My Story so far......

[dogz111]

Hi All,

 

Thought I'd let you know where I am upto so far.

 

Sent of DPA 11th June

Got statements just within 40 days but 4 months missing.

 

Wrote first letter demanding fees back on 30th July + reiterated the fact that 4 months statements are missing - No response.

 

Written final letter today demanding fees back + informing them that I will apply the missing 4 months if received, or I will apply to the court to get my missing 4 months statements.

 

Should HSBC ring me up for a settlement what would you deem reasonable to cover the missing 4 months statements.

 

I would recon full settlement for known charges (£473) + 1.5 per month extra, or should I force it to court and make them issue my statements ?

 

Cheers

 

Dave

[dinahjl]

Hi Dave,

 

They are already in breach by not issuing them, so reiterate that they are outstanding and are in addition to your current claim. The Court should demand they produce them. Dont get into estimates if you can help it - they owe you the statements and they owe you the money.

 

If they contact you by phone - ask them to put it in writing and do not discuss anything over the phone. Also avoid meetings at the branch - they use these as an opportunity to blind you with jargon and get you to agree to things. If you get it in writing, you have time to think it through - and ask for opinions on here too!

Keep your chin up - they will send the missing statements eventually.

[dogz111]

A further update:

 

I've had a letter back from HSBC today stating that they will refund all my charges (£473). Obviously they won't admit liability but will do it based on costs. On the bottom of the letter where I have to sign they have put £425 instead of £473. Either an admin error or rather naughty.

 

This leaves me in a bit of a quandary:

 

Should I just accept the offer of £473 and learn from the experience

 

or

 

Should I still push them for the 4 months worth of missing statement with a yet unknow value of fees ?

 

Cheers

 

Dave

[Spiceskull]

You need to claim everything that is rightfully yours. As Dinah says, do everything by letter, as you may need to produce evidence in court.

 

Regarding the missing statements you should write again, telling them that you INSIST they provide the information, and that you will be reporting them to The Information Commissioner for a breach of their legal obligations.

 

In the meantime you can estimate the missing four months, and reiterate that you require repayment of your claim in FULL. Should the bank provide the missing information before you raise your claim, you will, of course, amend your request to reflect the true total of penalties applied to your account.

 

Regarding the offer to settle - write back and say that you will accept only the full amount of your claim (which includes the estimate,) explaln how and why the figure is an estimate, and that if they are prepared to meet and settle the revised figure then court action can be avoided.