HSBC Bank - Overdraft Charges

[pigsic]

Hi there all

have received update from HSBC BANK

 

Dear Mr **********

 

Thank you for your letter dated 8 March 2009 concerning the charges applied to your account. i have now fully investigated the matters you raised.

 

I acknowledge your comments regarding the ongoing court case. However, when a customer has a dispute with the bank this does not mean that they are released from their contractual obligations. We expect to see the account serviced in accordance with our standard Terms and Conditions.

 

There will be no suspension of recovery action and we will pursue our standard procedures.

 

I would strongly advice you to contact the bank on 0845 6006423 to discuss repayment of the outstanding debt and the possibility of freezing charges and interest.

 

If you have any queries or would like any further information, please contact me on 0845 6006423 quoting ref ***********.

 

I trust that the matters have now been resolved to your satiffaction. If this is not the case, you can escalate your concerns by writing to the senior manager of our service quality team at the following address:

 

THE SENIOR MANAGER

SERVICES QUALITY TEAM

HSBC BANK PLC

ARLINGTON BUSINESS CENTRE

MILLSHAW PARK LANE

LEEDS

LS11 0PP

thank you for taking the time to bring your concerns to our attention. I am only sorry it was necesary for you to do so.

 

Yours sincerely

 

************

Services improvement officer

 

SHOULD WE OFFER TO PAY A POUND A MONTH UNTIL THE CASE HAS BEEN RESOLVED.

 

Lisa

Does anyone one have any help with this letter please!!!!!!!!!!!!!!!!!!

[citizenB]

Lisa, can I just clarify something. Are the overdraft charges more than the original amount owed by your father ?

[pigsic]

Lisa, can I just clarify something. Are the overdraft charges more than the original amount owed by your father ?

 

 

Hi there

 

Yes his charges are £925 and 8% interest is £368.11 and he owes the £309. so they owe him more.

 

thanks Lisa

[citizenB]

Have you submitted your claim form for the charges ?, if so, what stage are you at ?.

 

If this were me, I would not respond to the letter at all. If they were to start proceedings against your father for the balance on the account, you could just counterclaim and they would have their claim stayed pending the outcome of the OFT v Banks case.

 

If you really feel the need to respond, then just point out the facts.. there are charges on the account and until they are repaid you are unable to discuss the matter further.

[johnnymitch]

Lisa , one last effort .......... get your claim lodged at court, gathering interest , - you can't claim the interest until it's in court .

 

Then you can sit back and relax - they won't take you to court because your claim is bigger than theirs .......... and they will get a Notice from the court telling them you've lodged the claim - they will have to apply to 'stay ' it .......and you just let it accrue interest until payday .....

 

...and you can always come back and ask if they hassle you any further .... you'll be dealing from an incredibly strong position ......

[pigsic]

hi all

Was just wondering if any one knows how long it takes before u hear something back from the courts regarding bank charges claim and can they refuse it

lisa

[johnnymitch]

Hi lisa ,

 

Have you got your claim into court ? Well done if you have ..... it will sit and gather interest until pay-out day - which may not be too far away now, we hope .

 

The banks appeal to the House of Lords has to be lodged by 15 april - and it is hoped the lords will make a final decision before the summer recess - it is most unlikely that the lords will overturn the decision of 4 judges ... but we'll have to be patient for a wee while longer - at 8% interest ......

 

CB sends her regards .......

[pigsic]

Hi

Yes dad filed it to the court but they did not give us any proof dad asked if he gets a copy and she said we will post it to you but we dont have anything to say we did it

[johnnymitch]

You should have a Claim No. lisa , and you should also get notification that the bank will defend / and eventually that they have applied for the case to be 'Stayed' , along with all the others ......

 

When did you lodge your claim ....?

[pigsic]

Hi there I only managed to get it in on monday as i have benn busy but they dad said he asked lady if he get a copy she said will send you something in post so at this moment we have no proof we logs a claim i am not sure if this is what normally happens

lisa

[citizenB]

You should have got a receipt at the very least, Lisa. You wont be able to do anything now, but do check on Tuesday.

[johnnymitch]

CB is right , lisa - you should have got a receipt of some kind , but there has to be a Claim No. somewhere in the pipeline .......

 

They'll probably be closed till Wed now , but check as soon as you can - come back if you have a problem .....

[pigsic]

Hi all

 

Today dad got a letter from the court to saw that they thing for the charges will be issued to hsbc bank on the 14 april and they have until 28 april to reply but today he got a letter from metropolitan collection services with date on top of letter 13 april

 

dear mr xxxxxxxxx

we have been instructed by our client to recover the outstanding balance ont he above account

 

we now formally demand immediate payment of £304.96 9they owe dad £1360 charges and interest)

 

you may make payment

by returning this letter together with you cheque postal order or cash to the above address

or

by telephoning our helpdesk

or online

failure to do so within 7 days could result in further costs being incurred and your account referred to debt collection agent who may call on you for collect payment.

 

should i just ignore or should i tell them the account is inthe hands of the court

lisa

[johnnymitch]

Hi Lisa , - don't worry , you're fireproof now your claim is at court .

