jazzyb v's HSBC

[jazzyb]

Hi, does anyone have the correct address to send my first letter to?

Thanks

[Irina]

it depends on which one you want to send,

This adress is to stop them to pass your info to credit agaency

for the Notice pursuant to s.10 of The Data Protection Act 1998.

Data Controller

HSBC Bank PLC

8 Canada Square

London

E145HQ

If you want to send a request for your statements with Data Protection Act 1998 subject access request that will be your bank branch. I found templates off all letters in the library. If you have a problem to find them I can send you the copy.

Good luck

 

 

 

 

[jazzyb]

Hi Irina,

 

Thanks for your help!

[phoenixx9000]

If you've got internet banking with HSBC look on there. It should contain your last 6 years statements. I got mine that way, save youself a tenner

[jazzyb]

Cheers pheonixx, have done that, looks like they owe me just under £1400. I'll be sending my Prelim letter out tomorrow. I'm gonna send it to

Phil Beaumont

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

Ls11 Opp

Do you know if this is the right contact and address

Thanks for your help

[maverik1979]

yep that will do fine, dont forget to send a breakdown of your charges with your preliminary aswell, saves hassle later on

[jazzyb]

nice one mav! i'll let you know how i go on:D

[jazzyb]

Sent my perlim letter and charges schedule yesterday recorded delivery asking for £1400, will let you all know how i gone on, FINGERS CROSSED!

[maverik1979]

Sent my perlim letter and charges schedule yesterday recorded delivery asking for £1400, will let you all know how i gone on, FINGERS CROSSED!

 

ok thats fine, btw keep checking up on the forum next week, in the general section aswell, there may be some developments in trying to reclaim your bank charges, watch this space

[jazzyb]

don't know if any one can help but basicaly before i got the ball rolling with claiming back my charges my wife spoke to the bank and asked them to stop the charges because it was taken us over our overdraft limit every month and so we got charges every month, they of course said no but what they advised my wife to do was to take a loan out to pay off our overdraft and because we were not aware of this website at the time my wife saw it as a quick fix and agreed to take out the loan. Does anyone know if this is bad practise by the bank considering that the reason we were going repeatedly over drawn was because of the unlawful charges and now they are making more profit from us because of the loan we took out.

If anyone has any thoughts i would be very intersted to hear them.

Thanks.

PS. I'm also concerned now that the money we get back from the charges will be used to pay off the loan!

[maverik1979]

i phoned my bank on many occasions, asking to stop the charges , as it was causing me financial misery, they insisted the best thing and only thing they could do was to give me a managed loan, thankfully i told them no thanks, and worked my way out of the o/d nightmare, so if there is a penalty clause for paying back your loan early it may be a problem,

 

however as has been proved by someone recently, you need to specifically request the payment method when you win, (i.e. cheque) otherwise they will dump it in your account, or offset any managed loans with it

[Bean]

Hi jazzyb,

 

View:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/5584-janeyb-lloyds-massive-settlement.html?highlight=janeyb

 

It could be useful to you;) .

[Bean]

jazzyb, you have permission to use this superb letter by our friend Spiceskull (Moderator):

 

"Dear Sir/Madam,

 

I find myself in the position that your actions require my intervention for the [HOWEVER MANY] time in the space of a few days. I am seriously reconsidering my view that [bANK] has the capacity to act as my fiduciary in a responsible and lawful manner, as implied by the terms and conditions between both parties.

 

[WHENEVER] I received a statement from [bANK], stating their intent to unlawfully apply penalty charges to my account on [DATE]. These charges are to the sum of £XX.

 

As you are aware, I have asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

 

Therefore, I would draw your attention to the following point: you have stated that these charges will be applied on [DATE]. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities.

 

However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.

 

I shall be checking my account on [DATE], and if I see that the penalty charges have been unlawfully applied to my account, I shall lodge a claim at the county court to recover these charges, plus my costs and interest calculated at 8% APR, without hesitation. Furthermore, I shall require that you confirm whether these unlawful charges have resulted in a default notice against my record with credit reference agencies, and if so, I will seek appropriate action to have this notice removed.

 

In view of my first paragraph, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I will start to consider a course of action whereby I may seek redress for all the inconvenience you have caused me."

 

I think it could be of use to you. If you still have problems, let me know,

[jazzyb]

Hi Bean

First off, thanks for having a look at my situation and sorry for taken so long to come back to you. I've looked at the letter you have posted from Spiceskull and i am presuming that the part about the intervention is where my complaint will lie,( i had to take a loan out to solve the problem of me going overdrawn which is happening because they keep charging us unlawfully). Am i on the right track with this or am i misinterpreting the letter:?

Thanks

[Bean]

don't know if any one can help but basicaly before i got the ball rolling with claiming back my charges my wife spoke to the bank and asked them to stop the charges because it was taken us over our overdraft limit every month and so we got charges every month, they of course said no...

 

Hi jazzyb,

 

Perhaps I misinterpreted - I think you were asking for help on recovering the loan costs, not on stopping the charges. The link to janeyb's thread was to show you how you might recover loan costs, and the letter was to tackle ongoing charges if you are still getting them.

