TRACYFLYY v HSBC

[Castlebest]

Tracy, have you read Rory's posts on your other thread ?

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/116663-please-can-anyone-help.html

 

They will threaten you and try to extort the money out of you thats what debt collectors do but if you have a legitimate case you can tell them to go fourth and multiply.

 

pete

[jansus]

Have you at any time told the bank they should be dealing with your case on this basis? If so and you think you have been badly treated - can you let me know. I cant help much more than the good advice you have had above but I am trying to get some case summaries for CRFX to send to the FSA.

 

It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through.

 

If you feel that SINCE THE WAIVER you have

1) appealed against a stay on this basis and been refused

 

(Just to clarify, the courts have a right to stay any case but banks should

not apply for a stay in cases of hardship.)

 

2) contacted your bank and asked to be considered on this basis and been refused

3) had been offered a settlement which has now been retracted

 

Then if you would be willing to either pm me or post details here I am trying to help crfx collect data to send to the FSA.

 

Here is a link to the proceedure the banks were supposed to adhere to

 

http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf

 

And also an extract from the website announcement.

• Consumers who have received a final response from the bank/building society which does not include an offer
  Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case.
  
• Consumers who are in very difficult financial circumstances - 'hardship cases'
  Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS.

__________________

 

This is also a useful thread to read Success at A and L via hardship case route

 

 

 

thanks

 

Jan

[Rayne]

Surely if the account is in dispute they CAN'T go for enforcement action?

[Castlebest]

Unfortunately they can do what they want because the FSA waiver doesn't place any restrictions on their continued action

 

pete

[Rayne]

Yeah but I thought that somewhere in that carlisle vs clydesdale case there was something the high court judge said about the bank not being able to go for enforcement action whilst the account, or amount at least, was in dispute?

 

Just found it - point 11 in the Judge's ramblings.

 

As the banks and courts and solicitors etc seem to be happy to quote this particular case, could it not also be argued in our favour for a change?

[Castlebest]

Yes but I dont think tracy has gone to court yet she has more than one thread

 

If not it will be more like Mousy on this thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/58726-mousy-hsbc.html

 

pete

[Bookworm]

4 threads merged. Please stay on one thread per claim, it makes things easier to follow for all. (including castlebest who told us! )

[Castlebest]

(including castlebest who told us! )

 

:o I've been grassed up

[jailbird]

Now who would have thought Castlebest was a 'grasser' you scoundrell off with your head:eek:

[Bookworm]

Now now, it was for a good cause, don't pick on him.

[Castlebest]

yes I've been reading all of tracy's threads and I was getting confused where Tracy was with her claim and who had said what. I'ts better to stick to one thread

 

pete

[jailbird]

What ME pick on my mate...............NEVER !

 

Chris:)

[Rayne]

Pete u little grass!!!

[jansus]

Have You Seen The Announcement Today _ Details Of Cases Like Your Are Needed>

 

 

Jan

[TRACYFLYY]

This weekend I was sent loads of letters by my standing orders and direct debits. I have two accounts with hsbc one for bills and one for normal usage. It was the normal usage one that I was taking to court to claim charges. I found out today that hsbc has closed my other account without informing me and all my family tax pensions everything has gone into this account. What can I do I am now going to get defaults with no fault of my own because hsbc has cancelled them all without informing me and closed my account without informing me.

[Penfold92]

This weekend I was sent loads of letters by my standing orders and direct debits. I have two accounts with hsbc one for bills and one for normal usage. It was the normal usage one that I was taking to court to claim charges. I found out today that hsbc has closed my other account without informing me and all my family tax pensions everything has gone into this account. What can I do I am now going to get defaults with no fault of my own because hsbc has cancelled them all without informing me and closed my account without informing me.

 

Hi Tracy,

 

Firstly, deep breath....then realise that even if companies slap defaults on people for fun, they do not usually do it without some warning...

 

Are you saying that HSBC have closed an accoutn and kept your money in it? If not you should have the funds elsewhere to pay the cancel DD's etc. I recently had a problem with Abbey where for whatever reason they refused to set up any DD's, it has been over a month now and I have sorted the mess out and re set up those DD's without anyone getting upset as I spoke to them straight away to explain.

 

Speak to those concerned and let them know what has happened. Give them alternate account details or post a cheque. Or tell them when you will post a cheque.

 

This should sort the problem out. If I have missed understood then obviously let me know and I will readvise, but from what you wrote this is my understanding of what has happened.

 

Penfold

[ukaviator]

Threads merged

[TRACYFLYY]

Hi I don't know why a history of all my threads have been put together it wasn't me. I have all my money in the account.

[Castlebest]

Does the account have an overdrawn balance? or did it have money in it when they closed it?

 

If it had money in it I can only think they have set this off against your overdrawn account (transfered the balance)... you said some time ago you had opened an Alliance & Leicester account can you get your benefits and payments moved to this account?

 

pete

[jowalshy]

I think that it was because you had a few threads going and it was possibly confusing the people trying to help you. don't panic it wasn't you, it was the magical merging of UK.

[TRACYFLYY]

yes it looks like that doesn't it. I had two accounts and one is still overdrawn they asked me to pay 50 pound a month to them and I agreed but then they closed my pther account and took my money and cancelled direct debits BUT!!! we come to some kind of agreement, every month. How can they do this? These are benefits surely it is not right. Thanks for your replies.

[TRACYFLYY]

I am taking them to court so it should be illegal. There is a court case going off it shouldn't effect the other account. They could have at least informed me.

[jowalshy]

I have had a quick look at their terms and conditions and it states:

 

12.4 If we wish to close your account, we will give you at least 30 day's notice in writing unless there are circumstances which justify us in closing the account on earlier notice. We will repay any credit balance to you. You should also return any cards we have issued to you on the account having cut them into at least six pieces and any unused cheques.

[jowalshy]

It also states (under miscellaneous)

 

6.1 If any accounts you hold with us are in credit, we may use any of them to reduce or repay any amounts you owe on other accounts you hold with us anywhere in the same name (including card accounts and any joint accounts) whether or not those accounts are in the same currency. If we decide to do so:

* we will tell you why and when it has been done; and

* in doing so, we may (and you irrevocably authorise us to):

- bring an end any fixed deposit period applying to any of the accounts you hold with us and adjust any interest payable by the bank;

- convert to sterling at the prevailing market rate of exchange any balance that is in a currency other than sterling;

and in doing so we will have no liablity to you.

 

Nothing in this clause will prevent us from exercising at any time any other right of set-off or of combination of accounts to reduce or repay any amounts you owe us.

[freakyleaky]

Hi I don't know why a history of all my threads have been put together it wasn't me. I have all my money in the account.

Guilty your honour!

I just wanted all the info in one place tracy! Much easier to follow!