is open to challenge if it could put you at a disadvantage because you are not clear about its meaning - even if its meaning could be worked out by a lawyer. If there is doubt as to what a term means, the meaning most favourable to the consumer will apply.

 

From your own plain terms you owe me part of the PPI which is £1200.00

 

My targets to resolve this matter

 

Having already requested one way of sorting this dispute, I will now give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive the £1200.00. payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 7 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

I look forward to your early reply

Don't get too comfortable - most banks are all the same - out to make money - did you see Panorama last Sunday? They all want your money to make more money and not just a reasonable profit, whic I'm sure we all recogniose they need to do, but not the unreasonable amounts they make from people already in difficulties.

In the first letter you say:

It has been brought to my attention that your bank charges are illegal.

It may seem a small thing and I must admit to still being a bit confused by the difference, the charges are not illegal, but they are unlawful.

Neil.

By the way, has anyone put just one name down for a joint account on MCOL and not had a problem?

I've not been around for while or would have replied sooner. My wife and I have a joint account with the HSBC, which either of us can sign for. I signed all the letters and put the claim in my name only and it was all successful.

I offer my congradulations as well. Having just been paid a claim by the HSBC I'll now be starting one for the Abbey. Don't think it will be too large an amount, but hey, it all adds up. Thanks for your inspiration.

Neil.

but who did you address the rquest letter to?

a certain person or just the manager

I sent mine to the manager of my local branch. Got his name from the telephone customer service line. If you are calling the service line remember youdon't have to use the 0870 number, but use http://www.saynoto0870.co.uk/ to find the geographic number.

Neil.

I also missed it and would be grateful for a chance to view it. As already mentioined, I too contacted ITV by email and they replied saying they had no plans for repeating it. Maybe if enough attention is given they will schedule a repeat?

Neil.

I sent all mine to my local branch.

Neil.

Q1: I'm just a "man in the street" so can I act for/with my friend.?

Yes, if she signs a letter giving you authority to act on her behalf. I expect it would need specfic woding and there I'm afraid I can't help you.

Q2: Her account is over 25 years old, ie was opened before 1995 when it was the Midland Bank, will this cause any "special problems" to her action?

Age of account is no problem. I opened my Midland acount in 1974 and have still been able to succesfully claim for the past 6 years. Going back further is another step.

Q3: She is likely to end up homeless as a result of the HSBC making these charges on her account. Is her claim limited to only the recovery of the bank charges.

You may be able to claim for other dmamages but that is another ball-game and I don't think that can be helped with here? Unless anyone has any ideas?

I would strongly suggest you/she contact the CCCS who can help when people are in serious debt problems. They may want to speak to your friend direct though.

Money in account this morning. Took a bit longer to arrive than expected. Anyway, it's there now. Donation made. Now for a reread of SpiceSkulls pre 6 years thread...

Thanks again to all

Neil.

Hey, don't hijack my thread!! ;-)

 

Anyway, I spoke too soon - before I got the chance to file my claim I got home today to a letter from HSBC (Phil Beaumont) offering me £875 of the £1100 I'm owed...

 

Obviously I'm not going to take it but I'm guessing I need to send them a letter now stating that I don't accept it and will be pursuing the full amount. Is there a standard length of time to give them now before filing my claim on Moneyclaim?

Neil.

So far as the interest on your charges is concerned most have not bothered to work it out. The hassle is deemed not worth the effort and another thought is that more than covers any cost they have have had for sorting out any OD cost, etc. You can still claim 8% if you get to court.

I'm not 100% but I'm sure you can also claim the £10 for card misuse.

Neil.

Thanks for the quick reply!! Is there a template available for this kind of letter?

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=6986

Neil.

Got a letter from DG Solicitors offering full refund, plus interest, etc last Thursday. On Friday sent my acceptance, after first crossing out the confidentiality agreement, by fax and post. This morning had another letter from DG saying the money should be in my account within the next couple of days. Som they must have responded to the fax as the letter would only have arrived today.

So a big thank you to all here for your help, inspiration, motivation, etc. Once money cleared will make donation.

Thanks again.

Neil.

Have a look in the template library:

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=33

Neil.

That letter looks good to me, but then I'm not lawyer

Been following your thread. Once my first claim with HSBC is over with will look at going back previous to the 6 years, as you have.

Problem is, I am rather pushed to find the £120 court fee for Moneyclaim.

Neil.

Also, how are you compiling your information, as i dont have online acces to my 8 years worth of statements, can i request them from the bank?

Here's the FAQs - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=5 where you'll see you can initially only claim for the past 6 years, even though you may have had an account for 8 years. The other 2 years may be able to be sorted later. This is still being looked into.

Neil.

I have copied the non compliance letter and will send it, the 40 days if dated from my letter 20.04.06 ends today, do I go from my letter or there reply? dated 27-04-06.

Thanks for all your help, this site has been a constant source of support.

Neil.