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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HSBC - Whats my next move.

Zorro01

By Zorro01
in Hardship applications

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Zorro01

Zorro01

Posted
Posted

Hi All.

 

To cut a long story short. Reclaimed a percentage of bank charges back under hardship rules from HSBC. They refused to acknowledge in writing that I am in financial harship and they refused to call the partial refund "bank charge re-fund" excpet for on my online statement it says "Bank Charges Refund".

 

I then sent them the Thanks for the partial payment letter and told them I will be reclaiming the rest starting ASAP.

I then sent all info to the ombudman and am awaiting to hear the outcome of that.

The thing is HSBC have really peeed me off by contradicting themselves. In March this year they acknowledged fully that I was in Financial Hardship as I was already dealing with them via the CCCS and yet when it comes to coughing up the rest of what they owe me they said "we don't think you are in financial hardship and we will send you a letter stating this". It was that sentance that made me go to the ombudsman but I feel that this may not be enough to persuade HSBC to handing over the money.

Should I give them the 8 weeks the ombudsman said I should or should I take it further.

What you reckon is my best move?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Castlebest

Castlebest

Posted
Posted

Hiya Kev and welcome to the hsbc forum :)

 

Firstly well done for getting any money at all out of these clowns :) the problem with HSBC is their opinion changes from employee to employee, this shows a lack of proper training and I suspect its the overall effect the bank actually want as it just delays anyone getting anywhere with them :cool:.

 

The FSA waiver has conditions attached to it which should make banks look at and repay charges to people who are suffering hardship, unfortunately, despite these being tightened up, there are still loop holes because it is still up to the bank to decide if a customer is actually suffering hardship or not.

 

I think for the sake of your own sanity, unless you are really desperate for the money you should leave it with the FOS for 8 weeks :| and see what they have to say.

 

pete

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Zorro01

Zorro01

Posted
  • Author
Posted

Your dead right about the training and the clown statement - someone rang me up from HSBC and said can I stop using public transport as this will save me money lolol.... I fell about laughing, is that the best they can come up with at HSBC. Why don't THEY stop taking unlawful charges of me in the first place... Big bunch of jokers and clowns.

 

*Yeah i will see what they come back with.

cheers castlebeast

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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  • 2 weeks later...
Zorro01

Zorro01

Posted
  • Author
Posted

Hello All.

 

A little while back HSBC made a partial payment (refund) of bank charges. I wanted more and went to the ombudsman but now HSBC say they have been contacted by the ombudsman but said they won't be looking at my case until the decision of the test case as been finalised.

I still want to proceed with this and want to know what to do next and I would also like advice on the best approach.

Thanks in advance.

 

Zorro

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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veester

veester

Posted
Posted

I also had a partial refund, but from Nationwide.

My claim was based on hardship which depsite a hardship claim to the bank and then the FOS was turned down.

 

The only way to ask them to review your case is to claim genuine hardship, there are some posts around this site

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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Zorro01

Zorro01

Posted
  • Author
Posted

The banks are funny. In march this year they acknowledged I was in financial hardship yet now I have had a partial payment to bring my account up to dat they won't admit that I am. Should I take it to the courts as the ombudsman have been far from helpful with this. Should I lodged a complaint with the small claims court.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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johnnymitch

johnnymitch

Posted
Posted

If FOS and the banks won't play the'Hardship' card zorro01 ., then I'm afraid you're with the other 65000+ of us with claims stayed in court . Courts are reluctant to make decisions on hardship and usually pass the buck to FOS ....

 

I take it the remainder of your claim is stayed at the moment ?

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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Zorro01

Zorro01

Posted
  • Author
Posted

I have not proceeded to the courts because I wouldn't know how to or where to start.

Is the the next step???

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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johnnymitch

johnnymitch

Posted
Posted

HI Zorro01:)

 

If you know how much they owe you , write a preliminary letter and ask for it back enclosing a list of charges which you are reclaiming .

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/111--letter-preliminary-approach-for-repayment

 

If that fails , which it will , because you'll get the usual bumph letter about your claim being 'on hold' because the OFT Test Case - ignore that and send a Letter Before Action(LBA) saying that if you don't get your money , you'll proceed to court action :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/112-letter-before-action-bank-charges

 

You'll probably get another 'put-off ' letter saying your claim will be stayed - only the court can stay your claim , which they probably will -

but come back after you get the reply to your LBA (or the deadline for reply is past) and you can be guided from there.......

 

In fact you can come back at any stage and ask - you'll always get an answer on here .........:)

 

Above all , don't worry about it , it's a relatively simple procedure which thousands of customers have done - and of course , once it's stayed in court it's earning 8% interest until the OFT case is settled . :D

 

You might also like to read up on the FAQs :

 

Links for new starters

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

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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Zorro01

Zorro01

Posted
  • Author
Posted

Cheers Jm.

I am going forward with the LBA.

