i would say it would probably be worth going fro it, but if you have not managed your account well in the past and now you're threatening to take them to court i should think they would be more likely to close your account. im only saying that because it seems logical, not because there's a pattern that suggests it, in fact it only seems to be if you sue them repeatedly that they close your account. but its a possibility that they would and id just be aware of that if i were in your position.

oh really, they refused to pay you by cheque? didnt they tell you tigs that they are legally obliged to pay you by cheque if you request it? they made me my offer after lba so if they do drag this out then im filing with mcol so lets hope they can take their time fro all i care do you think it would be worth my while to call them and see what the staus of this cheque is, or is that a bit keen of me? dont want to look desperate now do i

I know that lots of us have requested our payments to be made by cheque because we dont want them to pay the money they owe us off the money we owe them in managed loans,or credit cards etc but how many of you have had payment by cheque and how long did it take? i accepted their settlement offer on monday, told them i would accept offer by cheque to be received within 7 days, is this a realistic timeframe? how long did it take you to get yours?

they sent me an offer which ive said i'll accept on condition that payment is made by cheque within 7days or i will proceed to small claims court. this letter came about 5/6days after i emailed my lba. im going to call them tomorrow or thursday to see if the cheques has been sent because if i dont receive it by monday im off to mcol

HURRAH! dont you just love it when a plan comes together :D lets hope you get your claim through soon as well, then you will be absolutely rolling in it! fingers crossed

if you do it by online banking you have to seriously edit down the letter and i couldnt paste it into the form, so id advise you to email the customer services address found on their site, worked for me as im expecting a cheque sometime this week

as i understand it, they cant make you repay the loan, but i think that i read they are entitled to offset any money refunded to you against that loan. (anyone know any more about this?) i was concerned about this too, so i stipulated i would only accept payment by cheque because if you request it they legally have to comply.

thanks karen, nearly there deni, i believe that you can now sue them for not complying with data protection something or other. have a look on the here then call them up and bring it to their attention maybe?

they virtually ignored me until about a week after lba then offerd me about 90% settlement. im accepting because that money would be more useful now in the summer holidays, and its not a bad return for a few emails! they acknowledged my emails, and the thing that got on my nerves is they have to forward everything but dont let that put you off your schedule though,id advise you to give them the 14 days and then press on. they dont give us extra time in case we are having admin difficulties do they. read my thread if you get a minute as there are comments from others on there that you might find helpful, i know i did

hi, ive done it by email and received an offer after my LBA, so dont worry! ive also read of oneother person who has been successful over email. check out my thread 'need some guidance' if yu want more details

well ive written to hsbc telling them that actually their justification of the charges being set out in t&cs is erroneous because these charges are illegal under consumer legislation 1977 Unfair Terms (contracts) Act as well as 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) and this is why the OFT is investigating and your customers are taking action against you. As a consumer I am protected by Unfair Terms in Consumer Contracts Regulations (UTCCRs) and it is under this legislation that I believe a court would rule in my favour. the OFT website has a very useful section in there about what is an unfair charge and it clearly states that a punitive charge is an unfair charge. overdarft charges are punitive becuase they dont reflect the cost of generating letter becuase as it has been said these things are done by automated systems. as there is no clarification made on statements between what is a manual intervention and what is automated, the customer does not receive full transparant account of what they are being charged for. i have also read that: Under 1977 Unfair Terms (contracts) Act, the sheer fact that ALL banks make these charges makes this a breach of the act (the example given is exactly that) i want to look into this and find out exactly how that works but it does make a convincing case doesnt it?

oh i called customer services and told them i am willing to accept but only by cheque, he was going to put a note through but i said i could email if that would be easier, he said yes have you got cust services address, i said yes but i was going to email him direct and he said that would be fine. i thought they told baracad that we werent 'allowed' to contact them directly. oh well, maybe im special

well it did include a flexiloan i had with them, but my accounts were always well kept until the charges and its only because of the charges that i was backed into ac orner and had to open the managed loan. as for them recalling the loan, i dont hink they can do that, its a seperate agreement and i have never missed a payment so i read that they cannot close that account. plus im a good customer, have lots of meny going in, always in credit, have savings with them too so i doubt they'll want to p*ss me off

