confusing letter

[belkin]

I sent the first letter to my HSBC asking for my last 6 years of statements. they sent me back a letter advising the bank is now involved with the office of fair trading in relation to bank charges.

They have then printed off all my overdraft charges and other related charges.

 

Do i continue with the 2nd letter asking for my charges back?

Do i included both lots of charges?

 

Thanks

[jowalshy]

What you need to do is input your charges into one of the spreadsheets from the bank template library, I will post a link to it at the bottom of this reply. Please do not delete any of the example charges that are on these templates as this deletes the formulas for calculating the interest claimable at court stage. Just input your figures over the top of the ones there and once you have finished then delete the ones that are not yours. You will need to use the description that HSBC have used eg Total charges, Arrangement fees, Recall DD, recall SO.

 

Yes there is a test case which is due to start in January with OFT (Office of Fair TRading) and yes your claim will probably get stayed if you file a claim with the court. All HSBC are doping at the moment is putting a halt on all claims for charges until the outcome of this test case. But if you are experiencing extreme financial difficulties and can prove this or they have been taking money from benefits there maybe a way to lift this stay.

 

Here is the link to the bank tamplate library. Once you have done this, come back and someone can advise you of the next step.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[Rayne]

If it were me though, and I'm hopelessly paranoid about these things, I wouldn't trust the banks version of just the overdraft charges. If I ask for something I expect to receive it (which is usually my line to the other half, but thats another story), and in this case, in MY opinion you haven't received what you asked for.

 

AGain if it were me, I would write back informing them that they have yet to supply what you asked for, reminding them of the timescale they have in which to fulfil a SAR.

[jowalshy]

I agree with Rayne. Is there any chance you can access the info via online banking? If the account is still open and you haven't registered for online banking, go to their website Home: personal, business, online, internet, banking: HSBC Bank UK and register. You will thenbe given a IB number and will be able to access six years worth of statements that way.

[Rayne]

I agree with Rayne.

 

:o

 

BTW, I also echo what JW said in the first response. Even with what they have sent you you can still start working on the spreadsheet, just save it when done and make any alterations when the info you requested finally turns up

[belkin]

Ok, thanks for all your advise.

 

I can access all the statements on line so ill print them off and check them to what they sent me.

 

Ill keep you posted on my progress.

 

Thanks again.

[jowalshy]

In order to see what the charges desription is, you will need to click on the actual charge. This will then open another window and tell you what the charge is.

[belkin]

Hi there

 

I havent had a chance to check the forum lately and wondered what the latest was in refernce to the test case. I havent received a letter from the bank since end October, when they confirmed receipt of my charges summary.

Do i need to do anything else yet?

 

Thanks for your help in advance.

[jowalshy]

The judge has listened to all and sundry (eg banks & OFT) and is currently mulling over things. Hopefully we should hear something in the next couple of months.

 

Have you actually filed a court claim?

[belkin]

Not yet. Ive sent the bank a summary of all my charges but not gone any further.

 

Should i file a court claim?

[jowalshy]

So you have just done the preliminary letter?

 

If your charges are going back six years, in order to not lose the earlier ones, you could carry on with the procedure by sending the bank the "letter before action" and then file a claim with the couts.

 

Letter before action template is here:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Again enclose an up to date schedule of charges (include any that you have incurred since the last schedule you sent)

 

This letter tells the bank they have 14 days in which to give your money back otherwise you will file a claim through the courts.

 

What will probably happen next is that you will not receive anything from HSBC (or receive a letter informing you of the test case balh...blah...blah)

 

then on the 15th day after sending the LBA, file a claim through the courts.

[belkin]

ok, thanks. Ill do that tonight.

 

Thanks for your help. Ill keep you posted on the outcome.

[belkin]

Hi there,

 

I sent off my LBA last Thursday and received a letter back from the bank today saying

"as previously explained, we have recorded your complaint and once the legal proceedings between the office of fair trade (OFT) and the banks are completed, we will resolve your complaint as quickly as possible.

