anya vs HSBC

[anya]

Hi. I am so glad to have found this site! For quite some time I have been feeling gutted and EDIT by high bank charges- but no more. I am now doing the first letter asking for my money back.

I know I am going to have questions arising along the way, even though I have been reading and reading all the FAQ's. I am already wondering- do I need to have printed copies of my statements before I send the request for my charges back? I have my statements online and have asked the bank to post me them , via the web site- at a cost of £10. But I have the actual details online- I am just unable to print them. Must I send the details of the charges- or can I just send them my calculations from my online statements? And if it does get to court will I then need to have bank drafted copies of my statements? The bank wants me to confirm that I am willing to pay £10 for them. I suppose I should say yes in case I need them? But do I need them initially if I have the details in front of me?

 

sorry, new at this -I am not a litigious person by nature but I do want my money back.

[Don Quioxte]

welcome.

 

keep reading

 

priority is to be able to calculate the amountof charges. If you have access to ALL your statements online then crack on - you can work out the dates and amount of charges applied sufficient to send a preliminary approach letter asking for repayment.

 

The £10 actually covers disclosure request under the Data Protection Act 1998 - and requires an institution to disclose ALL information held on record about you - thus statements and records of extraordianary interventions on your account. Keep reading around.

 

But to start the ball rolling you just need to be able to tell the bank how much you want back and why. They have access to your records so should be able to verify this for themselves. It is only later, really when/if you reach the court stage that one needs to consider sending a schedule or summary of those calculations to the bank and copying the same to the court.

 

good luck - keep us posted of developments.

[anya]

Thanks for quick reply:) Just realised I've posted this in the wrong forum- I'm not a banker... meant to post under my own bank group- Off to a good start already.

 

MY MISTAKE AS A MOD FOR NOT NOTICING. WHAT IS YOUR BANK PLEASE SO I CAN MOVE THIS THREAD TO THE CORRECT FORUM?

[anya]

I was just wondering if I am right in calculating the costs of all my bank charges? I haven't calculated interest or included the charges for using cash machines, but I have included the full charges for cheque bounces, going over overdraft limit, card misuses and returned DD's. I am not adverse to paying a nominal fee for these things, what I object to is the unjustifiable high costs for these. And when their charges push you over they charge you for going over.. They have no moral conscience about taking my last penny to cover their charges, even if it leaves me in hardship- since the computer makes the decisions... So I have calculated the entire charge. Is this right? I'm asking for the £1879.00 back that they have taken over the past 3 years.

 

After that rant, I have to admit I don't really want the hassle of changing banks if I don't have to. I would have trouble securing another current account as my circumstances have changed since opening my account, (I am on benefits now as a single parent / f/t carer looking after my disabled child ). I am heavily reliant on being able to pay by cards and cheques but given my present circumstances I am concerned I would only be eligible for a savings account if I tried to open an account elsewhere. I am living within my agreed overdraft limit, occassionally mistiming with income/outgoings puts me over- but I pay the OD off in full at least once a month, but I am concerned if I go through with this that I will have to close my account or that if I stay my future relationship with the bank will be affected and they will grill me harder for any mismanagement of my account in future. But its a risk I am willing to take. And If I get my charges back I can pay off my HSBC credit card too.

 

Does anyone know of any suitable banks for a parachute account in the meantime??

[overcharged_consumer]

Hi Anya,

 

Welcome and well done for reading the FAQ's before beginning (well, I don't know you have but it certainly seems like you have).

 

It sounds like you've calculated it correctly. Basically, anything that's a charge for unauthorised overdraft, unpaid item or card misuse can be claimed for. ATM fees can't, nor can fees for agreed overdrafts.

 

If you begin this process you have to be prepared to follow it right through to court if necessary. There is a possibility that they may close your account if you take action but from reading other threads this only seems to happen when someone instigates proceedings a second time on the same account. However, you have to be prepared for the possibility that they may withdraw services.

 

Any settlement you receive will be credited to your bank account. The bank may then withdraw your overdraft so if this is an issue you should make sure the settlement is enough to cover your overdraft.

 

A parachute account is highly recommended and from reading other thraeds people don't seem to have had any issues obtaining a Natwest account. The basis account provides a Solo card but many seem to have been offered a standard account with Switch.

 

Good luck and keep us updated with how you get on.

 

OC

[Spiceskull]

Hi Anya,

 

It is important to be seen as acting reasonably, and requesting a refund of those items is just that. You claim what you honestly believe you should...

 

It would be prudent to get another account, just to be sure, and the two that seem to be the easiest are Co-Op Cashminder and NatWest Flex accounts.

 

Keep us posted on how your claim progresses. Good luck.

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

[anya]

Thanks- I did read the FAQ and think I will look into Nat West.. Posted off the letter recorded to customer services of local branch? right or wrongly.. and have fingers crossed...

[anya]

I sent the request for the amount by my calculations as taken from my online statements. I did not at this point include schedule of charges as I cannot download or print my statements from the online bank, and the bank have as much access as I do to the exact details at this point. I also did not add or inc any interest, just a flat rate Total of charges. So I sent off recorded letter today. Now, in going over the charges yet again I realise that I included one charge for £20 which was actually to set up the overdraft. It was listed just as the others and was overlooked. I know I am not entitled to this charge so not sure what to do now?

Maybe by some miracle, as I did not give the breakdown of charges with the request letter, I can work out the interest on exeeded OD charges and it will be same or more than I have over estimated...

otherwise not sure what to do... ?

 

..but for the waiting..

30 June

[Bookworm]

Wait for their first sod-off letter.

