kicking kay v Hsbc?

[kickingkay]

hi i am already in the process of stage 3 with the coop so i ahve posted this question there also,

now i have a Dmp with cccs of which i pay the hsbc for 4 accounts 2 loan 2 card anyway 3 of them have been handed over now to a debt collection agency (part of them to be honest) but can i still go for a claim back in charges if they have been passed over i do have the majority of my statements already and have to say on my card there is over 1000 in charges and % in jsut 3 months!!!!! (this happend when i could no longer meet required payments) but i think if i delve right back there could be more on the others to so can i shoulkd i

advice welcome

thanks

klare

[stephie]

Yes, most certainly!

[kickingkay]

This morning i have sat and worked out my current account for the hsbc of which they owe me £644. -£140 they refunded me already (when i moaned over the phone) these charges go back 51/2 yrs aas that is all that i can obtain online, however now they have passed over my loan and my mastercard account to collection agencies i cannot work out my charges i know for th mastercard there are thousands is it the same thing write and ask for a release of statments?

also they have caused me to go overdrawn by nearly £700 as they have been dipping into the current account to pay my loan(yes i did cancel all dd and so bu they reistated their so for the loan) where do i stand on this one?, am i able to claim this back to? or will they just refund my charges then start the whole process aagin????

many thanks

[kickingkay]

can you answer some thing for me,

the co op was easy small fry really and there was no % to calculate but i have been through my other accounts this morning and for just one account with the HSBC i have calculates £644. they refunded £140 recently, to our joint account from charges incurred on hubbys account before closing it so im claiming back

£644 ( + £115 in % this being the 8% to be added should i need to mcol) but the thing is since nov 2005 they have made me go overdrawn around 750 can i claim this back too? its just if they refund these charges to this account they will be swallowed up by the overdraft they caused and then there will be an opertunity for them to start the whole process again!

also i have also a credit card or did its now with the collection agency is it still the same prinicpal as bank charges? and will i go direct to hasbc to request my statements and make my claim to them?

at the end of the day i will only be using it to pay off some of what i owe to them anyway!

thanks very much

 

i have 1x loan account

1x credit card account

1x current account now in arreaers also

 

hubby has

1x credit card

1x loan

1x current account now closed

all of which i want to make calims back on

[HSBCrusher]

Hello Kay, lets work through this.

one account with the HSBC i have calculates £644. they refunded £140 recently, to our joint account from charges incurred on hubbys account before closing it so im claiming back

£644 ( + £115 in % this being the 8% to be added should i need to mcol) but the thing is since nov 2005 they have made me go overdrawn around 750 can i claim this back too?

 

They made you go £750? (Are your charges just the £644?)

 

its just if they refund these charges to this account they will be swallowed up by the overdraft they caused and then there will be an opertunity for them to start the whole process again!

 

I am afraid this is likely to happen, although you can use a letter of appropriation if you are really in dire straits. To get a cheque out of HSBC is very difficult, if impossible. A word of warning, if you do incur more charges and you claim again, they will close your account!

 

also i have also a credit card or did its now with the collection agency is it still the same prinicpal as bank charges? and will i go direct to hasbc to request my statements and make my claim to them?

 

yes and yes.

 

at the end of the day i will only be using it to pay off some of what i owe to them anyway!

 

Money well spent in my opinion.

 

thanks very much

 

i have 1x loan account

1x credit card account

1x current account now in arreaers also

 

hubby has

1x credit card

1x loan

1x current account now closed

all of which i want to make calims back on

 

Excellent, great news.

Keep us posted on your progress.

Crusher:D

[kickingkay]

Hello Kay, lets work through this.

 

 

Excellent, great news.

Keep us posted on your progress.