 

If appropriate to your current situation, the letter is for you to send to your branch to discourage them from continuing to charge you. If all the charges have stopped because you took out the loan then the letter is not appropriate.

 

If the loan was purely to address the effects of bank penalty charges, you will need proof of this. First add up charges (and interest on charges) by the date you signed for the loan. You will get the figures from your spreadsheet of charges if you have compiled it, or simply from the bank's reply to your Data Protection Act Subject Access Request. If the charges and interest on charges were bigger than the loan sum at the date of signing, you have clear proof that the loan was taken to meet them and their cumulative effects. You should then consider adding to your PRP letter and LBA a note about them pushing you to take the loan, and that you will (at least) add all costs of the loan to your claim.

 

Clearly, levying unlawful charges then offering you a loan to get you out of the hole they created is less than fair. It is for you to decide where and when you tackle it, but personally, I would make a claim to recover my charges and associated (i.e. loan) costs, and when that was settled I would discuss the whole issue with the Financial Ombudsman Service (watch out for the 6 month period to notify the FOS)

 

As a recap, follow the step by step process, and if you can substantiate them I suggest you include loan costs in your Preliminary Request for Payment letter, Letter Before Action, and your County Court claim.

 

Hope this helps.

[jazzyb]

Hi Bean, my intiall thoughts in regards to the loan was whether i was able to report the bank for bad practise, and from the information you have given me i am now aware that this is a possibility and more importantly that i can get some of the loan back. I have already sent my perlim letter out but will do some more sums as you have said and if it works out in my favour i will send out a new charges schedule with my LBA Letter.

I'll let you know how i go on.

Thanks again:D

[stokeybird]

ok thats fine, btw keep checking up on the forum next week, in the general section aswell, there may be some developments in trying to reclaim your bank charges, watch this space

 

I hope its something good I only posted my 1st letter on the 31 June

[Bean]

...my intiall thoughts in regards to the loan was whether i was able to report the bank for bad practise, and from the information you have given me i am now aware that this is a possibility and more importantly that i can get some of the loan back...will send out a new charges schedule with my LBA Letter.

 

Don't be distracted from your step-by-step process, but why not also contact the Financial Ombudsman Service consumer helpline on 0845-080-1800, or at: our complaints procedure and how to complain

to see what they have to say generally about the way you have been treated?

 

You could try sending a Private Message to 'janeyb' to ask about her Particulars of Claim, or even obtain a copy / other advice. Clearly, the bank paid her the sum they had taken in charges, plus interest, plus the whole of the loan sum (not just loan set-up and interest costs). This suggests they felt less than confident (to the tune of £10,000!) about the basis on which the loan was 'sold'. You may find janeyb empathises with your position as it is apparently similar to her own. Who knows, with a bit of research, you may be able to do as janeyb did?!

 

Good luck,

[jazzyb]

Well its been 14 days and i have had no response from my perlim letter (quelle supris!) so have posted my LBA letter recorded delivery today and we shall wait and see what happens:rolleyes:

[margi c d]

I took out a managed loan to pay off my overdraft etc with bank, what is the likelyhood of the bank requesting me to settle my managed loan in full if they refund me my charges, and also has anyone had their account closed down because they have claimed their charges back?

Im just a bit concerned

 

Thanks, Margi

[jazzyb]

Hi Margi, from what i'vr read from other threads it is a possibility that they will pay off your managed loan with the money you get back, but i have been told that when paying back the charges the bank will ask how you want the money to be paid, so you could specify that you want a cheque. As for them closing your account down, that also has happened but it seems only to people who have put a second claim in after receiving the money from the first claim. It might be an idea to open another account ready just in case.

Hope this helps

[jazzyb]

Got an offer today of £1260 out of £1400, it's a tempting offer but am gonna take a day to mull it over. I f i decide not to accept the offer do i make a claim straight away at moneyclaim or do i still leave it 14 days from when my LBA letter was sent which was yesterday.

[Bean]

Got an offer today of £1260 out of £1400, it's a tempting offer but am gonna take a day to mull it over. I f i decide not to accept the offer do i make a claim straight away at moneyclaim or do i still leave it 14 days from when my LBA letter was sent which was yesterday.

 

An offer - that's progress.

 

All the decisions you make with your claim are entirely your own choice. Either your £1400 is accurate or it's not. If it is accurate, ask yourself - "If I lost £140 would I look for it till I found it or just say 'oh I'm loaded enough already', shrug it off, and not bother?"

 

I would recommend waiting the 14 days stated in your letter. I believe that no-one should control the progress of your claim but you. If the bank does something that causes you to change your intended timing, they are calling the shots. More importantly, by giving them at least 28 days, it is generally accepted on this site that a court should not see this timeframe as unreasonable. Any less than 28 days and you risk a court questioning why you were so hasty, and potentially jeopardise your claim.

[jazzyb]

From reading more threads am i right in thinking that if i want the full amount claimed i right to them saying that i accept the offer as partial payment and not full settlement and will pursue for the outstanding as set out in my letter dated (LBA letter), and stick to the original timetable

[jazzyb]

Hi Bean, your so right. £140 is an amount that i can't afford to throw away. I have already posted this question but do i need to right a letter to say that i accept the offer as partial payment and will pursue for the outstanding amount as set out in my LBA letter.