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fatboydukey

HSBC - 2nd claim for charges

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Hi all

 

God Ive got a bee in my bonnet today! 3rd new thread I have posted this morning!!

 

I havent used my hsbc account since Jan this year as for the year after I claimed my last charges they charged me an additional £1100 in bank charges!

 

I swapped over to the parachute account I opened at the time of the first claim as I had asked hsbc to either cap my account at zero i.e. dont let me go overdrawn or give me an overdraft - both were rejected.

 

My hsbc is about £350 overdrawn and has been since I swapped over to my parachute account.

 

I have put in my 2nd claim and have sent the first and second letters claiming it back - (didnt need SAR as all my statements were online).

 

However, they are obviously chasing me for the amount I am overdrawn and until last week they were phoning me up to 5 times a day (I shouldve sent the telephone harrassment letter) I did tell them on the phone that I would only deal by letter and also wouldnt confirm the security info they were asking me as I couldnt confirm who they were - I knew exactly who they were tho! I went online last week and removed my telephone number and havent had any calls since then.

 

If they do write or ring me chasing this overdraft letter how do I state that I am counter-claiming as they owe me charges?

 

Also - do I start the court process? My court would be Hitchin County Court and I did see on the thread re the courts that they are one of the courts that are not staying cases.

 

If I should start the court claim do I need to write them a letter advising - .... you want the overdraft paid and I want my charges which would bring my account back into credit.... etc

 

Any help would be appreciated.

 

Thanks fbd x:-)


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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tagging on, i,ve just started my 2nd. claim against HSBC

 

best of BB


:mad:LF53

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Hiya fbd your account is in dispute by virtue of the letters you have sent requesting the return of your penalty charges so HSBC shouldn't be chasing you for repayment until they have resolved your queries. Having said that they will totally ignore the rules and carry on if they can :rolleyes:.

 

The only way they can recover what they see as a debt is to take you to court but as soon as they do that you can defend with a counter claim based on your second claim and the last thing they want is to end up in court defending a counter claim so its stale mate :).

 

All of the county courts are now staying penalty charge claims so its really up to you if you want to issue a writ against HSBC yourself or wait and defend with a counter claim either way it will be blocked until the test case is sorted out.

 

pete

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Thanks Pete

 

If I get any more letters/phonecalls then I will send the template re: account in dispute.

 

I suppose I will just have to be patient now then and wait and see the outcome!

 

Thanks fbd


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Hi Guys

 

Just an update!

 

A couple of weeks ago I received a letter advising I was overdrawn (I already know that d'oh) I need to bring my account back up to date etc etc. Sent the account in dispute letter stating if my charges are paid then I will no longer be overdrawn to which they replied saying fees fair and justified blah blah blah. Well I filed their response as couldnt be bothered to send another account in dispute letter!

Friday am I received a call on my mobile (usually I will ignore 08.. numbers) but I was feeling in a feisty mood so I decided to answer!

It was HSBC collections dept - I asked where they got my number as I had removed all my contact numbers (no answer) I also stated that my account is in dispute - also I had sent a telephone harrassment letter previously so I could complain higher regarding the fact that he was ringing me! He then asked if I could go into my branch to pay (I said no) He said debt collectors could call to my property (I replied only the postman and people asking for directions allowed without invitation) :D He then said legal action could be taken which could end up in court!!!!! I said BRING IT ON I will counter claim!!!! He then tried to do the usual such as home tel number and job etc - I refused to update him hehe!!

 

I then got bored and told him I really had to go to work and to have a nice day!!

 

Love it!! - but a few years ago I wouldve been pooping my pants at the thought of speaking to a DCA, thanks to CAG I am able to stand my ground and know my rights!!

 

I will, however, update on here if I do receive court action coz then I prob would be pooping my pants lol and would need lots of guidance on how to ensure I win!

 

Thanks guys

 

Fbd x

:D

  • Haha 1

Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Hi fbd,

Thanks for the feed-back , - that should give countless other people the impetus to go on and stand up to these bullies.

 

As for the court action , you know you only have to come on and ask - there's plenty of help around :) .