Crusher:D

 

 

hi thanks for that ok to explain overdraft situation,

in jan 2005 started DMP with CCCS opened new accounts etc, closed all so/dd but left enough money in there to cover one more payment or £250 ish, anyway CCCS attempted to pay the loan direct but Hsbc were not having this they continued to take the payments of £250 ish from our joint account evn after i had cancelled my S.O to them well the payments i was making via the CCCS were not enough to cover these original payments so they were taking the difference each month i had an overdraft of £500 (agreed) but they took me OD to £1000 anyway my payments via CCCs went up and my OD came down slighly but what they were also doing was instead of paying hubbys loan off from his account they kept tranferring to our joint account to make payments off my loan all with out our authorisation, so to date they have taken my in credit account to around £750 (without going online and checking) overdrawn

does that make sense lol, so what im asking is do i just claim for the charges or the overdrawn funds too and if so how?

thanks again

klare

[HSBCrusher]

You can claim for any unfair charge and interest on those charges. If you get as far as court with them you can claim an additional 8%. Thats about it.

[kickingkay]

update i have sent recorded letter requesting 6 yrs worth of statements for all 4 accounts!, however i did forget to send cheque so chances are i will haev to send it again, but we will see i ahve had statements from them in the past for the ILRev for 3 years and they didnt charge me

[HSBCrusher]

They returned my cheque.... so might be OK.

[kickingkay]

thanks

[kickingkay]

hi everyone, i sent my request for 6 yrs statements off to mr ian shepard asking for 4 separate accounts (2 current accounts and 2 credit card accounts)

this morning the postie handed me a ratehr thick wad of bank statements for only 2 of the accounts requested (the current accounts) so now what i have toted up total charges and for one account its £852.10 and the other one is for £2041.70, should i request these two together, separate or wait for the other accounts and whom should i contact to chase up these other accounts? (mr ian shepard perhaps???)

sorry to sound a bit confused i have previously took on alliance and leicester and won but that was so straight forward it was only one account!

gratefull for your help

klare x

[kickingkay]

update!

i have received a rather full envelope containing 6 yrs of bank statements for only 2 of the accounts in question, no credit card statements (any ideas what to do?)

i have now added up the charges on these 2 accounts and they come to £852.10 and £2041.70 now my question is should i go ahead and send off my prem letter for these two accounts combined? they both have hubbies name on so he could be doing it even though its me doing the running round (men!) anyway or should it be separate? i e 2 individual claims or should i wait and claim all 4 at the same tiem

im thinking i should go ahead with these two, combined, in hubbies name and then chase up the statements for the credit cards and do those separate

sorry thinking aloud pleae feel free to advise

thanks

klare

[HSBCrusher]

Are the other 2 accounts likely to take you over the £5k?

[kickingkay]

Are the other 2 accounts likely to take you over the £5k?

 

hi sorry only just checked this message, um if they pay before MAO then no it should be £3000 (just under) however if it does go to MCO then it might very well go to 5k what do you think should i add up all charges on the spreadsheet with % to work out how much there would be before sending off letter?

thanks

klare

[HSBCrusher]

The 8% and fees are NOT included in the claim limit, so no probs then!

[kickingkay]

The 8% and fees are NOT included in the claim limit, so no probs then!

 

what do you mean?? sorry its friday im still knackered lol

im thinking that if i put the claim in and it ends up i have to do a MCO are you saying that even if my & takes the account to over 5k it wont matter as thats fees etc, not the actual claim???? or does it all have to come in under 5 k fees included?

thanks

[HSBCrusher]

The limit only applies to your refund, the interest and court fees do not count towards this limit.

[kickingkay]

okie dokie i have recieved my credit card statements as requested however there are no charges but they upped the % on the card the minute we wrote to them explainning our financial difficulties from £5. pcm to £49.00 pcm can i calim this back???? or should i not bother

thankyou

klare

[kickingkay]

HI can you advise me please i have just got back my 6 yrs credit card statements, and although there are no charges the % alone stands at £2500 ish some of which well majority was slammed on when i wrote explaining financial diffculties my question is can i claim this back as excessive

or could i appeal to there softer side and claim it back on the principal my account was always cleared payments were always on time etc

what do you think its just it would really help to bring down what i owe them

many thnaks

KLare

[pwell01uk]

Are you talking about the interest rate e.g 1.45% per month?

