My first claim against HSBC - Settled

[gordonhall]

Hi Spiceskull,

 

Just another quick question about confidentiality....

 

YOu obviously refused but do you think its worth asking for payment foraccedpting it?

 

Personally, I think it just drags the whole situation out even longer, but if the banks are willing to pay for it, then do you think we should offer it as a "service" and charge appropriately?

 

If/when it comes to me, I think I'll just say no and take the money that is owed to me, but I wondered your thoughts.

 

All the best,

[Spiceskull]

My two penneth would be to not ask for money in return for confidentiality. By asking, it turns your claim from one of righting a wrong to one of seeking to make a profit. If they offer, then take it, but personally I would not raise the subject first...

[TaylorMade]

Hang in there, even the £4K claims will be paid if you are patient, and until I hear to the contrary, I will be able to help and discuss with any of you guys.

YESSSS!!!!!

Well Done Mr Skull and thank you for the blow-by-blow (apart from tying me to this machine for an EXTRA half hour reading your story)

 

When I've read wider and digested more information I may take you up on that offer It seems that one major disadvantage I'll need to get over is my politeness

[Spiceskull]

For the benefit of others, a brief summary of the Spiceskull v HSBC action to recover bank charges, with the help and advice of Consumer Action Group.

 

I have had an account with HSBC for 24 years (opened when it was Midland Bank) - and in that time I attempted to run the account properly. However, life being what it is, there were many periods when I incurred overdrafts and cancelled direct debits, and penalty charges were ruthlessly applied to my account.

 

Many times I contacted HSBC to have these unfair penalty charges refunded, but all my requests were flatly refused. I heard about Consumer Action Group from MSE (Money Saving Expert), and understood that the unfair bank charges were unlawful, and that I would be able to use the courts to reclaim the right, and have the bank charges refunded.

 

After reading around the CAG forums, the steps I needed to take were clear:

 

Step One: The first step in getting penalty charges refunded was submitting a DPA request to HSBC. This involved the bank providing me with a full transaction history on my account, and specificaly highlighting all instances of when unfair penalty charges had been applied, as well as any evidence of manual intervention in my account, in respect of unfair bank charges

Step Two: Once my transaction history had arrived (in the form of statements) I was able to calculate the total value of all bank charges applied to my account. Over a period of six years there had been more than £3,000 worth of penalty charges applied, and with the help of Consumer Action Group I was determined to get a refund.

 

Step Three: Step three was to send a preliminary request for a refund from HSBC, outlining my beliefs that the unfair penalty charges were unlawful, and that I expected a full refund. This was met with a standard letter of refusal by HSBC, who maintained that the unfair bank charges were lawful, fair and transparent.

 

Step Four: A second letter to HSBC, a letter before action, giving the bank the opportunity to reconsider their position regarding bank charges, and putting them on notice that I would raise a claim in court if the penalty charges were not refunded within fourteen days.

 

Step Five: Again HSBC refused, and therefore I raised my claim. Along with the claim form, requesting a full refund of the unfair penalty charges, I provided a schedule detailing where the unfair bank charges had been applied. My claim also included a request for interest, pursuant to s.69 of the County Courts Act in respect of bank charges.

 

Step Six: HSBC had 14 days to acknowledge my claim, which they duly did. The next thing I heard from HSBC was a letter from DG Solicitors. The letter indicated that HSBC believed that the penalty charges were fair, transparent, and fully defensible in court. Therefore HSBC would not be refunding any unfair penalty charges to my account.

 

However, DG Solicitors advised me that HSBC was mindful of the management time and costs associated with litigation in respect of unfair bank charges, hey were prepared to make a payment for the full amount, representing the bank charges applied, and requesting that the settlement remain confidential.

 

Step Seven: I wrote back to DG Solicitors, informing them that the offer made by HSBC was not satisfactory. I fully expected the refund of penalty charges to be unconditional, and that I would therefore seek to recover the unfair penalty charges in court. Two days later I received another letter, advising me that HSBC would be crediting my account with the full amount, in respect of unfair bank charges applied to my account.

 

The moral of the story is simple - the banks do not want to defend bank charges in court, and therefore they will settle all claims before divulging the true cost of penalty charges.

 

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.

[maverik1979]

well done spiceskull, that is exactly what people need, a brief explanation of a sample case to get their heads round it, and links to relevant detailed explanations

 

i doth my cap sir

 

sticky?

[Spiceskull]

sticky?

Hopefully it should improve the google rankings...I see that you followed the links through to their final destinations...and the idea is that this can be repeated through other forums and even external sites.

 

As for sticky - not really necessary. This "summary" should hopefully go in the "case studies" page - everything else is geared up towards capturing googlebots...there are certain areas that they cannot go, so this needs careful management...

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

[Sarah139]

Hi Spicey !

 

Just wondered as you are so good with words if you could help me on the format for the claim form - I'm doing it online - but am about 500 words over no surprise there.

 

What did you put - it seemed to work.

 

My claim is for around 4 grand lot of money for me.

Ive used the template but am not sure what I should take out.

Don't have such a way with words as you do.

Cheers mate

Sarah XXXXXXX

[Spiceskull]

Hi Spicey !

 

Just wondered as you are so good with words if you could help me on the format for the claim form - I'm doing it online - but am about 500 words over no surprise there.

 

What did you put - it seemed to work.

 

My claim is for around 4 grand lot of money for me.

Ive used the template but am not sure what I should take out.

Don't have such a way with words as you do.