 

Good for you - well done! :D


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnnymitch

 

Thanks for your comments - if they do try court action then I will be straight on here asking for help and advice lol!

 

Thought I should post my feedback to show people that you can fight back with DCA's and also show that they are not scary and just little people in a call centre reading from a script!!

 

Ps Thanks for the tickle hehe!!

 

FBD xx

:D


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Love it!! - but a few years ago I wouldve been pooping my pants at the thought of speaking to a DCA, thanks to CAG I am able to stand my ground and know my rights!!

 

I will, however, update on here if I do receive court action coz then I prob would be pooping my pants lol and would need lots of guidance on how to ensure I win!

 

Hiya FBD :) knowledge is power and its a great feeling when you use that power :D, there are two ways they can collect your debt;

  1. Frighten you out of the money
  2. Take you to court

You have told them that option one wont work :D and they will have some very awkward questions to answer in your counter claim if they try option two :D so they are stuck.

 

Keep us informed how your doing and as Johnny says we are all only to willing to help you :)

 

pete

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FBD have you thought of the telephone preference service having their number blocked....... you could also phone BT if your landlineis with them and make a formal complaint, given the the number.. bt will very kindly phone them and tell them if they make anymore calls action will be taken.....

 

you vcould also change landline and mobile numbers. that way they acannot get you.....

 

I know it would be a pain but if your mobile provider is good they will transfer your entire phone book to the new number:):):) which obviously hsbc wont have.....

 

Might also be worth dropping the OFT and FSA a letter of complaint about being harrassed by them....

 

even the banking ombudsman....

 

like Pete says let then instigate court action (they wont)...


rockin all over the world

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Thanks for the comments guys,

 

Ive just moved so my home number has changed and they havent got that one! Had my mobile number for too many years to want to change it and if they ring again I can reject it anyway - if they do start ringing regular again then I will write to the higher beings to complain about it!

 

I am hoping they do start court action as I can hopefully then get my charges back quicker than waiting for the test case to be resolved!!

 

I will keep everyone updated!!

 

Thanks again

 

FBD x

:D


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Hi guys

 

Just an update!

 

Received a letter from Moorcroft today - I HATE THEM lol!! Now where is that account in dispute letter..... ;)

 

Same old blurgh theyve put in the letter, intended litigiation before legal proceedings commence... could send baliffs, attachment of earnings, charging order on a property I may own or buy...

I dont care, take me to court coz thats when I counter claim for the charges you dufus' hehe!!

 

FBD x

:D


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Hi fbd , lovely to see you back posting again :)

 

The banks and DCAs seem to have been sending these letters out like confetti this week - even to those who have counter- claims waiting for them .... how thick can they be ........ DOH! :rolleyes:

 

As you say , that's what you want them to do - take you to court so you can get YOUR money back ....

 

Now ,there's this one from pete (castlebest ) which you can tailor to suit -

Action on a Stayed Claim ..........courtesy of Castlebest

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

 

or , more conservatively :D :

 

Re: Account in Dispute

Account in Dispute letter (Bank Charges claim pending ) .......(courtesy of Audreygreeneyes)

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are demanding repayment within 7 days of my over draft on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

You have fallen behind with your payments,

The amount owed is not in dispute; and

You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I have a plan with ccs which is being paid every month, you refused to accept this, despite your refusal my payments have continued and will continue to do so. (Delete if not required)

A copy of this letter and the one received from you are being sent to the FSA and the OFT for their information.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours , etc. etc

 

Go get 'em fbd ...... !!!!!!! :Dx


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Just an afterthought fbd...... was the account passed to Moorcroft AFTER you lodged your claim at court ?.......If so you could ask them to pass it back to HSBC ........who are not supposed to pass it on when it's in dispute ...... although they frequently do ..... :(

 

:D


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Cheers JM

 

Havent been on here much (damm those 'social networking' sites lol)

 

I was looking for one of my old account in dispute letters but I only had ones regarding catologue charges! This one seems a lot better!

