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The Battle Goes On............


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Hi everyone ,

Long time since I had my own thread running , but it’s time now to address the question of my son’s claim for refund of Bank charges .

He was actually offered a full settlement in writing in July ’07 , accepted and was waiting for the cheque to arrive – when – BANG! .. the OFT Test Case reared it’s ugly head , and HSBC reneged on the payment .

So, his claim has been languishing in court , gathering interest , like thousands of others – stayed !

Now , when the FSA waiver was lifted , the banks were confident they could address ALL the complaints they had piled up within the 8-week time –frame . I reckoned, and said somewhere , that the only way they could do this was with thousands of template letters saying , virtually – “we won , you lost , now go away and don’t complain again ..... “ (or words to that effect !) .

Well, my son got this letter from the bank today , and it looks like many other people will probably get the same format over the next few weeks ......

 

Photobucket

 

Photobucket

 

(hope these work , it's a while since I did this ! ):eek:

 

As you can see it’s the usual mixture of half truths and lies ..... trouble is , unless people are aware of CAG ,or other sites , they’ll most likely shrug and say “ Oh , well – that’s tough “ and forget it ...... which is obviously what the bank is relying on ........

 

I’ve told my son just to hang fire until the site comes up with a plan of action ... and to leave his claim stayed....

Any comments would be most welcome ..... thanks in advance ......

Edited by johnnymitch
  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

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If they had promised to repay him and he promised to withdraw his claim in return then they may be contractually bound to complete the bargain and to let you have the cheque.

 

Have you got the letter promising him the money?

Did he withdraw his claim on the basis of their promise?

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REcieved the same letter through my door this morning. I laughed and said to the wife that it was by no means the end. I've not been in touch with DG or HSBC or my local courts since the Supreme Court decision last month, as i've been waiting for those on this and other sites to come up with a new way to proceed. I shall now be sending a letter to the court and HSBC saying that my claim is not to be struck out by them and i am awaiting legal advice on how next to proceed.

 

HSBC are up to their usual lies and half truth tactics once more it would appear, trouble is, as you say johnny, i suspect that it will cause several people to leave it there.

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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I might just wait and see what happens here

 

OFT confirms bank charges announcement date - MoneySavingExpert News

 

Not that I'm particularly keen to rely on the OFT again......

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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Hi Rob ... :)

 

Further to my previous letter, it looks as if the one on RGS1's thread is the next step from DG solicitiors :rolleyes: . designed to confuse and dishearten ..:mad:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/234710-not-over-yet-rgs1-2.html#post2657806

 

Like you , I'm not too keen to let OFT mess it up again ... but we'll haveto wait and see if they're going to take up the gauntlet again anyway ... there's supposed to be an announcement from them soon ... tomorrow (22nd ) is rumoured ... :D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Tomorrow morning 7.00 - definite.

 

I don't expect them to continue their investigation

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Hi BF and YB .. thanks for your prompt replies , sorry I've taken so long to get back to you ..

 

If they had promised to repay him and he promised to withdraw his claim in return then they may be contractually bound to complete the bargain and to let you have the cheque.

 

Have you got the letter promising him the money?

Did he withdraw his claim on the basis of their promise?

 

I'm now informed that he was at the stage before that ..... if you remember , before OFT , DG were taking court action to the wire , giving notice of 'Intention to Defend' ... and asking Claimants (under court direction ) to notify them of the latest amount of the claim .

Then , just after they got that info ... a cheque appeared for that amount , as a 'Goodwill' payment ... :rolleyes:.

 

Well , he had a hearing date and had replied to DG's letter asking for this info , and so was (we believe) within days of getting the 'Goodwill' payment - when the FSA bar dropped ....... :(

 

So, although he had a letter asking for that info - it does not ,unfortunately ,say anything about an offer ....grrrrrr!

 

Thanks again for your comments though .... and it looks as if RGS1 has reached the next stage of this new ploy from HSBC -

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/234710-not-over-yet-rgs1-2.html#post2657806

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Tomorrow morning 7.00 - definite.

 

I don't expect them to continue their investigation

 

Oops! Just noticed your post BF..... thanks :)

 

It wouldn't surprise me if they don't ..... and it might not be a bad thing considering the amount of time and money wasted on the last lot, by their (IMHO) ineptitude ... :rolleyes:

 

But don't get me started again! lol! :D

 

I await the CAG response .......... we can't let the banks off with this .......