Cheers mate

Sarah XXXXXXX

I'll be completely honest here - I am such a wordy person that I would fail miserably if I were to try and complete an online claim form. This leaves you with two options:

• Check around to find someone who has filed online (and see what wording they used)
  
• File you claim in person, at your local court (and I can help with the wording )

Let me know which you choose...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[beatcascade]

I am just embarking on your journey with the HSBC and have taken a lot of faith & confidence in myself from your thread. I have been reading the site for a month or two now and am ready to start for real.

 

I have sent the Data Protection subject access request and £10 fee today.

Good luck!

[Guest cece_diamond]

Congratualtions Mr Skull!!!!

You are simply amazing ... I have thoroughly enjoyed reading your whole story (allbeit taking me 1hr over my supposed 'lunchtime reading'). Your story and writing tone has produced a fantatsic result and gave me some much needed inspiration and confidence

 

HSBC have clearly been making money off of us for far too long. My issue is not politeness but having arguments over the telephone with the Cust. Service guys, I've certainnly leanrt from this thread to write letters instead and perservere!! I am also preparing to begin the process myself by requesting my Data Protection Act request.

[goonertw]

Can anyone show me a copy of the letters they write to the banks please? I bank with HSBC.

 

I'm new at all this. so all the help I can get would be great.

 

is there a standard letter or do you just write your own.

 

also, where do you write it too?

[un1boy]

Goon, start your own thread and let us know what it's called - that way we can follow your claim more easily

 

ps. please read the FAQ's before you start.

 

Once you've read them, update your thread and we'll help you

[hsbcclaimer]

Incase of interest to you guys, I requested my statements from HSBC a week ago, I received a letter 4 days later apologising for the delay in responding, 2 days following I received 70 envelopes containing my 6 years worth of statements.

 

I didn't enclose a £10 charge, and haven't had any charge applied to my account, therefore I'd not bother including any fee!!!

 

Will post my progress here as soon as I've trawled through them all highlighting the charges!!!!

[un1boy]

Incase of interest to you guys, I requested my statements from HSBC a week ago, I received a letter 4 days later apologising for the delay in responding, 2 days following I received 70 envelopes containing my 6 years worth of statements.

 

I didn't enclose a £10 charge, and haven't had any charge applied to my account, therefore I'd not bother including any fee!!!

 

Will post my progress here as soon as I've trawled through them all highlighting the charges!!!!

 

I agree - they haven't charged anyone yet!

[TaylorMade]

I agree - they haven't charged anyone yet!

But... if you don't send a cheque, then they could throw a delay in by writing back and telling you there's a charge Probably worth trying to cover the bases.

 

I sent a cheque with a letter asking for all details of my bank accound and HSBC credit card - when they didn't fulfill the credit card statement requirements (and after they returned my cheque) I had a letter from one of their 'data controller' types saying that there was a £10 charge :D You can imagine my reply letter

[jonni2bad]

....I didn't enclose a £10 charge, and haven't had any charge applied to my account, therefore I'd not bother including any fee!!!

 

Whilst we appreciate individual experiences, I don't feel it is wise for you to advise other users not to include the statutory fee for a SAR.

 

Your experience is not something which typical for all cases and not including the fee could easily result in a long delay for someone else.

 

If this bank, or any other , choose not to charge a fee then fine - they can easily send it back and you are not compromised.

 

I would advise all users to include the £10 even if they feel as though there might not be a charge.

[un1boy]

Whilst we appreciate individual experiences, I don't feel it is wise for you to advise other users not to include the statutory fee for a S.A.R - (Subject Access Request).

 

Your experience is not something which typical for all cases and not including the fee could easily result in a long delay for someone else.

 

If this bank, or any other , choose not to charge a fee then fine - they can easily send it back and you are not compromised.

 

I would advise all users to include the £10 even if they feel as though there might not be a charge.

 

Fair point.

[hsbcclaimer]

Fair point, but at the same time enclosing payment may well prompt them to cash it, whether its 'required' or not - by not enclosing a cheque you're giving them the option to persue the additional 'inconvenience' of writing to you requesting it, or simply providing the statements, as they did in my case.

 

For the sake of a weeks delay (if payment IS required), I would suggest not enclosing payment until asked for it! You may well save yourself £10!

[jonni2bad]

And you have the evidence to show that this will result in one weeks delay, of course?

 

It couldn't, perhaps, result in a user not receiving any information for the whole 40 days, believing they will meet the outer deadline, then when they contact the bank and demand to know where the information is they are promptly told "you didn't include a fee"?

 

With all due respect, you have been a member for 2 days. Those that have been on the site for many months will have seen some very poor 'behaviour' from most, if not all, the banks and would not put it past them to do exactly that.

 

If any user sends the £10 fee (which in itself is a very small amount) and then finds that charges have been levied, they can reclaim this fee as past of their overall request.

 

There simply is no logic to withholding this payment.

[Spiceskull]

I agree with Jonni (and it is MY thread) - always send the £10. They can always refuse to cash it if they so choose, but the ball is in their court then...

[jonni2bad]

ahhh ....from the flames he returns!

[boXXer]

What an excellent thread. Been reading it for the last hour or so. A lot more is clearer now though. I have just printed off my prelim letter, and its going in the post 1st class recorded tomorrow. If they reply with a figure thats not 100%, what letter do you send to basically say "thats not good enough, i want it all back. so im sending you this LBA"?

[jonni2bad]

If they reply well inside the 14 day deadline, then there is a letter in the Templates Library.

 

If it is close to the deadline, just amend the LBA accordingly.

[boXXer]

Hiya. Cheers for that. Great help! i will look for the letter if it comes down to that.

[Spiceskull]

If they reply with a figure thats not 100%, what letter do you send to basically say "thats not good enough, i want it all back"

That's exactly what you tell them - good luck with it, and don't enjoy the experience of claiming too much...