Scampjet V HSBC

[jumpjet]

Hello everyone

 

After a reading some of the posts over the past week, it really brings it home to me how much the banks are making out of people. I have calculated that I have paid £2399.00 since 2001. I have sent my preliminary letter and schedule of charges and recieved a letter this morning saying they will reply again within 5 days after making investigations. This falls within my 14 day deadline.............I suppose this means that they are taking it seriuosly!

[jumpjet]

Hello everyone

 

After a reading some of the posts over the past week, it really brings it home to me how much the banks are making out of people. I have calculated that I have paid £2399.00 since 2001. I have sent my preliminary letter and schedule of charges and recieved a letter this morning saying they will reply again within 5 days after making investigations. This falls within my 14 day deadline.............I suppose this means that they are taking it seriuosly!

[dolly]

Good luck, keep us updated

[thewifeandI]

Hi - start a post in the HSBC forum if you haven't already - you'll get the best advice and support from fellow claimants in there!

[the_fiddler]

Hi - start a post in the HSBC forum if you haven't already - you'll get the best advice and support from fellow claimants in there!

 

theres an hsbc forum? nice where ?

[Rooster-UK]

Hi Fiddler.

 

I've just had a look down the index and look what I found.

 

THE H.S.B.C. forum. Just click the link......

Then start reading, starting with the FAQs.....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/

 

[jumpjet]

Scampjet v HSBC. more advise please!

 

I have recieved another reply from HSBC stating basically that they are right and I am wrong. They are saying that the OFT ruling concerned only credit cards and that thier charges are justified. I have just dowloaded the lba template, but would like to know if there is anything else I should do before sending it and also, they say that I should continue to contact them via their internal complaints proceedure. should I do this aswell?

[HSBCrusher]

This is all designed to put you off.

 

I got £3500 of this bunch, I ignored all the "red herrings".

If 14 days are up, press on with your letter before action!

 

Crusher

[jumpjet]

Hello all! more advice needed please.

 

I have recieved a letter from HSBC and they say that their charges are fair and the OFT ruling applies only to credit cards. I have read in one section of this site ( can't remember which) that this is common. I am about to send the LBA letter to them but they are suggesting that I should take it to the next stage of complaint as per their internal complaints procedure. Should I do this aswell?

[callumsgran]

nah dont bother just go in with lba, stick to your timetable, good luck!

[Overdrawn]

Hi Scampjet

 

This is YOUR claim, YOU are in control here, NOT them. Stick to YOUR timetable and the proven method used by thousands of people on this site.

 

There is no need to do anything other than send in your LBA. Simple. The LBA is suffice and shows you mean business, don't waste your time and postage with internal complaints procedures.

 

I had a successful claim against HSBC in March so I can tell you personally that you mustn't be tricked into doing anything other than by playing by the CAG rules ;-)

[jumpjet]

Hi all,

 

Hsbc has made me an offer of £2000.00 2days after LBA 14 day period expired. They have given me 10 days to respond. the reason for thier offer is that they are mindful of the costs involved defending the claim should it proceed to court. ( though they are confident they will win if they do)!

 

They have sent a form to claim the money in the form of a statment that the claim has been settled. I assume from this offer, that should I proceed to court for the full sum of £2,880. that they think I will win.

 

However, £2000 is a good offer. But now I have another problem. They wish to cridit my HSBC account with the offer within 7 days of recieving the signed statment. But I want the account to be closed. We have a DMP in place and because the offered payment to the HSBC is less than the agreed monthly payment, they have not closed the account as we have requested them to, but are debiting the account for the monthly payments of our loan account from it. As the amount of the DMP is not enough to meet the payments they are applying a recall charge of £30 per month plus interest to the account. As this has been going on for a few months, the overdrawn balance on our current account is now £750.00. We believe they have not closed the account in order to keep applying charges, as if the account is in debit it cannot be closed. Are we right? We have written to them to accept the offer under the condition that the account is closed and are prepared to accept that some of the money is used to pay off the current account balance ( less charges & interest) so that it can be closed and have asked that the remainder be paid direct to us by cheque. We think that the banks offer to pay directly into our account is designed to ensure that they still have control and will demand that the money is paid off our loan, so that they do not have to accept the DMP. Our thinking is that if the current account is clear of debt, there is no reason for them not to accept the DMP. Do you think they will go for this? Also, as they have accepted payments into the account under the DMP are they still able to say that they do not accept the agreement?

[jo5ephedward5]

i would write and accept the offer (should you not want the hassel of persuing the other 880 - however 880 is quite a sum and i'd be tempted to chase it all - after all it is yours!)