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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No. I don't get Sky news.

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Hi BF and YB .. thanks for your prompt replies , sorry I've taken so long to get back to you ..

 

 

 

I'm now informed that he was at the stage before that ..... if you remember , before OFT , DG were taking court action to the wire , giving notice of 'Intention to Defend' ... and asking Claimants (under court direction ) to notify them of the latest amount of the claim .

Then , just after they got that info ... a cheque appeared for that amount , as a 'Goodwill' payment ... :rolleyes:.

 

Well , he had a hearing date and had replied to DG's letter asking for this info , and so was (we believe) within days of getting the 'Goodwill' payment - when the FSA bar dropped ....... :(

 

So, although he had a letter asking for that info - it does not ,unfortunately ,say anything about an offer ....grrrrrr!

 

Thanks again for your comments though .... and it looks as if RGS1 has reached the next stage of this new ploy from HSBC -

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/234710-not-over-yet-rgs1-2.html#post2657806

I don't understand. You say that they sent him a cheque?
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Sorry BF ..... no..... what I was saying was that ,that was the regular form prior to the OFT Case ..... that a cheque would appear a few days after a claimant had given DG the updated amount owed ..... just before a hearing date ..

 

My son gave them the info and was expecting to receive a cheque ... which didn't materialise because the FSA bar dropped !

Edited by johnnymitch
amended ...

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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He was actually offered a full settlement in writing in July ’07 , accepted and was waiting for the cheque to arrive – when – BANG! .. the OFT Test Case reared it’s ugly head , and HSBC reneged on the payment .

 

from the original waiver ;

 

(4) in relation to complainants who have already received a redress offer (including an offer for goodwill payment) at the date of this direction but not yet accepted or rejected the offer, the firm must (unless the court or the Ombudsman directs otherwise in a case it is considering at the date of this direction):

(a) inform the complainant about the test case, this direction and their effects;

(b) take reasonable steps to ensure that the implications of accepting or rejecting that offer are communicated to the complainant before he commits himself to accepting or rejecting that offer;

© give the complainant two months within which to consider whether to accept or reject that offer with a clear explanation of the risks of each option; and

(d) honour that offer if it is accepted by the complainant;

 

Scenario 9: Case pending before Courts: offer made but not yet accepted

 

However, the goodwill offer the bank made to you still stands and you can accept or reject this offer. If you decide to take up this offer, you must contact us within 2 months from the date of this letter. You should be aware that if you accept this offer, this will be in “full and final” settlement of your complaint. This means that it is unlikely you would be awarded a further sum even if the test case indicated that you could be entitled to a potentially larger amount.
ie. If an offer was made, and accepted, then they were bound to make that payment. Even if your son hadn't accepted the waiver indicated they should honour those offers if accepted within 2 months.

 

Need to see your actual original offer & acceptance to know where to go with this one now.

Edited by yourbank

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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No. I don't get Sky news.

 

I didn't say WATCH Sky News, I said READ sky news.

BF, you are not up with the current news on reclaiming, even MSE had commented on that story earlier than the time you posted. I would change ISP to be honest.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Listen YB , if you're going to start an argument , do it on your own thread ..... not mine ... :rolleyes::p

  • Haha 2

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Got my "letter" from HSBC this morning. How nice of them to send them out right before Christmas!

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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And my son !!

 

New guidelines to amending claims and new POC's should be available soon. Now the OFT are out of the way, we will know which way we have to go to proceed. And proceed we will !!!

 

Lex

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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by Ker and mangle 101 :

Got my "letter" from HSBC this morning. How nice of them to send them out right before Christmas!

 

Me to!

 

:D they'll be falling like snowflakes ....... it's reckoned there were about a million complaints on hold ...... unlike snowflakes they'll all be the same ....... :rolleyes:

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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=nieve;2662719]got mine yesterday too.. merry xmas.

 

Merry Christmas to you too Nieve :)

 

and

Merry Christmas

 

to all my friends on CAG

:D:D:D:D:D:D:D:D:D:D:D:D:D

Hope you all have a great one !!!!!

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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