Wickerman (Business A/c) vs HSBC ** WON **

[Wickerman]

Have received back today an acknowledgement from HSBC confirming they've received my DPA letter and that the statements/information will be on its way shortly. Cheque also returned.

 

This is a claim for refund of charges applied to my sole trader business account. Will update as and when further letters are received or sent.

[HSBCrusher]

Welcome wickerman!

 

All the best with your claim, keep us posted!

 

Crusher

[Wickerman]

It seems Ian Shepherd is officially a bufoon. After receiving my DPA with business account number clearly noticeable in bold, he's decided to ignore that and take the account number from my First Direct cheque I used to pay the £10 fee, and send through the list of charges from this account.

 

So, despite having already claimed my charges back from First Direct, I've started to receive daily deliveries of 20 or so statements from them.

 

Clown.

 

Letter on it's way back.

[007coot]

I'm laughing so much that I could soon need surgery to restitch my sides:lol: :lol:

Ian Shepherd certainly is a buffoon.

 

Your post has just confirmed that they DO NOT read lettters! I've mentioned on my thread http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15944-its-arrived.html that I sent of a request for repayment of charges and the Big buffoon sent me back a letter thanking me for requesting information of charges, a duplicate of a letter I received last month. They have also sent me THREE lots of statements dating back 6 years. My poor post lady now has a bad back and there is a huge dent in my floor beneath the letterbox. They had to send a seperate recycling lorry to my house yesterday to collect all the envelopes:rolleyes:

 

Good Luck with your claim:-)

[HSBCrusher]

It seems Ian Shepherd is officially a bufoon. After receiving my Data Protection Act with business account number clearly noticeable in bold, he's decided to ignore that and take the account number from my First Direct cheque I used to pay the £10 fee, and send through the list of charges from this account.

 

So, despite having already claimed my charges back from First Direct, I've started to receive daily deliveries of 20 or so statements from them.

 

Clown.

.

 

very funny!

 

[dovey]

Help which template letter do i use to request my list of charges for the last six years its a business account !!!

[Wickerman]

I just used the standard Data Protection Act template and threw in the word "business" before any reference to the word "account".

 

.....though if Ian Shepherd gets hold if your letter, it doesn't really matter what you put, as the whole process becomes a lottery of sorts as to what you get back!

[Wickerman]

Give me strength. In the earlier post, I decided to begin the DPA process again, using our Head of Entertainment, Ian Shepherd as a point of contact.

 

Today, 40 days has passed since he received, and signed for, the DPA. No contact or statements have arrived. Just finished my LBA threatening court action to enforce compliance. They have 7 days, so we'll see what comes back!

[HSBCrusher]

, using our Head of Entertainment, Ian Shepherd !

 

lol!

[Wickerman]

Received a letter dated 25th August from a new contact saying that they're looking into this matter. I've received nothnig since.

 

What I'm basically asking here is - am I being too reasonable with this lot? They've now had 2 x SARs, neither of which have been fulfilled. I suppose I've just answered my own question there, but of all my cases, this one's making me feel a bit deflated to be honest, and I just need a bit of moral support.

[Wickerman]

Just phoned my wife at home, and HSBC have written to me saying that they acknowledge that they sent out the incorrct statements and that the correct ones will be with me in 7-10 days. That's cheered me up a bit.

[HSBCrusher]

Heavens above!

 

what poor service.

 

(you have been a lot more patient than I would have been!)

 

hopefully things will progress more smoothly now.

 

[Wickerman]

Another funny thing happened today. I sell records and cds on eBay and today received payment for an item by bank transfer. The address the lady would like the record sending to is........HSBC in Canada Square!!

 

Now do I enclose the packing slip with the big CAG advert as per normal? I rather think so!! Small world isnt it?

[HSBCrusher]

uncanny.

 

what record did they buy?

 

Ma Baker?

Fun Lovin Criminals?

Money for nothing?

[Wickerman]

Have finally received my statements from Ian Shepherd (I don't actually think he really exists. Just a name given out to all claiming charges so they can route the mail internally accordingly - discuss?).

 

Spent a couple of hours seperating the "legitimate" business bank account charges from the unlawful penalties, and my preliminary approach will go out tomorrow (I'm also claiming contractual interest of 25.08%). Comes to about £900 in total.

[natz]

Hi Wickerman,

 

I am also claiming for refund of charges applied to my sole trader business account with HSBC. I have received my copy statements and have calculated all the charges . And I will be sending a prelim letter requesting the refund (after I figure out which preliminary letter to use). Do I use the preliminary letter for personal accounts from the library? Or are there another preliminary letter specifically for business accounts? Another question if you don't mind me asking, do you calculate and put the contractual interest of 25.08% in you preliminary letter?

 

Many thanks in advance. Any advice and assistance will be greatly appreciated.