yes tigs, i read your thread and thats partly what got me thinking about requesting a cheque. i also read somewhere that they are legally entitled to offset this money against any outstanding 'bad debts', but does my managed loan count? i have defaulted or anything like that, i only have the blasted thing because i couldnt clear my overdraft as a result of these flippin charges. i will ask for a cheque. and i probably will settle. much as id like interest id also like to take to have that extra money for the summer holidays i thin ki will call them or email mr langdale and say i am willing to accept payment by cheque only

forst of all, get your own thread im joking, all waifs and strays are welcome. secondly i got the whole terms and conditions line too, but they did offer to settle, but im now reconsidering my first thought to accept......anyway i am replying: In your letter you referred to your terms and condition as justification of the charges you apply. Whilst I can see your logic you must understand that these charges are illegal under consumer legislation 1977 Unfair Terms (contracts) Act as well as 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) and this is why the oft and your customers are taking action against you. as a consumer i am protected by Unfair Terms in Consumer Contracts Regulations (UTCCRs) and it is under this legislation that i will be pursuing my claim in full in small claims court. im going to be adding interest and ive virtually decided that im not going to accept their offer now, tempting though it was i looked at my spreadsheet and i though actually i would quite like the interst! am i being greedy? what do you think of my letter anyone? you might find this useful nif you're at teh same stage as me http://www.oft.gov.uk/NR/rdonlyres/720A136C-9435-40C4-8549-7BDFCCF85B70/0/oft143.pdf

well well well. today i received an offer, one im willing to accept my only problem now though is that ive heard that HSBC are putting the settlement money into peoples managed loan accounts instead of their current account. are they entitiled to ? in my offer they say they will pay the money into my account within 7 days, my current account number is printed at the top of the letter and is also clearly printed in bold next to the part where i sign to accept. is it therefore likely that they will be able to deposit this money into my managed loan account if they feel like it? if so, can i take legal action against them to have it moved into my current account? so what shall i do? i could call them to clarify that the money will be paid into my current account or i could accept the offer on condition that payment is made by cheque (but as i am recovering from surgery still it would be so much easier to have them credit my account rather than having to deposit the cheque). what do you think?

im planning to rely on 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) and 1977 Unfair Terms (contracts) Act. im filing my MCOL with HSBC next week so anyother bits of legislation or arguments i can incorporate into it would be nice

ive been following your case too, sorry egg seem to dragging this out for all its worth, but when you do win (and i believe you will) this will set a preceden wont it? im sure these people were traffic wardens in a previous life! would you be able to tell us what your main points were in your case to prove these charges are illegal? im planning to rely on 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) and 1977 Unfair Terms (contracts) Act. im filing my MCOL with HSBC next week so i want to get everything in place you see

is this after the prelim? im so jealous

i agree, you've already filed and presumably paid costs so if i were you i'd give them a ring and say their offer was too late and court proceedings are already in process and if they want to avoid court they will have to pay interest and fees. and wouldyou rather have 1k in their bank or yours i really doubt that you'll lose out or end up in court.

i cant seem to work out this excel thing, i found the key thing, thats ok but now i cant find the excel spreadsheet, saw another one but it wasnt the one i saw earlier and im getting in a satate about this..... so im trying to download this OpenOffice but it says it going take 6hours to download 6hours? im panicking, i want to work out this interest thing because ive just seen that ive miscalculated my charges by about £50, i know i can change this before i submit my MCOL but im want to work it out as soon as possible.

tonight matthew i will be searching my garage for an instruction manual...... thanks, not what i wanted to hear, but thanks!

i cant seem to open my office because i need some sort of a key, but i dont have one it was already installed on my computer..... what do i do now to calculate interest before i file my mcol?

ive seen that too about second claims, if you call up telephone banking abgain there is an option to make a complaint and you are put through to a uk call centre where they seem to know what they are talking about. how frustrating

i take it thats not because of a miraculous recovery? what i dont understand is why they dont do a fair doctors assesment for all new applications, and make it easier to renew claims? why cant they say, you need your gp to certify you meet certain criteria, seen as your gp knows your medical history better than any other doctor. but that would be far too sensible i suppose it sounds to me like they do occasional assesments and each of those is expected to reveal wrongful claims.its entirely the wrong approach because it doesnt weed out the people who actually dont have legitimate claims