When submitting the letter do I do so excluding the interest I added to the origional bank charges letter. ( I am claiming bank charges plus the interest) What is best to do at this stage?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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johnnymitch

johnnymitch

Posted
Posted

If it's the 8% interest zorro , that's the one which doesn't apply until you lodge your claim at court , so leave it off the LBA .

 

However, if it's the interest they have levied on the charges themselves (using the Advanced Spreadsheet ) then include those on the LBA list .

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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  • 1 month later...
Zorro01

Zorro01

Posted
  • Author
Posted

Right all,

 

As above I LBA'd them and then I issued my POC at court.

The court have now issued HSBC jokers with my POC.

HSbc solicitors have acknowledged service at the end of last month.

It says that HSBC are intending to defend all of the claim and they now have 28 days apparently until they file a defence.

Is this normal and if so what do I have to do next?

Do I just wait 28 days and if they haven't filed a defence do I just call the courts and get them to make them pay or what. Truth is I do not know exactly what they are trying to defend for??!?!.

Any ideas?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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  • 2 weeks later...
yourbank

yourbank

Posted
Posted
Yes you are then in a position to ask the court to enter judgement by default, and you've won your case!

 

But dont start spending the money quite yet!

The case should be automatically stayed pending the OFT test case issues.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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johnnymitch

johnnymitch

Posted
Posted

Yourbank is right , zorro .... it will be stayed and you should get notification of that... but I would check with the court office around the time that their defence is due to be lodged... just to make sure .... :). If they haven't lodged a defence by the deadline or applied for a stay, you could then try going for a judgement by default....

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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yourbank

yourbank

Posted
Posted
Yourbank is right , zorro .... it will be stayed and you should get notification of that... but I would check with the court office around the time that their defence is due to be lodged... just to make sure .... :). If they haven't lodged a defence by the deadline or applied for a stay, you could then try going for a judgement by default....

Which they would ask to be set aside and would be granted. It's a no win YET situation, lol.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Zorro01

Zorro01

Posted
  • Author
Posted

Cheers all.

I will just bide my time and see what happens. I think they are just grasping at straws. Oh well the interest keeps mounting so I am happy.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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blonko12

blonko12

Posted
Posted

I'm having a stonewalled relationship with HSBC....I'm a sole trader and my overdraft was called in (2k) when work dried up....in 1 year I have accumulated ove £1,000 in interest and despite support from CCCS they continue to slap monthly charges on despite my hardship...debt now stands at £3,260 and rising and I'm at the end of my tether. Just getting through to Credit Controll is very difficult....they said they were going to hand the debt to Metropolitain months ago....be they just keep hanging on to it...what's their game plan? More to the poin, what's mine?

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Zorro01

Zorro01

Posted
  • Author
Posted

Hi Blonko.

Welcome to the forum. First up reclaim your charges back. Reclaim any PPI where it has been mis-sold and there is help available right here on this site. I was in a similar situation to you about 6 months ago and due to this site I am the one who is chasing them for money. Start a thread listing what you want to achieve and I can guarantee the good folk of consumer action group will be along soon to help you out. p.s. - Being with the CCCS won't stop HSBC muppets piling up the interest - they did it with me.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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Zorro01

Zorro01

Posted
  • Author
Posted

Right all,

HSBC have not asked for the case to be stayed and have infact filed a full defense. I have until the 07 september to send back my allocation questionaire. Any ideas as what to do for my allocation questionaire?

I really need some help now as they are not folding and challenging stating that the charges are "not charges" that were applied to my account because I aggreed to them when I signed up for the account??

Help needed please.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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johnnymitch

johnnymitch

Posted
Posted

Hi zorro , it may look like they're going for a full defence , but I'd bet that they'll apply for a 'stay' just like all the rest .

 

However , to 'stay' your anxieties , try this link on AQ completion ... :)

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/125-allocation-questionnaires-a-guide-to-completion-

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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Zorro01

Zorro01

Posted
  • Author
Posted

Should I send draft directions with my AQ. It seems a lot of work to "go through the motions" so to speak with HSBC if in fact they will ask for a stay in the courts. Is it a must send considering I have already previously submitted a full breakdown of charges etc to the court? I have however just requested that the judge apply for a basic disclosure (as recommended on the AQ help sheet) as it will make litigation run more smoothly.

Anyone?

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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johnnymitch

johnnymitch

Posted
Posted

There's a Draft Order For Directions template on that link I gave you , Zorro - shoudn't be hard to copy and paste it ...:rolleyes::)

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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Zorro01

Zorro01

Posted
  • Author
Posted

but it states that I have to send the details outlined in the draft order to the bank and court and it seems like a lot of hard work. Is that all I do? copy and paste it and then make sure I get all the info to the bank and court in the 14 day time limit.

VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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johnnymitch

johnnymitch

Posted
Posted

Well ,that's what I did zorro - three times ! (once for each claim )

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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