HSBC demand

[craig1897]

On the 1st of oct i submitted my letter to my bank manager requesting full repayment of overdraft fee's plus interest. I made him read it and give me a signed recept there and then.

 

Then the same day at 9.15pm hsbc rang me telling me that they demand full payment for the outstanding overdraft ballance on both my accounts.

 

they told me if i dont do so within 18days they will pass it onto a recovery agencie and also put a default against my name with the credit ref agencie.

 

 

Can they do this. what do i do next

 

2.11.09

 

On the 5th oct i had a letter from hsbc saying we acknowledge receipt of your complate about bank charges. saying that they will not be willing to do anything with my complaint till the legal proceedings with the OFT have come to an end.

 

today i had a phone call from a company saying that hsbc had past my debt has been passed on to them.

 

what do i do next iv had nothing in writing from anyone saying that my accounts have been passed on..

 

What do i do next to cover my ass...

Edited November 2, 2009 by craig1897
update

[haggis1984]

B******s

 

Had you fallen into arrears or gone over the overdraft limit recentley? And how much of the overdraft balances are made up of charges?

[Castlebest]

HSBC throwing their dummy out of the pram they can be very childish, its appalling form a major financial institution.

 

The account is in dispute they are not supposed to do anything until the dispute is settled but they will try to ignore this in the hope you don't know what your doing.

 

pete

[haggis1984]

I seem to remember an the OFT stating a while ago that it was unfair for creditors to close accounts just because the debtor is reclaiming charges. Might be worth giving them a call craig.

[pinkduchess]

thought they werent allowed to do this as it is a retaliatory reaction?

 

have a look at this, its a couple of years old now so dont know if it still applies

 

Alliance and leicester fined by FOS for retaliatory account ...

[craig1897]

On the 1st of oct i submitted my letter to my bank manager requesting full repayment of overdraft fee's plus interest. I made him read it and give me a signed recept there and then.

 

Then the same day at 9.15pm hsbc rang me telling me that they demand full payment for the outstanding overdraft ballance on both my accounts.

 

they told me if i dont do so within 18days they will pass it onto a recovery agencie and also put a default against my name with the credit ref agencie.

 

 

Can they do this. what do i do next

 

iv not used the accounts for over a year. they removed my overdraft on both the accounts after going over my overdraft on one of my accounts. i payed back the amount that id gone overdrawn on both my accounts but because of there nice charges one account is now -400 and other is -999 all from charges.. one of the months they charged me £250

[johnnymitch]

If those accounts are composed completely of Charges craig , then you need to continue with your action to reclaim them . Report them to the FOS as Pinkduchess has indicated :

 

FAQs complaints about bank charges

 

But if you know how much they owe you , list them as you did for the local branch (or use the forum spreadsheet )on here Leaving off the interest column at the moment - that comes into play when your claim hits the court :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

Basically, ignore any attempts by them to distract you ..... your account is 'In Dispute ' from the time your branch manager signed for the letter .....

 

Using the templates on here (which are more or less in chronological order ) :

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

1. send a prelim letter to their Leeds Customer Service Dept asking for your money back

2. they will either ignore it or waffle , so after 14 days or so , send a LBA

 

3. after another 14 days or so .. start court action (come back if you need help at this or any other stage) .......

[craig1897]

On the 1st of oct i submitted my letter to my bank manager requesting full repayment of overdraft fee's plus interest. I made him read it and give me a signed recept there and then.

 

Then the same day at 9.15pm hsbc rang me telling me that they demand full payment for the outstanding overdraft ballance on both my accounts.

 

they told me if i dont do so within 18days they will pass it onto a recovery agencie and also put a default against my name with the credit ref agencie.

 

 

Can they do this. what do i do next

 

2.11.09

On the 5th oct i had a letter from hsbc saying we acknowledge receipt of your complate about bank charges. saying that they will not be willing to do anything with my complaint till the legal proceedings with the OFT have come to an end.

today i had a phone call from a company saying that hsbc had past my debt has been passed on to them.

what do i do next iv had nothing in writing from anyone saying that my accounts have been passed on..

What do i do next to cover my ass so i dont have someone knocking at my door

[rebel11]

I don't think they can do that, I'm no expert, but from what I read here. You've put the account in dispute by claiming bank overcharges + interest.

Don't forget the bank said they can't do anything about the charges until

the porceedings with the OFT come to an end.

