Bleebee vs HSBC

[bleeblee]

hi! i wrote a long letter to HSBC explaining my situation and asking for considering to remove my charges or give me an overdraft facility so i would be able to be in black (I'm still paying off one misuse of my account with different bank that happened 8 years ago - and i've been "good" since, i don't have any credit cards or loans). they sent me response "NO". i've decided to use your template letter to claim for last 6 month but because i manage my account paper free, i've asked them on three separate occasions to provide me with a total of my charges and interest for last 6 month (the first request was on the 17th ! of August). Instead i've received today letter not giving me the total i've requested but conformation that they are not going to refund me any money - quoting clause 7.11 in section 2 and told me to complain to Financial Ombudsman Services.

I've used your template to claim - step 1 - and instead of the total i insisted again on providing me the total for last 6 months and demanded refund of that (unknown to me amount).

I've also ask for a paper statements for last 6 months to be send to me by post.

Do you think there is a chance of wining with them!??

despaired Anna

[Spiceskull]

Best advice is to follow the step-by-step guide in the FAQs, and start by making a written request for all your notes and transaction history. Do not limit this request to six years, ask for it all. They will probably respond that they only have six years, and will send this anyway.

 

Next step is the preliminary request, asking for it all back. Last bit of advice - ignore anything they say to you unless it is a serious offer to settle your claim. It is your claim, and your timetable - they will prevaricate and try to put obstacles in your way. Don't let them. Good luck.

[bleeblee]

Thanks for your advice, i'll do that. have you meant 6 years or 6 months? i've requested 6 months - do you think i should go back? i've been with them for about 14 years.

Thanks again, your respond lifted my spirits a bit.

best regards Anna

[Spiceskull]

Ask for EVERYTHING they hold on you - a Full Disclosure Subject Access Request. This includes notes, transaction histories, evidence of manual intervention - the lot. By law they are obliged to provide everything they hold on you that is relevant to you (so they may not give details about a joint account for example...)

 

They will tell you, for certain, that all details older than six years will have been destroyed. Clearly this destruction is a processing of your data, and as such they should provide evidence and notes of this also.

 

The reality is that you will get six years worth of statements, little to no notes, and not much else. Don't forget to include the statutory maximum £10 administration fee with your request.

[bleeblee]

Thanks again, i've done as you told me. i'm keeping my fingers crossed!.

all the best Anna

[bleeblee]

Hi! i just thought i start new tread to keep all updates of my fight easier to follow.

1. i've wrote a pleading (pre consumeractiongroup forum) letter begging for some sort of understanding, help etc.- I'm finishing my PhD, worked all my life but due to bad credit history (from 7 years ago! - one still outstanding debt, I'm paying off regularly - only £200 left) no chance for a credit, or overdraft and additional charges that i got - because i had to go abroad for the funeral simply buried me. All i got was another kick below the belt.

2. EUREKA! discovery of consumeractiongroup forum. requested total of charges for last 6 month (i thought it was 6 months not years!) and after 2 weeks of waiting and additional 2 request i got a letter quoting Close7.11 section 2

3. Got excellent advice from Phoenix and requested a Full Disclosure Subject Access and send template letter asking for the repayment under s.7 and 13 of the Data Protection Act 1998 plus my costs.

 

 

how long they are allowed to take to produce Full Disclosure Subject Access?

wish me luck. since i've started, i feel they are really on my case but i'm not going to give up. i was trying to be friendly and open and all i wanted was to be understending in time of my diffficulties and it got me nowhere !

 

all the best to everyone and thanks for all the help and moral support

[bleeblee]

Hi! i just thought i start new tread to keep all updates of my fight easier to follow.

1. i've wrote a pleading (pre consumeractiongroup forum) letter begging for some sort of understanding, help etc.- I'm finishing my PhD, worked all my life but due to bad credit history (from 7 years ago! - one still outstanding debt, I'm paying off regularly - only £200 left) no chance for a credit, or overdraft and additional charges that i got - because i had to go abroad for the funeral simply buried me. All i got was another kick below the belt.

2. EUREKA! discovery of consumeractiongroup forum. requested total of charges for last 6 month (i thought it was 6 months not years!) and after 2 weeks of waiting and additional 2 request i got a letter quoting Close7.11 section 2

3. Got excellent advice from Phoenix and requested a Full Disclosure Subject Access and send template letter asking for the repayment under s.7 and 13 of the Data Protection Act 1998 plus my costs.

