Hi Thanks everyone for all there help, got a letter from the banks solictors this morning. And joy of all joys they have offered me over £4300 to settle out of court. HAPPY DAYS Thanks again.

Hi, Unfortunatly this ones still going on.... The Defendant has disputed the full amount claimed as shown on the claim form. There defence. 1. The claimant;s account is governed by the defendant's personal banking terms and conditions. 2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list. 3. It is denied that the fees charged for the services provided to a penalty or liquidated damages clause. the fees are on an agreed price for a service provided by the defendant. They have also sent me an allocation questionnaire form (N149) What shall i do now?

Got this response from hsbc this morning... The bank does not agree with your contention that the charges that have been imposed consititute a penalty and are therefore unenforcable. the contract between the bank and its customers is governed by our personal banking terms and conditions. In respect of overdrafts, i would refer you specifically to clause 7.11 in section 2. If you authorise a payment that would, if met by us, lead your account going overdrawn or over an agreed limit by the bank considers whether or not to make this payment and a fee is payable for this service. Our fees and charges are clearly stated in our published price list and the circumsatnces in which these charges will apply are cleaarly set out in out terms and conditions which you will have been provided with a copy when you opened your account. whislt i accept that this letter will not provide the response that you hoped for, i trust i have been able to clarify the banks position, and must inform you that our previous offer of settlement with regard to this matter is now withdrawn. If you are not satisfied with the banks response you should refer your complaint to the financial ombudsman service, as this represent our final response on this matter.

Any recomendations of wording for the mcol?

So should i not bother sending the letter and just MCOL?

Thanks for your response, i have drafted this letter and will send this afternoon, wish me luck... My Address 24th October 2006 HSBC Bank plc ########### Service Quality Team Arlington Business Centre Millshaw Park Lane Leeds, LS11 0PP. Ref: ########### Response to settlement offer. Dear ####### Thank you for your letter dated 23/10/2006 I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £4,339.88 + any further charges I have incurred since the 25th September 2006. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. My letter before action sent previously indicates that you had 14 days to respond before Court action commences. You actually took 30 days to respond. I believe that the targets I set were more than sufficient for a large company such as yours with dedicated staff and departments. I am now expecting a response within 7 days of this letter (31st October 2006) before court action commences. I trust this clarifies my position. Yours faithfully ########

Hi, Great website with some really good advice. I am in the process of claiming back my bank charges, in total over 6 years i am claiming £3700 + interest which brings it up to £4300. I have had a response from HSBC this morning offering me £2000 it states in the letter "HSBC is, however mindful of the managment time and irrecoverable legal costs that it may incur in realtion to such a claim, for those commercial reasons alomne, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £2000.00 representing the charges applied in full and final settlement of this matter." Should i accept?, or fight it all the way..

Hi, Great website with some really good advice. I am in the process of claiming back my bank charges, in total over 6 years i am claiming £3700 + interest which brings it up to £4300. I have had a response from HSBC this morning offering me £2000 it states in the letter "HSBC is, however mindful of the managment time and irrecoverable legal costs that it may incur in realtion to such a claim, for those commercial reasons alomne, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £2000.00 representing the charges applied in full and final settlement of this matter." Should i accept?, or fight it all the way..