HSBC Here We Go !?

[martinsimon1]

Hi, I did my first letter to HSBC on the 14th March 2006, they responded with the standard 1st letter stating that they are looking into matters and will contact me with a full response as soon as they have completed their investigations. They also included a copy of their leaflet that explains how their matters are dealt with. This letter was pp'd on behalf of David L Johnson who seems to be the Customer Service Officer.

Looked on this site and found out that this is a standard letter, so i thought i will wait until the 14 days are through and then take the 2nd step. I received a 2nd letter today which also seems to be standard, it says that they thank me for my letter that requested a refund of all my bank charges since March 2003 (which totals £1308.10) it says that the bank does not agree with my contention that the charges are unlawful and are therefore unenforceable. it says that the contract between the bank and its customers is governed by their personal banking terms and conditions. It says that i should take note of clause 7.11 in section 2. It finishes saying that i will not be happy with the outcome of the letter and if i am not satisfied i should refer my complaint to the financial ombudsman service, as this is their final response on this matter.

What now, should i carry on with this claim? Is this the correct time to contact the moneyclaim site? if so is this when i calculate my claim with 8%? what is the chance of me succeeding with this claim? and what re the chances with the bank closing my account? Any response will be greatly appreciated as i'm a bit confused, thanks

[monkey_uk]

No, you now send them the letter before action, which gives them another 14 days to pay up.

 

After that letter, and only after that do you lodge a claim at MCOL.

 

Please keep us updated. Good luck.

[martinsimon1]

Thanks for that, do i send a letter to my branch and to the person that sent me the 2nd letter?

[martinsimon1]

Right 2nd letters sent out 1 to my branch and one to Mr Phil Beaumont in Leeds, here's hoping!!!!!!!!!!!!

[deliciosa]

sorry I know this is not the thread but where did my thread dissappear? please help.

 

martinsimon, good luck and let us know whats going on

[martinsimon1]

Still waioting for a reply from HSBC regarding my 2nd letter, got my statement for this month and they are going to charge me £125.00 this month, it's ridiculous!!!! I haven't included this amount in the amount i am claiming back, can i add it on later???

[circuit]

i had the same problem. i gave mr bowden a chance to refund it before i added it to the total, but that just gave him the opportunity to ignore the claim and only refer to the recent charge. my thread is here: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=750

[martinsimon1]

right, had my 3rd letter back from HSBC (Phil Beaumont) it reads as follows:

 

Dear Mr XXXXXXX

 

Ref: XXXXXXXXXX

 

thank you for your further letter

i can confirm that the bank's position has been clearly stated in our letter dated 27 march 2006. this letter constituted our final response with regard to this matter and advised that should you remain unsatisfied you have the option to refer to the financial ombudsman service as detailed in the leaflet provided.

 

yours sincerely

 

phil beaumont

senior service quality officer

 

Well fancy that another standard response, do i still wait the 14 days or do i start the moneyclaim now???

 

thanks for any responses as i'm getting a bit confused as nobody else i've read about seems to have received this letter

[martinsimon1]

Right the 14 days is up from the 2nd letter, i am going to download and fill in the 8% spreadsheet, there is just a couple of things i need to clear up before i submit my claim. I understand that i can claim for going over my overdraft fees, can i also claim against the interest they charge me at tha same time? also temporary overdraft limit fees of £20.00 every time they set up a temporary overdraft? also charges for recalling a standing order? also stopped cheque charges, i'm hoping somebody can clear this up for me, i'm also wondering whether or not i should open up a 2nd account??? thanks for any help

[circuit]

have you read the faq?

[jscouser2002]

Right the 14 days is up from the 2nd letter, i am going to download and fill in the 8% spreadsheet, there is just a couple of things i need to clear up before i submit my claim. I understand that i can claim for going over my overdraft fees, can i also claim against the interest they charge me at tha same time? also temporary overdraft limit fees of £20.00 every time they set up a temporary overdraft? also charges for recalling a standing order? also stopped cheque charges, i'm hoping somebody can clear this up for me, i'm also wondering whether or not i should open up a 2nd account??? thanks for any help

 

I am pretty sure not the temporary overdraft limit fees of £20, because that is a facility you have requested! Therefor you will of agreed to the £20 fee before they gave you the overdraft, so thats a verbal contract that you agree with the fee!

[monkey_uk]

Right the 14 days is up from the 2nd letter, i am going to download and fill in the 8% spreadsheet, there is just a couple of things i need to clear up before i submit my claim. I understand that i can claim for going over my overdraft fees, can i also claim against the interest they charge me at tha same time? also temporary overdraft limit fees of £20.00 every time they set up a temporary overdraft? also charges for recalling a standing order? also stopped cheque charges, i'm hoping somebody can clear this up for me, i'm also wondering whether or not i should open up a 2nd account??? thanks for any help

 

Charges for stopping a cheque - i.e if you write a cheque, then for whatever reason don't want them to pay the cheque, and you arrange for it to be stopped...

 

if this is what you mean, then no, you can't reclaim this as it is a charge for a service.

 

If however you mean the charge for when they bounce a cheque (i.e don't give the payee the money) then yes, you can.

 

Same applies for the standing orders fee.

 

The charge for arranging an overdraft cannot be reclaimed as it is a charge for a service.

[martinsimon1]

Right the 14 days are over so i am busy with my moneyclaim, Wow i didn't realise these things could be so confusing, i have removed the temporary overdraft set up fees and included my latest fee and started with my claim, now two problems, 1) i can't get the details of the claim below 25 lines (it has to be 24 to go through) and i want to make sure it is ok. here it is

 

I have a contract with HSBC dated March 2003

and which is conducted on their standard

terms and conditions. I am claiming the

return of money taken by HSBC in the way of

charges over the last 03 years plus the

interest they have levied on those charges.

The Bank's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair(Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have

repeatedly asked the bank to justify their

charges but they have declined to do so.The

claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8%

a year from March 2003 to 19-04-2006 of

£112.32 and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of 0.022%.

 

please let me know if this is ok, thanks

[monkey_uk]

looks fine to me

[neilloffhagen]

Have contract with HSBC dated March 2003,

which is conducted on their standard

terms and conditions. Am claiming

return of money taken by HSBC in

charges over the last 3 years plus

interest they have levied on those charges.

HSBC's charges are disproportionate

penalty and therefore unenforceable being

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair(Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. Have

repeatedly asked the bank to justify

charges but they have declined to do so.

Claimant claims interest under section 69 of

the County Courts Act 1984 at rate of 8%

a year from March 2003 to 19-04-2006 of

£112.32 plus interest at same rate

up to date of judgment or earlier

payment at daily rate of 0.022%.

Hi - I've removed some of the "the" and "a"s and other small words to reduce the number of words. Whether this will reduce the total number of lines not sure, but the meaning is still the same? It was 194 words, 1070 characters and is now 174 words and 996 characters

 

Neil.

[martinsimon1]

Right, claim posted today, let's see how it goes. I'll keep everyone in the loop!

[monkey_uk]

good luck, not that you need it!

[martinsimon1]

I would just like to thank everyone that has helped with my thread, case closed!!! lets just say i'm happy

[martinsimon1]

This topic was closed on 03/07/19.

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