4. Got a response that their charges are fair and legal and my "comments" were passed to the relevant department (1.09.06)

 

 

how long they are allowed to take to produce Full Disclosure Subject Access?

wish me luck. since i've started, i feel they are really on my case but i'm not going to give up. i was trying to be friendly and open and all i wanted was to be understending in time of my diffficulties and it got me nowhere !

 

all the best to everyone and thanks for all the help and moral support

[Guest Niklowe]

Good luck, but you won't need it!

 

It's 40 days that they have to reply to an SAR.

[Spiceskull]

Good luck.

[traceyrmj]

i am on this road too so will follow this with interest ( altho not pentalty charges LOL) sorry!

[Spiceskull]

i was trying to be friendly and open and all i wanted was to be understending in time of my diffficulties and it got me nowhere

LOL - you need to deal with them in the only language they understand - the courts...

[HSBCrusher]

Hello!

All the best with your claim!

 

(please try to keep to one thread, it keeps the forum tidy)

 

Keep us posted

 

Crusher:D

[radiodan]

I think they have up to 40 days to supply the documents (check FAQ's to be sure), from there you can go all medieval on em

[HSBCrusher]

I think they have up to 40 days to supply the documents (check FAQ's to be sure), from there you can go all medieval on em

you are right radiodan, 40 days it is (sorry blee, I missed the question!)

[radiodan]

you are right radiodan, 40 days it is (sorry blee, I missed the question!)

I might just be getting the hang of this after all then

I read about your little battle last night Crusher, very interesting, I think I will be removing the confidentiality agreement when I take my payment as well.

[bleeblee]

i've send my LBA and I'm quite anxious what's going to happen. i was wondering how many of you got money without the court and how many had to go for it. i know it doesn't mean anything for me but i'll make me feel better - i hope.

all the best to all still fighting and congratulation to all those who wan!

[livelylad]

i've send my LBA and I'm quite anxious what's going to happen. i was wondering how many of you got money without the court and how many had to go for it. i know it doesn't mean anything for me but i'll make me feel better - i hope.

all the best to all still fighting and congratulation to all those who wan!

 

 

Six cases for me 2 went to MCOL none went all the way.

[deev]

I got a full refund after the LBA - they initially offered me 90% of my claim, but when I refused it they offered me the full 100% back so I didn't even have to do the MCOL. Am now claiming for the joint account so that may be a different story!

[Sarahp]

They dragged their heels on everything for me. No responses at all for any letters. Went to court and they defended which gave them even more time and then issued a defence at the same time as offering full refund.

I started my claim end of June and it has just been finalised now. Think it is luck of the draw to be honest.

Sarah

[steve_n]

Hi Sarah,

 

What was the basis of their defence ?

 

I've just submitted my Prelim, LBA waiting to go for £3,200+ getting more paranoid by the day that I'll be the 'first one' who ends up on the front page of the Sun and a slot on Richard and Judy show !!!!

 

Good luck, Steve x

[Sarahp]

Hi Steve

Here is the letter they sent me:

It lists 3 points:

1. The claimants accounts are governed by the defendants personal and / or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant.

Hope this makes sense to you cos it doesnt to me! Lol.

Sarah

[traceyrmj]

im suing as they seem to have forgotten to reply to my Prelim and LBA. they should be served papers by today and i will hear formthe courts before i hear form them no doubt.

[steve_n]

Hi Steve

Here is the letter they sent me:

It lists 3 points:

1. The claimants accounts are governed by the defendants personal and / or business banking terms and conditions.

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.

3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant.

Hope this makes sense to you cos it doesnt to me! Lol.

Sarah

Hi Sarah,

Looks like they are trying to delay - couple of thoughts !

 

The claimants accounts are governed by the defendants personal and / or business banking terms and conditions.As long as they are lawful !

2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list.Yes as long as it is deemed fair and reasonible given the actual cost(s) incurred by the defendant

3. It is denied that the fees charged for the services provided amount to a penalty or (if it alleged) a liquidated damages clause. It is denied the fees are an unfair contract term. The fees are an agreed price for a service provided by the claimant.Oh NO there not agreed, when did the claimant 'agree' these, also how can it be anything other than a 'penalty' as it is in excess of the actual costs incurred for administering the account.

These are only my thoughts obviously, but based on all the blurb I have gleaned from in here I am confident that they are sound 'thoughts'

Good luck, don't give up, don't be swayed or feel intimidated by the bank, there is stacks of info in here

[Sarahp]

Oh dont worry Steve they dont make me feel intimidated. Particularly when I cashed their cheque last week

[steve_n]

That's great then - I hope you cashed it at another back LOL

I'm still patiently sitting out the first 14 days from my prelim, LBA typed and ready to go - HSBC bring it on !!