 

Best regards,

Natz

[Wickerman]

Hi natz

 

I used the standard preliminary letter but changed the "What I Require" paragraph to read as follows (picked this out of another thread:

 

I calculate that you have applied £***.** in levies and further, I also claim interest at a rate of 25.08% as set out in the attached list of charges. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Standard Debit Interest Rate that would be applied under the terms of the above mentioned account. Therefore the total amount owed as of today’s date is £***.**.

 

With regard the schedule of charges which I attached, I picked that up from the template library and adjusted the interest rate accordingly. The spreadsheet then worked it all out for me. I pulled their interest rate from the HSBC website.

 

Good luck with your claim, and keep me posted as to your progress.

[HSBCrusher]

All the best for you both....

 

I await with baited breath!

[natz]

Many thanks Wickerman, I will be posting the prelim letter tomorrow. I shall keep you posted on my progress.

 

Best of luck to you too.

 

Best regards,

Natz

[natz]

Hi Wickerman,

 

How is your progress with the HSBC business account? I am in a very confusing situation at the moment and was hoping that you could assist.

 

I received two letters from HSBC re my business account, asking me to repay the overdraft. First letter was for me to pay in 7 days (which I ignored) and the second letter which I received this morning demanding me to pay within 10 days. They have the nerve to demand me to pay in full when they have not even reply to my second prelim letter .At this stage the total unauthorised OD is £955.71, all due to their charges. And I am now reclaiming £1063.64 plus interest.

 

First prelim they replied and asked me to give them up to 4 weeks to investigate the matter. Within that time I was charged another 2x. I sent the second prelim letter on the 13/11 with a new schedule which have the new charges (giving them another 2 weeks before LBA). The second prelim with the new charges will end on 28/11.

 

The question are:

1. Are they allowed to demand payment from me for the OD in full while I am reclaiming my charges from them? (Mind you , over the years they did not say anything until I sent my first prelim).

 

2. How do I write the LBA to include the letters which they have sent me demanding me to to pay in full for the OD, include the new charges and remind them that I am still making a claim over unfair charges?

 

I would like to thank you in advance for your kind assistance.

 

Best regards,

Natz

[Wickerman]

Hi Natz

 

Please accept my apology for the delay in responding. Been laid up ill for a while (not bank charge stress related I might add!!).

 

You certainly seem to be being treated in the same way I am. I receved a letter (2 months after the prelim landed in their in-tray) saying they need 4 weeks. I was in no rush, as the interest went up. 4 weeks is up today, so I'm filing on Moneyclaim when I've finished this reply.

 

I would think that the bank can ask for you to repay the overdraft, simply because your claim for that money back has yet, in their "legal" eyes, to be deemed unlawful. That's looking at it from a purely black and white aspect, and of course that's just my view. It's not necessarily correct. Someone may want to add something to that??? Would it be possible to say that the amount is in dispute? In the way charges from say a DC might be tackled?

 

With regard your LBA, I'd simply mention that the amount has risen to £** due to further unlawful fees having been charged. I'd put copies of their letters in with it, possibly saying that the whole amount is in dispute and that you will go to court to reclaim them. In other words, stick to your guns and don't deviate from the route to your goal.

 

Once you go to the court route, any further charges will need seperate claims as I see it, but they'd probably pay up with a phone call.

 

Hope this helps, and let me know if you need any more support or help. Good luck!!

 

Chris

[natz]

Hi Wickerman,

 

Many thanks for your reply. I received a reply from HSBC for my letter dated 29/11. They were asking me to write to them again with a specific breakdown detailing the amount, dates and specific charges types in question, then they will consider my request for the refund.

 

I have sent them a total of 3 letters including LBA. All the letters were sent with the schedule of charges. It looks like they are just trying to buy more time for themselves. I am not sure of how to reply to them but one thing for sure I will include in my reply that I am very aware of what they are trying to do.

 

 

What is the status of your claim?

I really do hope that you will have a smoother claim than I.

 

Best regards,

Natz

[Wickerman]

I would certainly send them the letters they requested, but remind them of your timetable which you are sticking to.

 

I still haven't heard from them, well over a month since they asked for 4 weeks extra consideration. Seems you're right about the buying time thing. So I've raised a claim on Moneyclaim, which they've already acknowledged.

 

I'll keep you updated as to any progress. Hope they get their skates on and pay up though. Fancy a new telly in the January sales!

[HSBCrusher]

Oh yes, they will string it out if at all possible. Best to get the claim in, which you have done.

 

Chosen your telly?

[Wickerman]

Well, today I've received a letter from DG Solicitors telling me that the claim for charges, interest etc were rejected. They would, however, make an ex gratia payment which, as luck would have it, just happens to be for the amount I'm claiming. Who'd have thought it!!

 

The new telly's out the window for now though. Not in a drug crazed rock star kind of way. My wife gave birth to our 2nd daughter a week ago, so the £900 will soon be swallowed up. It's certainly come at the right time!

 

Thanks to you all.