 

They Cannot enforce stayed claims

They are wrong to chase the overdrawn balances of the accounts that are the subject of stayed claims; they have no legal right to do this.

The only way anyone can enforce a debt is following a magistrates or a county court judgment and even the bank realise they would get nowhere in court with an account that has a stayed claim with it.

So tell them where to get off .

Time to bring up the big guns (courtesy of Pete Castlebest) and send them the letter on his link :

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html#post1311983

Amend it to suit yourself , but it seems to fit your circumstances fairly well ............ don't take any nonsense off them now - you've got the whip hand , Lisa .........

Edited April 17, 2009 by johnnymitch
Tidying up........

[pigsic]

Thanlk you will take a look at this

lisa

[citizenB]

Nice link JM.

[johnnymitch]

Just a thought that , as it's not 'Stayed ' yet , but will no doubt be soon you could adjust the letter to say:

 

"my Claim No. xxxx is in xxxx County Court , which you were notified of on 14 April and which you will no doubt be asking for the court to stay ".

 

Then go on with the other bit about stayed claims and debt colllectors .........

[Castlebest]

The stay makes no difference, the account is now the subject of ongoing judicial proceedings. thats about as in dispute as you can get .

 

HSBC should not have passed your account to Metro (although Metro are actually HSBC ) and Metro should not be chasing the debt until the dispute is resolved.

 

pete

[pigsic]

Hi all i have an update

It turns my stomach cos i dont understand a thing. Dad got a letter today from the courts and it goes like this

 

General form of judgement or order

 

 

To the Claimant

 

mr XXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXX 15 April 2009

 

Before District Judge xxxxxxx sitting at xXXXXxxxxxx County Court xxxxx xxxxxx xxxxxxx xxxxxxxx xxxxxxx

 

Upon the coourts own motion. The court has made this order of its own intiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

1. The claimed is STAYED pending the outcome ( including any appeal(s) in the test case brought by the office of fair trading in the high court.

 

Dated 15 April 2009

 

Then attached was a Notice that acknowledgement of service has been filed

 

The defendant filed an acknoeledgement of service on 15 April 2009

 

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

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

 

The acknowledgement was filed by the solictors acting for the defendant who have given the following name and addrress for service of documents.

 

The attached to that was a RESPONSE PACK

that the defendants solicitors have fileed in and they have ticked that they intend to defend all of this claim

 

WHAT HAPPENS NOW

LIsa

[pigsic]

ALSO CAN I JUST ASK

 

A couple of days before the above letter dad got a notice of issue and at the bottom there is things to fill in i dont know where dad is suppose to fill it in

 

REQUEST FOR JUDGEMENT

 

* Tick and complete eithe A or B. Remem,ber to sign and date the form. Your signature certifies that the information you have given is correct.

* If the defendant has given an adrress on the form of admission to which correspodence should be sent, which is different from the adrress shown on the claim form, you must tell the court.

* Complete all the judgemnt details at D

 

A. the defendant has not filed an admisiion or defence to my claim or an application to contest the courts jurisdiction.

B. The dendant admits that all the money is owed

I accept the defendants propsal for payment

the defendant has not made any proposal for payment

i do not accept the defeants proposal for payment

 

C. judgemnt detyails#

I would like the defendant to be ordered to pay

immeditaly

by instalemnts

in full

 

DO I FILL THIS IN I AM NOT SURE COS AS I SAY TODAY RECIEVED LETTER TO SAY COURT HAS ODERED A STAYED

 

PLEASE HELP:confused:

Lisa

[citizenB]

Lisa, Panic not.

 

You are the CLAIMANT remember. So you do not have to do anything where it says DEFENDANT.

 

The claim has been stayed which means even though HSBC have indicated that they are going to defend all of the claim, nothing will happen now until the outcome of the OFT v Bank Appeal.

 

However, you are now likely to be one of the first (or at the end of a long queue) for payout when the OFT win

[pigsic]

Hi thank you very much for that does that mean we dont fill an the request for judgements form. And does anyone know what the out come was about bank charges.

lisa

[johnnymitch]

It means you are home and dry at last Lisa ...... Your dad's claim is 'Stayed ' along with about 65,000 others just waiting for the House of Lords to finally rule on the banks liabilty ...... and considering 4 Senior Judges have already thrown the appeal out , I can't see the HOL going against that . I think they gave them leave to appeal just to close the last argument the banks might have. The appeal as I understand it , had to be lodged in the Lord's by 15 April - so hopefully they'll deal with it reasonably quickly .........

 

Anyway , you've done your dad proud Lisa , now just sit back and wait with the rest of us while the interest builds up .

[pigsic]

Hi thanks once again I feel so much better, so I dont fill that request for judgement in i just sit and wait is that correct.

 

Would you suggest i still write ti metropolitan or just ignore there letter cos hsbc bank now know that its filed in court.

 

I bet know that i have done this they will take dad to court for credit card account cos they will think you have done it so will we but they have still not come up with S.A.R still on hold with capquest

Thanks everyone once again I dont know what i would have done without all your help

 

Lisa

[citizenB]

Lisa, I have had second thoughts about whether you need to complete the paperwork you ahve been sent. I have asked someone with more experience to look in on you.