HSBC charges, help please.

[poole535]

Hi, can someone please point me in the rite direction.

 

I have sent off the charges list with the letter stating im in financial hardship, and that i want to claim back all charges from the past 6 years with interest (included in the list).

 

I told them to please respond within 14 days.

 

I got a letter today, which goes on and on and on.

 

Basically it says about the OFT and FSA suspending this.

 

Then 'assuring' myself they have registered and stored my complaint.

 

Saying they dont know exactly on what will happen next, its upto the courts.

 

Letter then states, that i have mentioned im in financial difficulties. To see where they can help me they will need to take a review of my financial situation.

 

They want me to disclose my incomings and outgoings, assets, liabilities, blah blah blah. To see if i am in hardship. They will then explore a range of options which may assist myself.

 

Then goes on to say that if i clearly consider myself in hardship its essential to discuss matters as soon as possible. To complete the income and expenditure form then call them on 08456006423.

 

Basically what im asking is, what do i do? Are they just trying to 'hold' me, to delay the process of getting my chagres back?

 

Should i call the above number and see what happens then?

 

I have filled in the form, but it baffles me why they dont actaully want to recieve the form, that they want me to call themselfs?

 

 

HEEELP PLEASE!

[Mr lex]

Hi Poole,

 

It's fine to fill in and return the I/E form. You can also call them and discuss your situation, this is one of the few case's I would recommend you do this. There have been a few changes to the wavier which may help.

 

(19) from the date of this direction, the firm must ensure a fair, consistent and intelligent filtering of new complaints in order to identify relevant charges complaints from complainants who claim to be in financial difficulty and then assess whether that claim is justified. For the purposes of this direction, a complainant is considered to be in financial difficulty when his income is insufficient to cover reasonable living expenses and meet financial commitments as they become due;

 

(20) the firm must ensure that the standards in section 14 of the Banking Code guidance for subscribers, March 2008 version (‘the Code’), for dealing with customers in financial difficulty are complied with in respect of relevant charges complaints, in so far as they are relevant, even if the firm is not a subscriber of the Code or the Code is subsequently revoked, replaced or otherwise is no longer applicable. As a minimum, the FSA expects the firm to take the steps described in Annex 2 of this direction in dealing with a customer who claims to be in financial difficulty, including making an assessment of financial difficulty

 

Lets hope these changes help !!

 

Lex

[yourbank]

To add to Mr Lex, you are selling yourself short since the clock stopped on limitations on 27th July 2007 so it is 6 years from that date so you have missed potentially 2 years of your money

[yourbank]

Hi Poole,

 

It's fine to fill in and return the I/E form. You can also call them and discuss your situation, this is one of the few case's I would recommend you do this. There have been a few changes to the wavier which may help.

 

(19) from the date of this direction, the firm must ensure a fair, consistent and intelligent filtering of new complaints in order to identify relevant charges complaints from complainants who claim to be in financial difficulty and then assess whether that claim is justified. For the purposes of this direction, a complainant is considered to be in financial difficulty when his income is insufficient to cover reasonable living expenses and meet financial commitments as they become due;

 

(20) the firm must ensure that the standards in section 14 of the Banking Code guidance for subscribers, March 2008 version (‘the Code’), for dealing with customers in financial difficulty are complied with in respect of relevant charges complaints, in so far as they are relevant, even if the firm is not a subscriber of the Code or the Code is subsequently revoked, replaced or otherwise is no longer applicable. As a minimum, the FSA expects the firm to take the steps described in Annex 2 of this direction in dealing with a customer who claims to be in financial difficulty, including making an assessment of financial difficulty

 

Lets hope these changes help !!

 

Lex

 

Last time he waiver really changed was August 2008, Mr Lex(glad you read it this time )

 

Bit in bold is the one of about 2 amendments to wording(clearly anticipating when the banking Code may become obsolete later this year ).

[Mr lex]

Well spotted that man !!

[yourbank]

Well spotted that man !!

 

I did a compare and contrast exercise a few days ago(for reference point 6 has changed slightly and there has been a little renumbering going on)

 

I went through it with a very fine tooth comb(knit comb was out )

[Mr lex]

Yourbank,

 

Have you seen this ???

 

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_monthly_0790.pdf

 

Comes out on the 29 July.

 

I read the last version till my eyes bled, but didn't give the same regard as some.

[yourbank]

You really do not visit MSE do you? My signature on there was updated on the day it came out on their website(Wednesday I believe which was as I expected) and I think it is in effect from Monday 27th since the old one runs out on Sunday 26th.

[poole535]

Thankyou, will be calling them later on today.,

[poole535]

I need help again guys.

 

Its actually myself asking questions on behalf of my other half lol.

 

He called the number we were given, was passed through many people.

 

Did the I&E over the phone. They told us the finance for the car and the catalogues do not class as being in financial hardship even though we are struggling a hell of alot at the mo with paying those off. We dont have money for clothing at one point and with a baby we had to get clothing, so we got a catalogue, which is now £1200.

 

At the end of the conversation, they told us in the case of the above not being in the hardship criteria that we do not fit the financial hardshp criteria, so basically forget it.

 

Is this correct????

 

Also what is the test case all about in simple words? Whats the predicted outcome of this?

 

Thankyou in advance. Im very confused.

[yourbank]

I need help again guys.

 

Its actually myself asking questions on behalf of my other half lol.

 

He called the number we were given, was passed through many people.

 

Did the I&E over the phone. They told us the finance for the car and the catalogues do not class as being in financial hardship even though we are struggling a hell of alot at the mo with paying those off. We dont have money for clothing at one point and with a baby we had to get clothing, so we got a catalogue, which is now £1200.

 

At the end of the conversation, they told us in the case of the above not being in the hardship criteria that we do not fit the financial hardshp criteria, so basically forget it.

 

Is this correct????

 

Also what is the test case all about in simple words? Whats the predicted outcome of this?

 

Thankyou in advance. Im very confused.

 

Is the car finance on Hire Purchase? Surely the car is an essential for work.

"Hire purchase (HP) debt

 

Any debt should be seen as a priority if what you're buying on credit (or 'HP') is essential such as buying a car you need for getting to work."

From DWP site on priority debts

 

On the catalogues, I would agree cos that is a non priority debt but are there default charges on that catalogue(reclaim reclaim reclaim).

[poole535]

What kind of letter can i put together to send to them?

 

We havent defaulted as yet on any of our debts but we are not far off.

 

Does this mean that we basically dont 'qualify' as we havent gone over anything as yet?

 

Even if we literally have no 'spare' money each month?

 

 

.Im reclaiming for charges plus interest being £4682.

Edited July 27, 2009 by poole535

[yourbank]

The answer is yes under FH.