 

We apologise for not being able to provide you with a full response now, but we will make syre that you are provided with appropriate up-dates about the proceedings with the OFT. blah blah blah"

 

I will proceed down 'taking them to court' road but should i write a letter prior to sending my N1 form saying i am prepared to discuss a settlement out of court?

Has anyone else gone down this road and has anyone won since this OFT thing has been going on?

 

Help and advise please.

 

Thanks

[citizenB]

subscribing x

[johnnymitch]

Hi Belkin,

Your LBA (letter before action ) is exactly what it says - "either come back in 14 days with an acceptable response or I will take you to court".

 

IMHO another letter asking for an agreement out of court will only allow them to prevaricate and waffle further. Were I you (and I was -twice) I would follow through now with your court action - it will get you into the 'system' /queue when the stays are lifted.

 

As for your other query , I cannot say I've heard of anyone recently bring paid out - unless it was for something not relevant to the test case.

 

PS I've just noticed jo's earlier advice ...... it's good - go with it!

[belkin]

Hi Thanks for your help, I am a bit confused by what you are saying though, has literally no one been paid out since they started the OFT case? If so what is the likely outcome once I send in my N1 form, surely lots of people will have been in this position if no one is being paid?

 

Also, I have had the above letter telling me about the OFT case blah blah, so am preparing my court bundle to send when the 14 days is up, I have been corresponding with my branch so far, and have just printed the branch address on my N1 form, should I change this to the head office address (if so, which one? there are several) or does it not really matter?

 

Thanks in advance

[johnnymitch]

The N1 form will get the court action started and it will take it's course . As I said earlier ,it'll get you into the court system - up to the stage where it becomes a 'stayed claim' - (unless the judgement has been handed down before you get to that stage, which I doubt).

 

You will then be in the queue along with all the rest who are waiting for the stays to be lifted.

 

As for the address, belkin, I don't think it makes much difference - it's the company (HSBC ) that's the important bit.

 

Just follow the procedures and then sit back and wait............

[belkin]

Hey Everyone,

 

I recieved another letter today from the court.

 

The defendant filed an acknowledgment of service

 

The defendant responded to the claim indicating an intention to defend all of the claim.

 

The defendant has 28 days from the date of service of the claim form with paticulars of claim, to file a defence.

 

The acknowledgement was filed by blah blah blah

 

So, am I going to court? or can I expect a letter saying about the "stayed claim" I was hoping it wouldnt quite take me to court but guess I am pshycing myself up now!

 

Saw that a judgement is due tomorrow, do you think I will know more then?

 

Thanks for your help!

[belkin]

Bump

[johnnymitch]

This is usual formal bumph from the court. It means that HSBC have 28 days to produce a defence which they may or may not do.

 

The main point is that your claim is in the system........ it'll probably get stayed if the judgement is not accepted by whoever loses the test case . It'll probably go to appeal , but we won't know for certain till after tomorrow .

 

Just a case of wait and see again, I'm afraid - but by the time HSBCs 28 days is up the picture should be clearer.

 

While you're waiting - a bit of light reading for you :

 

http://www.guardian.co.uk/money/2008/apr/21/bankcharges.banks?gusrc=rss&feed=money

Cheers

johnny

[Castlebest]

Just a quick point, the 28 days is calendar days not working days and runs from the "deemed served" date which is noted on the first acknowledgment of claim you got from the court

 

pete

[belkin]

I have now received from the court a notice that a defence has been filed letter along with an allcation questionaire. It gives me a date to complete the form by and I have to send off another payment with this questionaire. Im getting slightly worried now that i am going to have to go to court. PLease help!

[Michael Browne]

See here for AQ guide (either N149 or N150):

Allocation Questionnaire - Consumer Wiki

[johnnymitch]

You can claim the AQ fees back along with the 8% interest and court fees belkin - as for going to court, I suspect that your case will be stayed along with the rest, then settled along with the thousands who are waiting in the wings to see what the court / OFT direction will ultimately be.........

[belkin]

Thanks for your help, ill keep you updated with my progress