 

Send LBA, with corrected amount, statign that on double-checking, you found you had made a small error in their favour and thus the amount you wish them to refund is £xxx.

[anya]

or perhaps I could say the £20 was administration costs to cover the letter I sent to them requesting my charges to be refunded? .. see how they like it...

[mahala]

but then would they be legally entitled to claim that back off you, as ot's not a fair representation of costs? :D

[maverik1979]

if you sent the letter to your local branch but addressed it to the customer service team it should end up in the right department

[anya]

Thanks, that's what I am hoping.

[anya]

Well it's been over the 14 day mark since I sent my prelim and I have had no response at all. I sent it to my local branch generically addressed to the Customer Service dept & to be signed for. I am now wondering if I stick to that address for posting my LBA or if I go for one of the adresses in Leeds?

 

I am only persuing the charges with my current account at the mo but I also have a credit card with HSBC and am a bit of a revolver with it. Is it imperative I claim for charges on both accounts at the same time- or can I go after the CC charges at a later date?

 

Any ideas on either point greatly received. I am so thankful for this site and will definately be making a donation at the end of this process. It is a much better service than I get from my bank!

[thunderpuss2k]

Well it's been over the 14 day mark since I sent my prelim and I have had no response at all. I sent it to my local branch generically addressed to the Customer Service dept & to be signed for. I am now wondering if I stick to that address for posting my LBA or if I go for one of the adresses in Leeds?

 

Stick to that address as it leaves a paper trail you can refer back to if needed in court, ie: you wrote to your local branch, they didn't respond. You wrote again to your local branch (the LBA), citing the fact they didn't respond to your first letter.

 

What date did the prelim get signed for? Some people on here will stick to 14 days exactly from delivery, I'm more inclined to give it a few days extra to take into account the weekends and postal delays.

[Irina]

I agree, my prelim gone a few days ago and I am counting only working dates from the date they sighned for it.

I hope this might be of some help.

[norvernrob]

I sent my prelim to my local branch, no response, so I sent the LBA to Phil Beaumont at the Leeds address and got a full payout. It's either Phil Beaumont or Alan Pretty that will offer you a deal/give you your money back so my thoughts are you might as well go straight to them. No-one in your branch is going to refund anything, they will just pass it on and delay everything even more.

[anya]

Thanks, I am going to give them a few more days to account for post and Sundays, then if no response I think I will write my LBA to Leeds and explain that I had no response from my local branch?... something like that.. I mean its all HSBS to me anyway..

[maverik1979]

Thanks, I am going to give them a few more days to account for post and Sundays, then if no response I think I will write my LBA to Leeds and explain that I had no response from my local branch?... something like that.. I mean its all HSBS to me anyway..

nope, post your lba today, the 14 day period is inclusive of weekends, dont feel sorry for the bank, the letter will have gone to the correct department, however please just adjust the lba to suit your needs and post it tomorrow, to Phil Beaumont in leeds

[anya]

Ok- so yesterday I posted my LBA to phil, stating I had no response from my local branch to my prelim... . This morning I get this;

 

Thank you for your letter dated 15 June 2006 requesting a refund of all your bank charges.

 

in order that we can consider your request please provide a full itemised breakdown of these charges to include date, description and the amount applied. Please also include any proposed new charges that you will have received a pre notification advice for.

 

thank you again for taking the time to write.

 

yours...

 

Senior blah blah..

 

So now what? Do I send Mr Landale a CC of the letter I sent to Phil? It includes the schedule of charges he asks for. They are on the same team in same dept of same business centre.. I could just tack on that due to the delay in his response that I have already proceeded to send the following letter.(LBA).. to his co-worker Phil... or do I just leave it and hope the point has been covered?.

 

and does this letter serve as a positive response to my LBA, albeit sent before my LBA was recieved?

I will stick to my original timetable in any case.. I'm just not clear about how I deal with this letter?

 

Any ideas?

 

ps. although I haven't recieved a pre notification yet for this month I know I will get total charges of up to £125.. if I don't ask for this now, will I have to cough up this fee and ask for this back later? What of future charges? If they refund then why would they carry on charging? sorry - just an after thought:rolleyes:

[DANIEL_JAMES_WALKER]

I sent my prelim letter to the Canada Square address. Counting the days to the reply. Would it be advisable to send the LBA to Phil if I hear no response

[Bobbo2000]

Regarding the question of dates that comes up quite a lot, personally I would take the 14 days as from the date of your letter. If the bank communicates pending charges, etc to you, then they are always according to the date sent, not the date you receive it

[anya]

I sent a duplicate copy to the sen off that replied back so that if he does take the case instead of Phil, the dates remain the same.

 

I think all roads lead to Leeds eventually...

[ppauls150]

I cant understand why they are asking you for a breakdown of the charges i.e dates, figures and so on, that is there job to go through your account and make sure it is right no? anyhow i had a nice conversion with Mr Colin Langdale yesterday (NOT) on asking him various questions regarding my account and he told me that he doesn't know anything or it would take him too long to find out or he can't see who made certain decisions. If this is the case then why on earth is he or any of the other people on that department dealing with claims? personally think it was just a fob off but at least he made it clear he couldn't see the information i was requesting so at least i made the effort.

 

Just stick to your timetable and if you have already responded to Alan Pretty then Colin would get the information given to him from him. So i would do the 14 days from when Alan received the letter and then file a claim on MCOL if no response or the right response is given.

[anya]

For the cost of a stamp I just wanted to make certain there was no confusion between the people dealing with my claim. I told Mr langdale that because I didn't get a timely response to my first letter I had sent a follow up letter (the LBA which I enclosed) to phil... So if nothing else he will know I am going to stick to my guns and my deadlines...