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Ruth Goalby v HSBC


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Actually, I have a couple of questions.

 

1. I have seperate charges for things such as card misuse, reversal of transaction etc, then I have a 'total charge' applied to my account too. Is this 'Total charge' a combined total of all the charges? I assume not, as the ' Total charge' is the same each month, whereas the 'other' charges vary.

 

2. When writing the letter, do you state the actual full amount of charges? ie I have ecrued 2909.50 in charges in the last 3.5 years (thats adding up 'total charges' and all 'other' charges). Will the bank work out how much should have been charged to me on my account, or will I have to work it out?

 

Thanks in advance.

 

Ruth

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Sorry, that last question doesn't make sense. What I meant to say was will the bank deduct what they are lawfully allowed to charge me, or do I have to work that out myself?

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Don't have a credit card, the card misuse charge is for using my switch/maestro card when I don't have the funds in my account.

 

Thanks anyway :)

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Are these charges in blocks of £18?

 

We were looking at these last night and thought they might be credit card charges although we were not sure

 

These are all from about 3 years ago when we were getting so many charges we lost track

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Hi Ruth,

 

The 'Total Charges' on your statement is in reference to the amount of Overdraft review fees (£25 each upto a max of £125 a month) which will be levied from your next statement. They are levied in addition to the card misuse and unpaid fees.

 

The bank is not legally entitled to claim the actual costs (if any) it incurred on the occasions it levied the charges, and it would not do so anyway.

 

I would advise you to start the ball rolling and write to the bank's head office customer complaints. There are template letters in the library, also here is a link to a copy of the letter I used to get my £700 back from HSBC if you want to use it: http://www.bankactiongroup.co.uk/forum/viewtopic.php?t=1213

 

Good luck with your claim and I would advice you to pursue the full amount owed to you - start a court claim if you have to and dont settle for any partial offer they may make to you.

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Thanks for your help everyone. With reference to the overdraft fees, are these not a set amount by the bank, who can charge what they like for providing that service? If so, I don't think I will be able to claim these back, will I?

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Storm, no they are not in blocks of 18. They range from 27.50 initially, and are now 100 every month. (sorry about the lack of pound sign, it doesn't work in this computer)

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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ALT+156 will give you the pound sign 8) It could prove useful when drafting all your letters... 8)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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£ aha, so it does! I do have the pound sign on MS word, have to go through the symbol function. :lol:

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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ALT+156 so much easier - and believe me, you will need to use it frequently.

 

But the obvious question is why your £ sign doesn't work. My first port of call would be:

 

Start Menu

Settings

Control Panel

Regional & Language Options

Set to English(UK)

 

This does depend on your version of Windows and that this is, indeed, the problem. Let me know how you get on.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The overdraft review fees are incorproated into the T&C's as being payable in respect of the contract being breached. The law regarding penalties would therefore apply to them. If the bank claims it was providing you with a further service when you exceeded your overdraft limit, then it cannot establish any entitlement to the charges it levied.

 

Charges for providing further credit under an exisiting credit agreement could only be levied if they were incorporated into the overdraft agreement (in writing) prior to the agreement being concluded. This is the requirement of the OFT in its determination promulgated under the Consumer Credit Act 1974 and is the law regarding the proper execution of overdraft agreements. The overdraft review, card misuse and unpaid fees were all incorporated into the agreement as being payable in respect of the contract being breached and, not varied.

 

All this is not really not relevant as all you need to do is send off you letter claiming back ALL the charges and to start a court claim if this becomes neccessary.

 

Good luck in getting your money back.

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  • 5 months later...

I have recently applied to look at my credit file. I haven't received it yet, but I strongly suspect I have default notices on there from other agencies that I hadn't been able to keep up the payments to. My question is can I apply to have these removed? HSBC have taken over 3K in charges from me, had they not taken those charges I would have been able to keep up my payments. Where do I stand on this?

Just to clarify, I suspect I have notices on there from HSBC, but also ones not applied by HSBC, but by others (for example I couldn't pay my car insurance a few months ago, a default notice was issued.)

 

Hope this is clear!!

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Whilst you should be able to get defaults lodged by HSBC removed, they will probably argue that they are not responsible for notices applied by third parties. To get these others removed you will have to apply to the organisations concerned, and if you can prove that your arrears were caused by HSBC's penalties they MAY be sympathetic...but more than likely they won't be.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Phoenix, I thought as much!

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Good luck though...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks. I am really feeling bogged down by it all now, I've got three other credit cards to get sorted to, just feels like too much.

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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ALso, why is it so important to know about manual interventions on the account?

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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I think its because if it ever goes to court....they could say that had to do lots of intervention on your account, therefore making their charges more justified.

 

What u need id ur file that shows all these charges wer automated and therefore did not cost them the stupid amounts they claim.

 

Anyone better informed could answer more confidently but Im pretty sure thats at least part of the reason :)

 

its best to be prepared.

 

good luck!

 

xx

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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Thanks Kazzy! I did mention it in my first letter to them, but they didn't confirm whether they did or didn't.

 

It just frazzles my brain :0(

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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also, its only really going to take a matter of weeks to claim and once u get ur money back...u will feel anything BUT bogged down. You'll be thrilled at the prospect of getting charges back from other accounts so please dont be put off.

 

stick to your guns...its YOUR money and its not gonna be long before u are clutching a cheque from the people who stole it.

Kaz :)

 

 

HSBC

claiming £2749 (£3400 with court cost & 8%)

mcol acknowledge 25/09/06

DG requested breakdown 5/10/06

Breakdown sent to DG 12/10/06

 

Yes Car Credit/Direct Auto Finance

CCA request sent 18/10/06

 

Whilst my aim is to be helpful, its reasonable to assume I am not a professional and am (dare I say) not always right. Seek professional help if in doubt

:-D

 

:lol: If i have intentionally or accidently said something of relevance or use to you, please click the scales:lol:

 

"A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain". - Robert Frost

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What u need id ur file that shows all these charges wer automated and therefore did not cost them the stupid amounts they claim.
That's about right - in asking for evidence of manual intervention you are really asking them to state, by omission, that the whole charging process is an automated one...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks both! I've since emailed HSBC about any manual intervention, but they've only acknowledged my email, but not got back to me yet.

 

Thanks

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Also, have there ever been any cases where it has been proved that there was a lot of manual intervention on their account, and thus they have not been able to reclaim the charges?

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Another question, sorry!

 

Im getting my MCOL ready to submit. In the particulars of the claim what should I put. I'm sorry its a really thick question, but I have a really nasty habit of these things turning round and biting me on the bum ;0)

HSBC - Received offer for 3621, accepted confidentiality crossed out. Money in bank 10/10/06!

 

Barclaycard - 180.00 LBA sent 5/10/2006

72.00 offered, rejected.

 

MBNA - S.A.R sent 13/9/2006 :idea:

 

Mint - 244.00 prelim sent 30/9/2006

 

Dorothy Perkins and GE money - S.A.R sent 30/9/2006

 

Simpley BE - S.A.R sent 30/9/2006

 

What I say is of my own opinion. Seek professional legal advice if need be.

 

If I have helped, tip the scales! Thank you x :)

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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