Mandy27 v HSBC **WON**

[Mandy27]

I hand delivered my preliminary letter to my local HSBC branch yesterday.

 

I'm a little nervous because last month they refunded two charges totalling £60 for unpaid direct debits as a "goodwill gesture" but confirmed any future misuse of my account would attract the standard charges. Well to cut a long story short, I misused my account again last month to buy things like food etc and went over my o/d limit.

 

They've never charged me before for going over my o/d limit but I have just changed from a Graduate to a Standard Current Account. In my last year of the Graduate account I was entitled to a £500 o/d but when times were good I asked that this be reduced to £250. In past months I've been happily able to go over the £250 limit taking out cash and using my switch card with no charges made against me. I figured this was because the t&c of my Graduate account was for £500 o/d. Now its changed to a Standard Current Account though its all "lets come down on her like a ton of bricks". I discovered they are due to take £100 from my account in o/d charges on 18 August.

 

Has anyone else come across this kind of situation before?

 

This prompted me into action although I do feel a little cheeky. The letter I sent is to claim £483 worth of charges to my joint account with my other half and to request that they reconsider the £100 due to come out on 18 August.

 

I'll let you know how I get on! If they do take those £100 charges (which will take me over my o/d again and no doubt attract more charges) I'll go all the way to claimit all back.

 

Thanks

 

Mandy

 

____________________________________________________________________

 

HSBC - Prelim sent 2/8/2006

[wardyboy2]

Back in my Student days I could abuse my account as much as I liked and only got charged tiny amounts of interes (38p etc). I used to go over my overdraft limit all the time and they would always let me have cash still and pay DD's etc. This continued as I was a graduate and all was well. I even used to plug HSBC to all my mates as they never charged - Happier Times.

 

Since my Grad account ran out and I became "Current" I have been hammered. I get charged all the time for going over my overdraft etc. I think this is a standard approach after you move from Student \ Grad to Current, so don't worry.

[rdm2006]

looks like they are making up for lost opportunities

[Mandy27]

I delivered my preliminary letter by hand to my local branch last wednesday, is this ok? I've read on here people are tending to send letters to contacts within customer services/head office. Would I have been better to do this?

 

I haven't heard anything yet, although from posts don't really expect to but I wonder if only giving the letter to my branch may have hindered things.

 

Any thoughts greatly appreciated, should I send a copy of my letter to head office for good measure?

 

Thanks

 

Mandy

[Mandy27]

Well I hand delivered my LBA yesterday, printed off a little receipt thing for the lady at the bank to sign so they can't say they didn't get it. Have heard nothing after my prelim so I'm not holding out much hope. Just saving that £120 so that I can go to the next step!

 

Thanks Mandy

___________________________________________________________________

 

Total Claim £483

Prelim sent - 2nd August 2006 - No response

LBA sent - 16th August 2006

[dinahjl]

THat's the spirit! Make sure that £120 is in another account!!!

 

It seems to me, as a mum whose teenager will be starting higher ed this september, that the banks in general are doing rather well out of our students. It is a sad, but well known fact now, that students are leaving education with debts, often in the thousands, and at a time when they should be getting financial advice and support from their bank, they are instead getting a brick wall and yet more charges!

 

And at the same time, credit card companies directly target this age group with their marketing, announcing that "life is more interesting when you say yes" .

 

Enjoy the time thinking of how great it will feel to get the money back - and remember the longer they take to respond, the more money they will owe you - if they do charge that £110 you simply add it to your claim.

[Boobaby]

In the same boat as you Mandy not a snifter from the HSBC. I'm in the process of preparing my LBA letter as can't see me getting anything before Monday will keep an eye on how you're doing as you're a couple of days ahead of me....

[Mandy27]

Thanks guys - I've opened a new account so I'll be saving my £120 there.

 

Well a quick update, before starting this process I was aware that another £100 of charges were due to be taken from my account on 18/08/06. So in both my prelim and my LBA I requested that they refund the £483 already taken and reconsider the £100 due to be applied to my account or I would claim that back too.

 

Are these people completely stupid or what, yes, I've checked my account this morning and they have taken the £100 sending me over my o/d limit for which they will charge me and which I can claim back. My claim is gradually getting bigger by the day now! Be interesting to see how much it is by the time I get to MCOL!

___________________________________________________________________

 

Total Claim £583 and rising!

Prelim sent - 2nd August 2006 - No response

LBA sent - 16th August 2006

[Mandy27]

Hello again guys

 

Just got home from work after posting earlier to find a letter from HSBC on my door mat. They are offering £502 in full and final settlement. I have to say its tempting.

 

They have now taken the £100 charge from my graduate account today which I had asked them to reconsider in both my prelim and my LBA. This has sent me over my o/d limit which they will probably charge me for again. I want to reject the offer on the basis that I'm about to incur more charges as a result of their actions.

 

Can anyone suggest how I might best handle this? I'm worried this could just turn into a vicious cycle of them taking charges sending me over my o/d, then me claiming, them taking charges etc etc.

 

HOW DO I MAKE IT STOP!!!! HELP!!

___________________________________________________________________

 

Total claim £583 and rising!

Prelim sent - 2nd August 2006

LBA sent - 16th August 2006

Offer received - £502 18th August 2006

[Boobaby]

Hello again guys

 

Just got home from work after posting earlier to find a letter from HSBC on my door mat. They are offering £502 in full and final settlement. I have to say its tempting.

