Rulzi vs. HSBC - The story so far...

[rulzi]

Hi,

 

I just thought I would add my story so far about my claim to HSBC for £266. (not a lot compared to some claims I know, but a lot of money to me!)

 

I wrote to them via the messaging service online requesting the last 6 years statements, these were sent without too much problem and no charge (in 28 separate envelopes). I also received a standard letter re: my complaint about bank charges which I hadn't even lodged at that point!

 

I then sent on the 20th August the following:

 

Over the past six years, you have charged me for exceeding my credit limit. It has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

I require full repayment of these charges, which I calculate at £266.00.

If you do not comply fully within 14 days, I shall begin a claim against you for the full amount, plus interest and costs.

Furthermore, I shall submit to the OFT a complaint under the Consumer Credit Act 1974 upon the basis that you have failed to comply with their direction of 5 April 2006 and are therefore not 'fit and proper' to hold a consumer credit licence under the 1974 Act.

 

Today (30th August) I have checked my account and am £130 better off! I also have received a letter stating they have exceptionally agreed to refund the £130 as a goodwill payment and no further refunds will be made.

 

I will send another letter requesting full payment of my claim, but I don't think so far the experience has been too painful - and worth writing 2 letters for £130!

 

I will keep you informed with regards to the other £136...

[closey]

Well done so far and good luck with the remainder of your claim.

[rulzi]

Well, I've sent the next letter, which went along the lines of;

 

Thank you for your letter dated 29th August 2006. Unfortunately however, the letter does not adequately address the fundamental issues of my complaint as outlined in my previous correspondence.

Having recently researched this issue in great detail, I firmly believe the charges you have levied to my account to be a grossly disproportionate penalty. Subsequently therefore, they are unlawful at common law, as well as contravening at least two statute regulations and the 5th April 2006 ruling by the Office of Fair Trading.

In light of the above, I do not consider your offer of £130.00 to be an acceptable resolution to this matter. As this ‘goodwill payment’ has already been credited to my account, I will accept it only as a partial re-imbursement of the amount owed and will revise the total of my claim accordingly.

 

To this end, I will expect a further £136.00 to be credited to my account as full and final settlement of my claim within the next 14 days. Failure to do this will result in court action.

 

 

If I hear nothing then it will be the LBA, hopefully they'll just pay up as £136 is only a drop in the ocean for them.....

[rulzi]

Just to let you know - I received the remainder of my claim (£136) paid into my account yesterday...

 

Case closed - victory to Rulzi, and I didn't have to issue or threaten any court action!

 

Hope others get the same treatment.