tom a Vs HSBC business account

[tom a]

I have a business account which is still active,overdrawn by £1200,but not being used.

Sent of S.A.R - (Subject Access Request) and waiting for reply.

Just recieved my statement and there's £176 overdraft fee for the month.

What in your opinion is the best way forward with this account.

I am in a DMP with CCCS and they are sending £18 per month towards the overdraft but with the charges it's not even making a dent in the balance.

Thanks for your time.

Tom.

[freakyleaky]

You can claim charges on a business account as the oft case does not have a bearing on business accounts.

You need to get statements for the last 6 years to calculate your charges.

Have a read of the threads in my signature!

 

.

[tom a]

Thanks for that. Will wait for my statements.

I have sent off SAR.

Should I ask HSBC to freeze account because it is in dispute or just let it run and claim back the charges.

Also should I keep paying into it from the DMP?

Regards Tom.

[freakyleaky]

You can ask them to freeze the account but I have not seen many being sucsessful with this in past. As you point out you can let it run and claim the added interest and any other charges.

Yes keep up to date with any arrangement you have or they will hold you in default!

[tom a]

Cheers. Will wait for statements.

[freakyleaky]

No problem. Just shout if you need help!

[tom a]

Recieved statements this morning but have not got a summary of charges.

Been into local branch to ask for copies and they tell me only statements have to be provided.

I can see from my statements all the charges and also on recent account summaries there is an overdraft fee of £176, account fee of £3 and activity charges of 20p.

I am right in thinking I can claim the overdraft fees back?

[freakyleaky]

Yes you can claim the o/d fee but not the account fee or the activity charges.

 

 

.

[tom a]

I have asked for a breakdown of charges to go with my statements but HSBC have refused. They say they do not have to supply copies of these.

Is this correct?

[Castlebest]

No tom its not correct, if someone charges you money for anything you are entitled to know exactly what you are paying for.

 

pete

[freakyleaky]

Not sure on that pete! As the chrges will be on the statements and there is a guide to the charges on the statements (as in a key on the reverse of the statement) I think they are probably fulfilling their obligation.

 

But I stand to be corrected!

[Castlebest]

With business statements they lump the monthly charges together, there could be a mixture of items some claimable and some not, on internet banking you can get a make up of these monthly charges but if you don't have internet banking you need to know as part of your S.A.R - (Subject Access Request) exactly what you have been charged for.

 

(makes a note to submit lump sum invoices to Freaky if I ever do any work for him )

 

pete

[freakyleaky]

 

Oh I see what you mean. See, I said I would wait to be, and now I do, stand corrected!

 

Invoices? I have told you before pete. Strictly cash in hand! I dislike the taxman almost as much as the banks!

[Castlebest]

Freaky I'm a Quantity Surveyor :o we never do anything dodgy

 

pete

[freakyleaky]

I would not have thought you would Pete!

I have left the brown envelope in the usual place by the way! Thanks again for you know what! LOL:D

[tom a]

Looking on internet banking but can't find a breakdown of charges.

[jowalshy]

If you click on the actual charge it should show you a breakdown of the figure. Are the charges figures in red? If not, then I would go back to your bank a demand a breakdown.

[tom a]

No the figures are just in black like all the rest. Tried clicking on the charges but nothing happens.

Looks like it's another visit to the bank.

[tom a]

Been to the bank and they are telling me they don't have to give me a breakdown of charges.

Is this correct?

Do I just claim for all charges?

[freakyleaky]

Unfortunately you cna't claim for all charges on a business account. There are legitimate charges amongst them that they are entitled to charge. I will flag the question up and see if I can get some more information on this for you.

I am sure they should give you a breakdown but I will get confirmation.

[tom a]

Thanks.

[freakyleaky]

As it is a business account have you not already got the statements as part of your accounts?

[Castlebest]

Are you a limited company?... I know when I was a sole practitioner (before Gordon decided he didn't like self employed people, even professionals) I had a so called business account which was actually a personal account

 

So the other way to look at it, if HSBC wont provide a breakdown of the charges is to assume they are all unlawful, claim them and let them prove otherwise .

 

pete

[freakyleaky]

Must admitt that was my thought. I was a bit dubious thouhg as the ammount not reclaimable could be quite high. But that is their own fault for refusing to give a breakdown.

I am just looking at CPR 18! Do you know whether this would be appropriate pete?

 

 

PRELIMINARY REQUEST FOR FURTHER INFORMATION OR CLARIFICATION 1.1 Before making an application to the court for an order under Part 18, the party seeking clarification or information (the first party) should first serve on the party from whom it is sought (the second party) a written request for that clarification or information (a Request) stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.

1.2 A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.

1.3 Requests must be made as far as possible in a single comprehensive document and not piecemeal.

1.4 A Request may be made by letter if the text of the Request is brief and the reply is likely to be brief; otherwise the Request should be made in a separate document.

1.5 If a Request is made in a letter, the letter should, in order to distinguish it from any other that might routinely be written in the course of a case,

(1) state that it contains a Request made under Part 18, and

(2) deal with no matters other than the Request.

1.6 (1) A Request (whether made by letter or in a separate document) must ---

(a) be headed with the name of the court and the title and number of the claim,

(b) in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made,

© set out in a separate numbered paragraph each request for information or clarification,

(d) where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,

(e) state the date by which the first party expects a response to the Request.

(2) (a) A Request which is not in the form of a letter may, if convenient, be prepared in such a way that the response may be given on the same document.

(b) To do this the numbered paragraphs of the Request should appear on the left hand half of each sheet so that the paragraphs of the response may then appear on the right.

© Where a Request is prepared in this form an extra copy should be served for the use of the second party.

1.7 Subject to the provisions of paragraphs 3.1 to 3.3 of the Practice Directionpdp-06to Part 6, a request should be served by e-mail if reasonably practicable.

[Castlebest]

I think in effect Tom has done that and they have said no... so it's on their own heads They should have provided a full breakdown in reply to the SAR let alone the further requests for clarification.

 

pete