 

They have now taken the £100 charge from my graduate account today which I had asked them to reconsider in both my prelim and my LBA. This has sent me over my o/d limit which they will probably charge me for again. I want to reject the offer on the basis that I'm about to incur more charges as a result of their actions.

 

Can anyone suggest how I might best handle this? I'm worried this could just turn into a vicious cycle of them taking charges sending me over my o/d, then me claiming, them taking charges etc etc.

As no doubt everyone else will tell you accept this as part payment and chase the rest including the £100 plus charges & interest that will no doubt now be debited to your account.

[dinahjl]

Hi Mandy,

 

This vicious circle is the position many of us on the site will be familiar with. Often, if the banks were not imposing these unlawful charges, we would not be in the mess we are and we would not be making the banks so much profit!

 

The circle will stop, but often the banks will offer a solution that suits them better than you - like a Managed Loan (usually very high interest over a long period) which means that your overdraft is transfered into a loan and you pay a fixed amount each month to clear the debt.

 

Keep reminding your self just how much of your money thay have taken in unlawful charges - and that you are entitled to all of it back! Each extra charge they are adding can be added to your existing claim, so each time you write to them, send an updated spreadsheet showing all charges to that date.

 

Hope things improve.

[Mandy27]

Thanks again guys, so whats the best way to do this?

 

Send the signed letter back but make it clear that I am accepting the offer as partial settlement or send them a letter rejecting the offer flat and making it clear that when the 14 days is up I will be filing my MCOL (obviously enclosing a new schedule of charges)?

 

Is there a template for a letter back to the bank in response to an offer. If not does anyone have any suggested/successful wording for a letter?

 

Thanks

 

Mandy

[dinahjl]

Hi Mandy, here is the letter we sent - you will need to change bits but hope it helps

 

Dear Mr

We are now in receipt of your letter dated 09 August 2006, addressed only to Mr xx, in response to our previous letters regarding the above account.

Thank you for the offer of part-payment that you make in the above dated letter, however, we have no interest in taking this partial amount. As stated in our previous letter, and our Letter before Action, we are entitled to a refund of the penalties levied on our account plus the interest added to those penalties.

We have chosen to be reasonable and seek only to recoup the penalties themselves from you at this point. However, unless we receive a cheque payment in full for the amount we have previously detailed, you will leave us no alternative other than to proceed with County Court action for the full claim, including the interest applied to our account for the penalties; we will also claim court fees, costs and interest under section 69 County Courts Act 1984.

The timescale detailed in our Letter before Action of x August 2006 remains in place. We look forward to hearing from you prior to xt August 2006.

Yours sincerely,

[Mandy27]

Thanks Dinahjl - Much appreciated, I'll let you know how I get on!

[Mandy27]

I have just filled in the MCOL forms online and went to make a payment for the court fees. I only have a Visa Electron card with The Cooperative Bank and the site only accepts Visa Delta. What do I do? I do have a Maestro card but that is for the bank account which is now over my o/d limit because the bank took another load of charges (it was within the o/d limit before that).

 

Can I print the forms off and take them to the court with my fee in cash?

[Spiceskull]

Going to the court in person is always a better option. The staff are very helpful, and whilst they cannot give any legal advice, they can certainly help you fill in your forms.

 

You can print off what you have already entered, but at the court you will need to fill in an N1 form - there is more room on this, so all the bits you left out of your MCOL form can be entered here.

[Mandy27]

I've just received a Notice of Acknowledgement for my claim against HSBC.

 

I'm only claiming £300 and I sent both the preliminary letter and the letter before action (with copies of the spreadsheet) before filing my claim on MCOL. The Notice says they intend to defend all of the claim! Should I be worried? What will happen if I loose the claim?

[jowalshy]

This is what happens to all who file I think. I am currently awaiting their defence which is due to be filed by 19.04.07.

[Gez]

No, this is normal. I can even tell you word for word what their defence will be. You will not lose the case.

[Rayne]

I'm just ahead of you at the moment Mandy27

 

Go see http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62691-rayne-hsbc-scummers.html for a full rundown so far (sorry about blowing my own trumpet there)

[Mandy27]

I'm a little confused. I filed my claim with MCOL on 02/04/2007 (claim deemed served 5 days after so that would make it 09/04/2007) and HSBC acknowledged the claim on 10/4/2007. Do they have 28 days to issue their defence from the date the claim was deemed originally served (09/04/2007) or from the date they acknowledged the claim (10/04/2007)?

 

This is what it says on MCOL and unless I'm being completely thick its not clear.

 

"The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply."

 

I don't want to go making any mistakes with this and as yet I haven't received notification of any defence, despite the fact the acknowledgment said they would be defending the full claim.

 

Help!

[PPMAN159]

28 days start from the day that the claim is deemed to have been served on the bank.

[DietCoke]

I have just issued and mine says this

 

Status of this Claim

Bank Charges

Issued

Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

 

Then it says issued today (1 May) so do I have to wait 5 days from today then another 14 days and if they dont reply I can just enter judgement?? Im hoping its going to be that simple!

[PPMAN159]

If the claim is served today then you need to allow 5 days.

 

Once served the bank has 14 days to reply and should they defend then they have 28 days but as stated above both timeframes start from the date that the claim is served.

[DietCoke]

so the 5 days is to allow for service. So in total assuming they don't submit a defence I can click judgement in 19 days?

 

Sorry for being dumb just very weary.

 

How will I know the date they received service?