 

I never actually got to the court stage just sent the first and second letters. Because this is my second claim it only goes back about 2 years so was ok with the 6 years of claiming rule. Money issues etc prevented me from doing it.... D'ya think thats gonna go against me?

 

I thought that if your account was in dispute the debt couldnt be passed on even if you hadnt put a claim in to the courts??

 

When I was sorting a claim for my mum with Kays they passed it on to moorcroft so I sent them an account in dispute letter and they wrote back saying they were sending it back to Kays...

 

I need to update my claim anyway as even though I dont use the HSBC one anymore its overdrawn and they have been adding about £5 per month on (debit interest) and also I need to recalculate the interest since its been a while... I will do that and then see about getting it to the court stage!

 

Always look forward to your helpful replies JM (and Pete of course)!!!

 

Cheers

FBD x

:D


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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I dont care, take me to court coz thats when I counter claim for the charges you dufus' hehe!!

 

 

oops! when you said that , I thought you had a counter-claim sitting waiting for them fbd,

 

Technically , your account is 'In Dispute ' when you send your Prelim Letter asking for it back - but your LBA threatens court action if they don't respond -so there's a lot more leverage if you've followed it through ....... but it's not too late if you wanted to go down that road .... not to mention the 8% interest , which is not to be sniffed at these days ..... :grin:

Edited by johnnymitch

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Lol, I decided that if they started court proceedings to get it back thats when I would put my court claim in!


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Your call fbd , :D. IMHO, they won't even consider court action if your counter-claim is there waiting for them .....


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi all.....

Its been a while lol....:)

 

There are sooo many posts to read thru that I dont know where to start...can someone explain to me (in a nutshell) what the result meant?? Can we start claiming again?? Do we have to reword letters etc??

 

Need to get myself prepared incase any new 'debt letters' fall on my doormat......

 

Cheers guys

 

FBD

:D x


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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I'll answer on your thread rather than hijacking someone else's :D.

 

Basically when the test case was announced all of the web based consumer groups offered their help to the OFT in putting the case together, this was refused and the OFT went ahead using their own understanding of the situation.

 

The OFT cocked it up, they actually used just one (the weakest) of the two clauses of the Unfair Terms in Consumer Contracts Regulations 1999 that we have always had in our particulars here so the test case was a very small point of law.

The Supreme Court ruled the banks were right on that small point of law but pointed out the OFT have always has the right to analise the charges under the other clause :rolleyes: as does any court :D

so the test case was a wast of time but the waiver has now been lifted so its back to business for us :D.

pete

 

That was Pete's reply on my thread to more or less the same question...sums it all up very well I think :D

 

BUT, give it a week or two for the brains to digest the ruling and come up with a solid plan of action....I think it'll be worth the wait.


DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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I cant wait to see some of the correspondance that will now start coming from the banks.

 

best of BB


:mad:LF53

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Oh yes BB , it'll be interesting to see the lies and chicanery that comes out now ..... words to the effect " we won ....you lost .... now take your claim away and don't come back . .... goodbye .... ":rolleyes:

 

The trouble is , a lot of people will believe it ...... the word needs to be spread , especially to those who haven't the benefit of this forum ... that they can carry on now .... and take their claim to court if necessary ....

 

IMHO, the banks will take it to the wire as they did before ..... then make an offer before a court appearance ..... because we can still ask them to detail their actual costs of notifying O/Ds etc .... and they still won't want to go there......

But let's wait and see what the Site Team come up with as regards revised POCs .........:)


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi guys

 

Happy new year to you all!!

 

Ok, Ive had a letter from my bank saying they wont pay back charges because they have been ruled as not unfair etc etc....are there any templates we can use to send back to them?

 

Thanks

FBD x

:D


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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Hi FBD welcome back ! :)

 

Remind me what stage your claim is at ? Stayed in court ? or on hold by HSBC themselves ....... ?


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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Hey JM

 

I do try and remember to come back every now and then but my life has been stolen by f*cebook haha!!

 

My claim was on hold by HSBC so I didnt go to the court stage....

 

Not sure where to go from here tho?!!!


Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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