[rebel11]

I think there is a Template letter that you can send to the debt company to let them know your account is in dispute.

[johnnymitch]

On the 1st of oct i submitted my letter to my bank manager requesting full repayment of overdraft fee's plus interest. I made him read it and give me a signed recept there and then.

 

Then the same day at 9.15pm hsbc rang me telling me that they demand full payment for the outstanding overdraft ballance on both my accounts.

 

they told me if i dont do so within 18days they will pass it onto a recovery agencie and also put a default against my name with the credit ref agencie.

 

 

Can they do this. what do i do next

 

Did you contact the OFT as suggested by Pinkduchess earlier craig ? If not, it may be a good idea.

 

2.11.09

 

On the 5th oct i had a letter from hsbc saying we acknowledge receipt of your complate about bank charges. saying that they will not be willing to do anything with my complaint till the legal proceedings with the OFT have come to an end.

 

today i had a phone call from a company saying that hsbc had past my debt has been passed on to them.

If it's Metropolitan Collection Services it's HSBC's in -house collection branch not a real DCA .... HSBC know you're account is 'In Dispute' , so they shouldn't be doing this .

what do i do next iv had nothing in writing from anyone saying that my accounts have been passed on..

 

What do i do next to cover my ass so i dont have someone knocking at my door

send the HSBC a letter something like ...

 

Re: Account in Dispute

Account in Dispute letter (Bank Charges claim pending ) .......(courtesy of Audreygreeneyes)

Dear Sirs

Re: Account in dispute

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

I note from your latest correspondence that you are demanding repayment within ? days of my over draft on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

You have fallen behind with your payments,

The amount owed is not in dispute; and

You have not made proposals we are satisfied with for repaying your debt, following our formal demand.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I have a plan with ccs which is being paid every month, you refused to accept this, despite your refusal my payments have continued and will continue to do so. (Delete if not required)

A copy of this letter and the one received from you are being sent to the FSA and the OFT for their information.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours , etc. etc

and send the DCA a letter something like this (suitably amended)

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since [DATE] . Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

[craig1897]

On the 1st of oct i submitted my letter to my bank manager requesting full repayment of overdraft fee's plus interest. I made him read it and give me a signed recept there and then.

 

Then the same day at 9.15pm hsbc rang me telling me that they demand full payment for the outstanding overdraft ballance on both my accounts.

 

they told me if i dont do so within 18days they will pass it onto a recovery agencie and also put a default against my name with the credit ref agencie.

 

 

Can they do this. what do i do next

 

2.11.09

 

On the 5th oct i had a letter from hsbc saying we acknowledge receipt of your complate about bank charges. saying that they will not be willing to do anything with my complaint till the legal proceedings with the OFT have come to an end.

 

today i had a phone call from a company saying that hsbc had past my debt has been passed on to them.

 

what do i do next iv had nothing in writing from anyone saying that my accounts have been passed on..

 

What do i do next to cover my ass so i dont have someone knocking at my door

 

Update

5.11.09

 

letter from metropolitan collection services requiring immediate payment of balance.. the thing that gets me is that there only listing one account that i hold with HSBC but with the total amount from both the acounts..

 

is this normal or has hsbc closed one of the accounts and consolidated the accounts together.

[johnnymitch]

Have you sent the letters craig ?

[craig1897]

Have you sent the letters craig ?

 

which letters do you mean mate.

do you mean the 2 letters that you posted the other day if so no im in the middle of printing them out to send off

[johnnymitch]

That's the ones I mean ..... that'll give you answers .......

 

btw MCS is not a real DCA . ..... that's HSBC's In-house collectors .... so I wouldn't worry too much about them ...... wait and see what response you get to your letters , then come back and let us know we can pick it up again from there ......

 

Also craig , you don't have to quote the last answer each time mate ... we can just refer back to previous posts on the same thread .....

[craig1897]

Just an update HSBC closed both my accounts now and filed a default against me... if they think there getting any money out of me there wrong. they can take me to court. at which point ill give them the finger. iv had enough now. Can i charge them for my time everytime they ring me or send me a ****ty letter.

[Rayne]

I think you can apply for whats called a "Wasted Costs Order" after or during the ongoing dispute once it gets to the court stage. Can't remember exactly as I've been out of circulation for a bit and atm I'm being hassled by a 4 year old to listen to Darth Vader heavy breathe at me, but, unless someone else comes up with it in the meantime, I'll try and dig it out once I get back from the school run.