 

put in your letter that you require the funds to be paid in cheque madee out to you and under no circumstances do you wish to have it paid into your HSBC account - they should honor this and then you can still go for a DMP and do what you wish with the money

[jumpjet]

i would write and accept the offer (should you not want the hassel of persuing the other 880 - however 880 is quite a sum and i'd be tempted to chase it all - after all it is yours!)

 

put in your letter that you require the funds to be paid in cheque madee out to you and under no circumstances do you wish to have it paid into your HSBC account - they should honor this and then you can still go for a DMP and do what you wish with the money

 

Thanks for reply jo5eph,

 

I gave HSBC 7 days to respond to my request and said that I would settle upon reciept of funds..............Nothing yet though.........7 days up to day. Do you think they will be tied down to a timscale or will do things in thier own time? I,m wondering now if I,ve done the right thing! I don,nt want to go to court unless I have to!

[jumpjet]

Has anyone recieved any money from hsbc after an offer to settle? I have heared nothing from then since and so i think it will have to go to court even though I accepted (conditionaly). Are they waiting for my next move?

[Michael Browne]

Are they waiting for my next move?

 

 

Yes. You have keep to your timetable.

[jumpjet]

Ok.. so now I have to take my claim to court. It is a joint account, so do we both have to fill in the N1 form. I,ve had to wait a wile to get the £120 together:cry:

 

all advice welcome!

[Michael Browne]

CPR Part 19:

Representative parties with same interest 19.6 (1)Where more than one person has the same interest in a claim –

(a)the claim may be begun; or

(b)the court may order that the claim be continued,

 

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

 

 

Only 1 of you needs to be signatory to your claim

[jumpjet]

Thanks Michael,

 

I have copied the info for filling in the N1. Is there any 'legal speak' I need to include in the breif details section on the front, or is it just a general statement?

 

And 3 copies of my charges schedule?

[Michael Browne]

Brief details: Refund of bank penalty charges

Yes 3 N1 + 3 schedules

[jumpjet]

well I've done it now! .........Filed my N1 today.

 

I do hope it's not £120.00 wasted.

 

Apparently in my area (S.Wales) they have had so many claims of this nature that "if it does go as far as a hearing, It will probably not be held at my local court as they have designated a judge at Cardiff court for such cases!" I wish I could have claimed on-line though.......at the moment they are unable to process the claims for 10 days on average because of the backlog and sheer volume!

[claire78]

Why couldn't you claim online? Was it just the delay?

 

All will be well, it might just take a little longer

 

Good luck

[jumpjet]

Why couldn't you claim online? Was it just the delay?

 

All will be well, it might just take a little longer

 

Good luck

 

No.......................I hav'nt got a debit card anymore!...........HSBC took it away!

[jumpjet]

hello all,

 

Had a letter 2 days after I told the bank I was on my way to town to serve papers. They phoned about current account balance, but when I told her my intentions and that the bank had acted contrary to thier own advice regarding debt ( we asked for every kind of help thier leaflets suggested and got turned down on the grounds that we had a managed loan) she replied...."oH!" and with a few more mumbles said thank you and hung up. the letters they sent were obviously put together in a hurry because they were in the same envelope and consisted of: one option to make reduced payments on our managed loan account for the duration but reserving the right to amend the agreement at any time and all the while applying interest. Or a reduction on our present payments but more that the first letter. including interest and amalgamating the current account balance with the present managed loan balance. effectively a new managed loan, in which we would have paid them twice the original debt by the time its finished. they also sent us 2 shiney new debit cards which they took off us in August! Needles to say I have returned all the agreements and debit cards. I find it interesting though that as we followed their own advice to the letter at first, before we heared about being able to re-claim charges, as soon as I mentioned serving papers at court.................they offer us a carrot. I can only assume it is to try to cover their mistakes! Anyway, recived notice of service today and their 14 days is up on 14th DEC. I will carry on reading various posts to glean more info on what happens next........But any more input from the experts will be welcome!

[lateralus]

as you've probably gathered if you've read very many threads - when you receive your acknowledgment, it will state their "intend to defend fully" the claim. this then buys them another 14 days. but it also gives you the opportunity to get a name at dg and send them your schedule of charges. this has helped speed up the process in some cases - though not all. but surely worth a try. so, next thing to watch for is the service papers from the court and probably an acknowledgment. good luck. happy waiting - this can be gruelling at times - just keep reading to be infomed and maybe help some of the real newbies to get to where you are now.