Donated, please feel free to use my real name Emma Fahie ( nee Garnham) condolences to Martin's family x

You have put the time that the incident occured but not the date??

Also a bit of advice - if any of these companys phone you and you have a BT line, activate the caller blocking service - you can block 10 numbers (it costs you a little bit on your BT bill but it is really worth it) IF they phone you - do not answer any of their security questions, most of these companies will need to get you to vertify that they are speaking to the correct person. DO NOT give out any personal details and they will not be able to take the call further (also annoys the hell out of most of them). Tell them that you do not give out personal details and if they want you to discuss anything you will only do this in writing. Most of the time - their threats of turning up on your doorstep are just that - threats, very unlikely that they actually will. If they do - tell them it is not convenient to talk and rearrange a time for them to come back. Do not be intimidated by these people - that is how they will get you to pay up.

Also by having an actual court date the banks are more likely to pay up/settle before the court date. This is what happened on two of my claims.

lol @ maplins.... I now have BT refuse on my phone and their number is now barred....the hubby was getting rather fed up of them and we decided this was the best course of action. I am now going to deal with their non compliance of my CCA request....watch this space. THIS one I will be taking to court of necessary

Hi Rosie, I am in a very similar position to you I asked for a copy of my original agreement on 10 February 2007, received a copy of a Classic Visa Card request form on 30 April 2007 to which I wrote back saying that it does not include the prescribed terms and that I require the reverse of the form, as it states on the card request form that the conditions were overleaf. They have now replied on the 30 May 2007 saying there is no reverse of the form and that the conditions were in a leaflet I had with the card request form??? They are driving me nuts!!!! I have also had numerous (read hundreds of calls from them, I have have now activated BT's refuse number service and barred their number from my phone) after they ignored my requests, both by phone and post to stop phoning me.

Germany2006 I will not be bringing these four charges to the attention of the bank, either way, service charge OR a penalty, they should not have put these four charges on my account which in turned did actually cause a couple of further charges being applied to my account at a later date. My point to any judge would be that we were not overdrawn, never had been since the start of the account and the bank had no right to levy these charges. I would agree a fee (although not £15) IF we had gone overdrawn, but we didn't, if you saw my bank statements you would not believe it!!! I just know that if I write to the bank to confirm the position, they will very quickly see their mistake and refunded these particular charges back to me, which at the moment I do not want them to do as it is going to strenghten my case.

I reckon the average amount in that account at any one time was about £1,000, lowest it was about £200.

unauth o/d fee !!!! lol and my bank statements show for nearly a year I wasn't overdrawn, not even close!!! we were always in credit

Got to agree with you photoman, I think the banks have made a mega mistake by not paying this claim before it got to court. Even if Kev doesn't appeal (and I hope you do Kev!!) if any of us face a similar situation, then we will be in a similar position to appeal as well and take this to the high court. I am hoping I can take my new (pre 6 year claim) with Abbey as far as possible as I had four charges for no apparent reason, wasn't overdrawn, no cheques, SO, or DD bounced. I will take this claim as far as I can even if it might mean an appeal.

I think that is an excellent idea, the problem being that for "newbie" the whole site is getting so large now that is seems very easy to lose yourself on the forums. I remember (in the good old days :grin: ) when I first joined the forum and it was just picking up in pace, now it is amazing the number of posts that are made on a daily basis. Unfortunately for new members they will find it difficult at times to navigate the site and also they will panic when their questions go unanswered. I think we all just have to help each other as much as possible. I would also like to thank everybody on there for all of the help I have received, I will always be indebted to this forum for giving me the information to claim my charges back, also sort out some of my debts and to empower members in a way that is very unique and very special to this forum. Please keep up the good work!! xx

That is very generous of you fedupconsumer, we seem to have a growing number of pledges for Kev's appeal on his thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/35751-kevboy_telford-lloyds-4.html#post825559

I'll happily pledge £100 to the fund as well Sorry to hear about the courts decision, I really hope you do appeal. Good luck!!

luckily we are only "conversing" over the internet !!!!! lol

Yes of course you can pick my brains as the others have said as well there are a lot of knowledgeable people on there and some excellent threads to read.

You can always look it up on their website, actually I think my recent claim with them had the compounded interest (this was a prior 6 year claim) Ah I got 18.3% Well I am off to bed now, I will try and catch up on this thread tomorrow. night night all

Good luck!!!

Hi Doz, and welcome to the wonderful forum that is HSBC Was the loan due to unlawful charges on the account? If so I believe you would also be able to claim the loan interest you have paid on this loan. If it wasn't for the charges, you wouldn't have the loan. Ideally the reclaim of charges would repay the loan and also you might be able to reclaim the loan interest paid on the loan. This is what I did for my husband, we successfully reclaimed his charges and his loan interest and paid off the loan. Was the loan a "managed loan??

I do agree that the unauthorised overdraft rate would be higher but if it was me I would still have a go at that rate and use it as a bargaining tool, if you have to. It would be up to a judge (I believe) to decide if the rate and the fact that you have compounded it was reasonable, and I still think a lot of the banks do not want to take a managed loan issue to court (hey but I could be wrong) Did my explanation about the charges and interest make any sense??

Happy to help, if you need any clarification just ask.

In theory there is no reason (that I can think of) that you cannot charge the bank the 14.8% interest, as the interest on the loan is an additional charge that the bank have taken from you. Are you sure that both rates of interest are 14.8%? both for the managed loan and for the unauthorised overdraft rate?

Not too sure how to illustrate this but I will have a go. Bank charges you £30 >>>> and makes you overdrawn >>>> you cannot pay charges therefore they convert your overdraft into a loan, at this point in time you have still not repaid the £30. You now have a £30 overdraft on which they have charged you £5 interest. In order to put you back to "square one" you reclaim your £30 charge, now the only bit you are out of pocket is the £5 interest which I believe you are entitled to claim, because if it wasn't for the £30 charge the £5 wouldn't have been charged.

ahhh but the charges you are reclaiming will repay part of the capital on the loan, I believe that the only part you could reasonably argue in court (if it came to it) is the interest on the loan, otherwise the bank would repay the charges twice. Once the charges are refunded you are only out of pocket by the loan interest if it is not repaid. Does that make sense??

Hi there, Take your time to read, read, read the forums untill you are happy about the course of action you will be taking. You will need to summarise your charges so you can send the summary to HSBC together with the first letter which is asking for your money back, this will give them 14 days to refund the money, if after 14 days, you have not received your money back, another letter (LBA - Letter before action is sent) together with another copy of your summary of charges, giving them another 14 days to repay the money, if after that time they have not refunded the charges you will then need to issue court proceedings. Can I ask how much your charges are? Did HSBC force you into having a managed loan at all?? also, IF IN DOUBT, ask NEVER be too frightened to ask for help, this is what we are all here for Good luck

Just one thing the 39 payments of £265.33 is that just the interest charged on the loan??? or the actual payments you had made, as I would only try and reclaim the loan interest actually paid todate on the loan.