[johnnymitch]

|Hi craig , did you send the letters i gave you , and have you had any replies .. ?

 

If you don't follow advice which you've asked for ... we'll be serving you with a wasted costs order

 

Hi Rayne , nice to see you back ,

 

this may save you some legwork .... :

http://www.consumeractiongroup.co.uk/forum/general-knowledge/88759-question-about-wasted-costs.html

[craig1897]

yer iv sent all the letters required and iv not had any letters from hsbc just there collection service sending me crap about passing it on to someone else. only found out the put a default against me on the experian credit report

[johnnymitch]

I would write and ask them (politely:rolleyes:) to do you the courtesy of answering your last two letters . Tell them that your next call -up letter will be copied to the Chief Executive of HSBC ....

 

Someone did this the other day and had a very prompt reply from his assistant saying they were dealing with it ... and I think the minions were on to it pretty quickly .....(Ms Packwood if I remember correctly ) .

Can't remember who it was at the moment , but if I do I'l get back to you .. or possibly whoever it was will give you a contact e-mail address ..

[TheReflex]

Hi Hope your getting somewhere with your case. This makes me really worried. I have a claim number from the courts, and my case is going ahead in maybe 2 weeks. having just heard the news about the test case. I am now pretty deiheartened and am still receiving £90 a month charges... maybe my £70 court fee would have bhe charges been better spent on the charges themselves. VERY ANNOYED! and hoping hsbc doesnt do the same to me i.e pay back your overdraft now!!!

i am seriously considering closing accounts and using nationwide or something!:mad:

[Rayne]

Hey johnnymitch, good to be back. So it WAS a wasted costs order

TheReflex...I'm sorry but you just confused me with that (no offence intended) altho I think I get the gist DON'T let the ****ers get you down fella, they're not worth it. I'm also being hit for charges (although not quite as bad as that any more) and, as crippling as they can be at times, you giving in is EXACTLY what HSBC want you to do. They don't care if you're suffering genuine hardship because of them, they don't care if you have no electricity, gas, water, food etc so long as they get some money out of you. DON'T let them. If your charges are that bad then by all means consider opening another account to have just your monies paid in, that way they're unable to touch them. I know, I've been there with them, even to the point of ranting and raving at them in my local branch. They're not worth it. Fight the good fight my friend, we WILL prevail. They banks are i the wrong...the customers know the banks are in the wrong, the public know the banks are in the wrong, the law lords know the banks are in the wrong....the BANKS know the banks are in the wrong: the only question remaining is how long the banks will keep the charade up. The writings on the wall for them and they know it.

Fight on fella, you know it makes sense

[johnnymitch]

Hi reflex , wecome to the forum

 

Great advice and encouragement from rayne there..... if your claim is in court 'stayed' , then if you hang on for a couple of days there will be a plan of campaign from the site team to help you carry on with your claim.

 

The banks have only won against the OFT , who wasted a couple of years by quoting the wrong clause in the Regs . There is still a route forward , as the good judge indicated the other day ... and our team are working on it .

Stick with it , as rayne said .... and together we'll beat them .. and get your £70 back ..

[johnnymitch]

Following on from the above Reflex if you want to consider a 'Parachute Account' have a look at this link :

 

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

It should be an acccount where you use it for day to day Income & Expenditure and don't go overdrawn . But it needs to be a completely different bank , with no links to HSBC so that they can't use 'Right of Set-off ' i.e use your money to defray their heinous charges ..

 

By all means if you need any further assistance , just open a thread and ask ...... someone will answer and we're user -friendly on here ...

[TheReflex]

Following on from the above Reflex if you want to consider a 'Parachute Account' have a look at this link :

 

Parachute Account

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

 

It should be an acccount where you use it for day to day Income & Expenditure and don't go overdrawn . But it needs to be a completely different bank , with no links to HSBC so that they can't use 'Right of Set-off ' i.e use your money to defray their heinous charges ..

 

By all means if you need any further assistance , just open a thread and ask ...... someone will answer and we're user -friendly on here ...

 

thanks for the support and advice, I will def be keeping you all updated with the developments of my case. and most probably be needing advice etc. thanks REALLY LIKE THIS FORUM...just hope I have a happy ending, having followed all the procedures stated in this forum.