HSBC charges, what should I do next?

[supermodel]

Hello all, it's my 1st post ... please be gentle

 

Story so far ... I was in Australia for 15 months and knew I was being 'stung' for charges but only realised how much when I got back. About £510 (current account only, Credit card is another story!!) .. on 2 occasions they hit me for £130 for being beyond 'agreed' £500 overdraft by about £100 for a week or so ... that doesn't seem right?.... Should they even have let me use the 'hole in the wall' to overstep the 'agreed' overdraft?? They also charged me AUD25 (about £20) a time to transfer funds from my Aussie HSBC current account to my UK current account .. which was deeper and deeper in the 'do' as a result of all the charges

 

Anyway, I wrote nicely to them and asked for it back - they refused. So I wrote nicely again asking them to review these charges, saying they were 'over the top' and asking them to 'make me a sensible offer' - they refused.

 

Having read quite a bit on CAG forums, I sent a SAR on 31/3/10 and received a big 'wodge' of papers 18 days later. This comprised 97 pages of current a/c statements going back 9 years (when a/c was opened) and 112 pages of 'Amounts and Statistics' sheets over same period that basically summarises debit and/or credit interest each month ...... and that was it! ... no copies of agreements, interventions, absolutely no mention of my credit card at all, even though this was specifically requested in the original SAR. .. although oddly someone in Customer Relations (Southend) offered me £28.26 as a "goodwill" payment for 'late payment admin charges' on my credit card account

 

I then sent an LBA(Section 7 - Data Protection Act 1998) telling them that the data sent was incomplete and reminded them that they had a further 15 days of the allowed 40 to comply. Foolishly, I forgot to send it as 'Recorded delivery' and so I sent it again (this time 'recorded signed for') and allowed them a 2 week extension on the 40 days. That was on the 15th May. On the 25th, I received a letter from Leeds saying they had "made arrangements to send (me) the requested information shortly" and offered "sincere apologies". 2 days later ... a letter from Sheffield stating that "(my) request for the provision of personal information which was received by HSBC Bank plc on 6th April 2010, but unfortunately only received in this office today" (dated 25/5/10) !!!! left hand ... I'd like to introduce you to right hand!

 

And that's it .... I have had nothing else since and would like to know what I should do next. Thanks in advance to anyone who has even bothered to trawl through my tale of woe and also for the CAG Forums in general, .. which at least give the individual a sense of hope against the likes of HSBC Bank etc..

[johnnymitch]

Hi Supermodel , welcome to the forum

 

First of all they are in breach of the Data Protection Act for their failure to comply with your complete requirements within the 40 days ....... it's not your fault that their internal admin is incompetent , and you should tell them so......

 

Send them a letter from this link (whichever is nearest to your circumstances )

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

and stress that you require the Credit Card agreement ..... it seems funny that they're ducking that issue and even funnier that they're offering you a 'goodwill' payment ..... if they're doing that I'd bet there's more behind it ....... and they're trying to duck and dive ....

 

So, basically , you can go ahead with your assessment of all the 'iffy' charges you'd like refunded , from your current account ..... (amazing that they managed to go back 9 years ...... they're usually reluctant to go back over 6 years ).......

 

And then when you get your Credit Card stuff from them ... come back and ask if you're in any doubt as to what should be there ... may not be me , but someone will answer , and we're user -friendly on here .....

 

btw, keep an eye on your thread , there may be others with advice to add to mine ..... I may have missed something ......

[supermodel]

Thanks Johnny Mitch. Update ... I sent them the Letter Before Action as you suggested, I included a list of the charges I want back and they've had it since last Friday ... which means that they're close to time out.

 

My next question is this; I'm happy to begin County Court proceedings and would like to know what's the best way to attack them ... should I go down the "Regulation 5 - not treating customers fairly" path or is there more mileage in the "you haven't sent me the agreements/contracts etc. because you haven't got them so you can't charge me"?? .... or both??

 

Any thoughts/advice gratefully received ... what do people think my chances of 'winning' are ....?

 

Supermodel

 

P.S. still nothing whatsoever on the Credit card account .. should I tie it all in on the same complaint? I thought it would have to be a separate one 'cos I don't really know the extent of the charges until they send me the details !!

[Rayne]

Why not try both routes?

[supermodel]

Update: A week ago I received a box full of documentation running to about 4 reams (!) and have spent some time reviewing it. A couple of days later, a Cd with recordings of telephone calls arrived but I haven't listened to them yet.

 

The reason for my post is that in spite of specifically asking for all documents relating to my credit card a/c in the letter before action that I sent them, nothing whatsoever has been received - no statements, no charges, no original agreement - a complete 'blank' on the credit card a/c,..... all this mass of paper is regarding my current account and/or savings account.

 

I guess my next move is to demand these documents forthwith?? ... and to get them to admit not having them if that turns out to be the case?? My question then becomes "what are the implications?" ..... if they don't have the original signed agreement for instance?

[johnnymitch]

Just hit 'em with one of these from the Library supermodel , whichever suits you best .....

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-

 

And remind them that the 40-day clock is still ticking ........

 

If and when they come back with a statement that they cannot supply any one of the documents you want , come back and ask ...... you'll get further advice .... best not to jump the gun until that happens though , I'd say ..... it's theoretical until it happens .......

[supermodel]

Thanks for responses. I should say that the 40 days since SAR submitted has long since expired. The first limited set of papers arrived after about 2 weeks, I then sent lba from templates here telling them they had not sent everything. They (in Sheffield) claimed that they had only received SAR on 25/5/10 (I have receipt showing they recieved it in local branch on 31/3/10). I allowed them another 2 weeks before I sent (on 9/6/10) another lba telling them time was up and listed numerous outstanding items plus a breakdown of charges i want back .. they didn't send the cheque as I hoped ...instead I got a snotty letter telling me (in essence)to be patient and that they were doing their best!!!

So ... as you can see, it's time for me to 'put up or shut up' ... I read elsewhere that the 'Ombudsman route' is a good one if I can show that they didn't treat me fairly (Regulation 5) ...seems to me that letting me overdraw cash when I was beyond the 'agreed' overdraft limit and then hitting me for £130 for the privelege falls into that category.. any thoughts gratefully received.

[johnnymitch]

It's time for them to put up Supermodel ........send them a call-up using that template link I gave you .... tell 'em they've got 14 days to conform or you will report them to the Information Commissioner for breach of the Data Protection Rules ..........which this is because they're well outside the time limit and haven't completed your SAR...

 

Data Protection Act (DPA) 1998, data protection policy - ICO

 

I think at the moment that will produce more positive action than FOS who are snowed under and pretty ineffective of late anyway. It's rumoured they're using untrained staff /students to weed out claims, so some people just take that as a 'NO' instead of pushing for a more experienced complaints investgator ............