Demand for overdraft payment

[Midas029]

I have an o/d with hsbc and am claiming my bank charges of them and now using another bank.

 

Is there a template letter I can use to send back to them about the a/c being in dispute over my claim for charges.

 

They are about to make a payment to me under the hardship rules.

 

Thanks in advance.

[johnnymitch]

Hi Midas 029.....

 

What stage is your claim for bank charges at? is it 'stayed in court'..... or not submitted to court yet ?

 

Whichever , if they are offering a payment under hardship rules .... make sure they understand that this is a 'Part-payment' of what they owe you , and that you reserve the right to pursue the balance by whichever means you choose...... including court action.

[Midas029]

Hi Midas 029.....

 

What stage is your claim for bank charges at? is it 'stayed in court'..... or not submitted to court yet ?

 

Whichever , if they are offering a payment under hardship rules .... make sure they understand that this is a 'Part-payment' of what they owe you , and that you reserve the right to pursue the balance by whichever means you choose...... including court action.

 

 

I intend to write to them stating that I consider it only to be part payment.

 

They have asked me to call them next month to see if they can release more.

 

Do you know of any templates I can use for that and also one for to tell the bank I am dispute ref my o/d

 

thanks

[johnnymitch]

The template will depend on what stage your claim is at Midas - can you let us know ....and then we can point you in the right direction ....

[Midas029]

The template will depend on what stage your claim is at Midas - can you let us know ....and then we can point you in the right direction ....

 

 

Well I`m after some kind of template to inform the hsbc that I am accepting the money and it doesn`t settle the claim and also I think I need to alter the dispute template for my o/d to say the account is in dispute because of the bank charges.

 

Would that be right?

 

Ta

[johnnymitch]

It won't be technically 'In Dispute' Midas unless you have sent them a Prelim Letter with a list of charges you want to reclaim ..... That is the start of the DISPUTE stage ...

 

Then this is followed by a Letter Before Action (LBA) ... saying if they don't cough up you'll take them to court .............

 

Then (because they won't have responded satisfactorily due to the Test Case ) you lodge your claim at court .

 

Forgive me if I 'm telling you something you already know - but we can't give you a suitable letter unless we know what stage your claim is at ...

[Midas029]

It won't be technically 'In Dispute' Midas unless you have sent them a Prelim Letter with a list of charges you want to reclaim ..... That is the start of the DISPUTE stage ...

 

Then this is followed by a Letter Before Action (LBA) ... saying if they don't cough up you'll take them to court .............

 

Then (because they won't have responded satisfactorily due to the Test Case ) you lodge your claim at court .

 

Forgive me if I 'm telling you something you already know - but we can't give you a suitable letter unless we know what stage your claim is at ...

 

I have sent them the letters ref reclaiming charges, hsbc have agreed to pay £1425 today.

They owe me £4127.

I have claimed through hardship and they have asked me to call next month to see if my circumstances have changed.

 

They are demanding through collections though that I must repay my o/d.

 

They want a break down of income and outgoings etc, and how much I can repay, so I was thinking of not filling in their form and sending a dispute letter as I am reclaiming bank charges.

 

I am unsure of what to send to hsbc hardship claims as to the point of accepting the payment today of £1425 does not settle the claim.

 

I signed a form last week accepting the money, it didn`t say anywhere that it settled the claim, just that I accept this payment and can claim more next month if my circumstances haven`t changed.

 

Thanks for your replies.

[Midas029]

Just checked my a/c online and £1425 has been paid in.

 

I have just transferred it straight out to another a/c with lloyds tsb and its gone through.

 

This now puts the a/c back o/d by £1425.

[johnnymitch]

Well done Midas , that'll stop them taking it - I wonder if they just gave you the 'hardship' money to offset the overdraft . If they did they've lost out .... .... and I also wonder if they'll be so keen to give you more next time.......

 

If they're demanding your overdraft through a collection agency (which one is it btw - ?) is it one of their in-house ones like MCS ... which are not really an agency , just another department of HSBC .... ?

 

You could send them something like this , suitably amended ....

 

 

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 7 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

(the bold black type is my doing , just to highlight the part which I think is most relevant Midas )

[Midas029]

Well done Midas , that'll stop them taking it - I wonder if they just gave you the 'hardship' money to offset the overdraft . If they did they've lost out .... .... and I also wonder if they'll be so keen to give you more next time.......

 

If they're demanding your overdraft through a collection agency (which one is it btw - ?) is it one of their in-house ones like MCS ... which are not really an agency , just another department of HSBC .... ?

 

You could send them something like this , suitably amended ....

 

 

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 7 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

(the bold black type is my doing , just to highlight the part which I think is most relevant Midas )

 

 

 

Thanks Johhnymitch, thats exactly the kind of letter I need.

 

Its still with hsbc at the moment but I`ll send this and post the outcome and also post what happens next month when I try to claim more.

 

I have to say though that when you get through to the hardship team they really are helpfull, its just getting through to them you have to go through bloody India.

When I have called I have just insisted they put me through and they have done.

 

If anyone wants the number I`ll quite happily post it.

 

Johnnymitch thanks again for your time:smile:

[Midas029]

So I transfered the money out of hsbc to another a/c (LTSB) and it cleared fine.

 

I got a letter from hsbc this morning saying my o/d limit was set at £2800 and I was £1400 o/d and what can I do to repay.

 

Transferred another £1400 out to ltsb and its gone through fine

 

They still owe me just over £1200 in bank charges.

[johnnymitch]

Hi Midas , that was a good move ....

 

Now I'd write an LBA asking them for the revised amount you are reclaiming and when the deadline (usually 16 days ) passes .... start court action to recover it .......

 

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