HSBC - me too

[wendbrid]

Hi

 

We have just started a claim against HSBC in order to claim back charges on behalf of my son of over £4000.00! Needless to say he is always in debt and their advice is consolidate with a personal loan at an interest of 14.8% - I don't think so.

 

We requested details of charges and were sent two copies of statements going back six years and our cheque to cover admin costs was returned.

 

Emailed them yesterday requesting they did not apply a further £140 worth of charges next week. Received a very quick reply saying charges are fair, appropriate and reasonable and no refund will be forthcoming. They also 'advised' me that the Office of Fair Trading report published on 5th April referred to Credit card default charges only.

 

We have today posted the first letter to them along with a breakdown of charges.

 

Bit apprehensive at the moment, but will keep you posted.

 

Wendy

[markd]

Good luck Wendy! They will try and fob you off all the way ...... Ignore 'em!

If everything is done the right way, and everyone on here will help!, then there's no reason why your money shouldn't be heading back to you by the end of the summer!!

[rdm2006]

Dont worry wendy you WILL be refunded

[wendbrid]

Thank you so much for your support it is really appreciated - I hope we can be successful as my son is getting married next year and it would be great if they could start their married life without this debt hanging over their heads.

 

Wendy:)

[weezypoos]

Hi Wendy, you have come to the right place. I found this site a few months ago and have also been planning a wedding for next year. I received a full offer last week of almost £4000 which has helped enormously to pay for the wedding/honeymoon. I wish you all the best and there is always someone here ready to offer advice when you need it.

 

Good luck, you will get it back!

 

Louise

[barney2002]

Go for it!!!

[wendbrid]

We have just sent this in reply to thier email

 

Thank you for your prompt response to my email dated 14th August. I feel that this is an appropriate time to inform you that I have sent a request for repayment of charges along with a schedule of the unlawful charges levied upon this account over the last six years and my joint account over the last two years.

If you do not stop the impending charges of £125, these, along with any additional interest incurred in being overdrawn, will be added to the claim for unlawful charges.

Whilst I understand that the OFT report published on the 5th April 2006 was issued with regard to credit card default charges, the OFT’s position is that ‘These principles also apply to default charges in other consumer contracts such as those for bank overdrafts, store cards and mortgages’. This statement further demonstrates that HSBC as a creditor, have a requirement to comply with the 1999 Consumer Credit Act Unfair Terms & Consumer Contracts and therefore subject to proving that the charges are lawful and proportionate.

 

I'm not sure that entering in to two different lines of communication with HSBC is the right thing to do, but if we can stop this months charges it'll be a respite.

[Stiched_up_like_a_kipper]

Wendbrid is my partner so I thought I'd update on how things have gone so far.

 

We had no joy with the above email and so this months charges were taken.

 

The 14 days were up on the 31 August and we send a LBA yesterday.

 

Today in the post we got a reply to the prelim letter offering half of the amount of the charges (less interest) claimed for the joint account and what appears to be about half the amount plus interest claimed for my partners son's personal account.

 

Now, the letter before action has been sent and these offers run out in 10 days so do we just sit it out or do we reply to these offers accepting in partial payment with the intention to claim the rest through MCOL or reply rejecting these offers and do the MCOL thing anyway?

[GreatWonder]

You can reply to the letters accepting the amounts offered as part payment, but I don't think that it matters too much - either way, unless the amounts offered are accepted in full and final, you'll be proceeding to MCOL very soon. The letters that accompany them state that HSBC will take it you are not accepting the offer as full and final if they don't hear back anyway.

 

I didn't reply to the offer letter i had (offered £980 for a £1200 claim) - on these grounds (HSBC taking it as a rejection if they don't hear) and now I'm days away from getting my full amount (£1707 now interest added). I cannot of course advise you what to do, i'm merely just saying what route I chose.

[wendbrid]

Thanks for the reply. We decided on the 11th Sept to send a letter accepting thier offer in partial payment and if the partial payment and the outstanding amount were not credited to the relevent accounts by the 18th Sept we would pursue a claim without further notice.

Had what appears to be the standard reply, blah blah ombudsman blah. So as you predicted we filed the MCOL yesterday.

[traceyrmj]

good luck and i hope you get it all sorted out soon, i amexpecting a simialr half offer on monday form hsbc. do they not know the format of the CAG letters by now? sureley they know if we have gotten this far.... let us know when they fall like a house of cards wont you

[wendbrid]

DG solicitors acknolwledged our claim giving them 28 days. We then got a letter from DG asking for a breakdown of charges, which we sent.

 

A few days before their 28 days were up, we were sent a settlement for the full amount to which we accepted and the money was paid into one of the accounts shortly after

 

All we have left to answer is the MCOL, it says they've entered a defence and I can't do anything online to say the claim has been settled? How do I now inform the courts of this?

 

I'd just like to also say a BIG thanks to the CAG and all it's memebrs, without which, none of this would have been possible (our donation will be forthcoming very soon).

 

Thank you.

[Lucycat]

Give MCOL a ring to advise it's been settled - if the case was in your son's name, they'll want to speak to him to confirm, took all of a minute in our case!

 

Well done on getting the cash back - it's a great feeling, isn't it?

 

Lucy.

[wendbrid]

Thanks Lucy. Yes my son and his fiancee are pleased. It is a long time since they could see the light at the end of the tunnel.

[Guest bong]

I'd put it in writing to the court - just one line to say you're withdrawing your claim. On the phone they've no proof of your identity.