 

If so, I would like to know the answer as I have received 6 years worth of statements from HSBC today and I am extremely confused about what I should be trying to claim back since there's interest, arrears charges, cardholder repayment protector & cash advance handling charge etc.

 

What exactly can we claim back?

[Guest bong]

HI can you advise me please i have just got back my 6 yrs credit card statements, and although there are no charges the % alone stands at £2500 ish some of which well majority was slammed on when i wrote explaining financial diffculties my question is can i claim this back as excessive

or could i appeal to there softer side and claim it back on the principal my account was always cleared payments were always on time etc

what do you think its just it would really help to bring down what i owe them

many thnaks

KLare

 

HI KLare - if there were no charges you can't claim back any of the interest. I think it is strange that you say that more interest than usual was applied when you wrote to them. They have to stick to their published interest rates. You also say that your account was always cleared - I don't think you would have been charged interest if this was the case. Or did you mean cleared over a time?

[kickingkay]

HI KLare - if there were no charges you can't claim back any of the interest. I think it is strange that you say that more interest than usual was applied when you wrote to them. They have to stick to their published interest rates. You also say that your account was always cleared - I don't think you would have been charged interest if this was the case. Or did you mean cleared over a time?

Hi sorry i didnt make much sense did i,

ok during the 5 yrs my card was usually paid in full after 3 months of use however from jan 05 i wrote to them explaining i would be unable this time to meet minimum payments the following month and subsiquent (SP) months the % was huge my debt at the time was around the £8500 its now £11100, they never slammed any late charges nor did they put over limit charges on do you think they did this up the % because its a safe penalty, i mean if you say you can not claim back any % if there are no charges then they wont charge but up the % then they wont be liable to repay it back iykwim and they still get their £ of flesh!, you can imagine the % i have incurred and i have still made payments each month

anyway thanks for your replies

kay

xx

[kickingkay]

as it clearly states HSBC have offered me a refund for all charges minus % (£273.79) which i feel is ok il give them that however................

i wrote to them about 2 accounts my joint account with hubby and hubby's account listing very clearly both account numbers and amounts claiming for

joint account was for £880 ish

hubbys £1958.39 both with hsbc now the problem is they have sent me their letter of final settlement but they have done the wrong amount for the wrong account they have affered this £1685. (£1958.39 - £273.79 %) for the joint account now that isnt what is being claimed there has been no mention on this letter about hubbys account nor the sum of £880 is sounds very confusing i know!

but basically the offer they have sent i cant surely except as it the wrong figure and mores to the point should i except foir the sake of £273. 79 now bearing in mind i havent as yet sent them my LBA as yet like planned as i have had some heavy family emotions to cope with so to be honest to get back £1685. would be fine so long as it was honered for the other account to £880 im after advise and the general feel what do you think

should i go for the total sum

oh also another valid point im in debt on my loan with hsbc for about 2.5k im concerned tehy will pay it straight into my account and get consumed when really it should be divided up to all my debtors equally so i will request a cheque have you all had problems in getting your cheques, sorry im still very stressed so if i sound confused i am i really need some strong sounding advise please

many thanks

klare

[Guest bong]

Hi klare,

 

I can only advise you what I would do if it were me, and that would be to hold out for the full amount, especially if its gonna help you to clear some of that debt. But the choice has to be yours and you have to choose whats right for you right now. As long as you are keeping up with payments to the loan, you shouldn't have a problem asking for a cheque. If you have defaulted however, it might be a problem but even then I'd still ask.

 

so here's my advice based on what I would do, and my understanding of the error they've made -

 

so you're at the prelim stage and the bank has offered £1685 on joint account against a claim of £880, and they've offered nothing yet on your claim of £1958 for h's account.

 

If your 14 day time limit is up, I'd send one LBA covering both accounts. Remove the bits in red if they don't apply to you.

 

Thank you for your letter dated xx/xx/xx offering a refund of charges of £1685 in relation to our joint account [number].

 

Please note that my letter of [date] requested a refund of charges totalling £880 on the joint account [number].

 

I am therefore assuming that a mistake has been made with the account number quoted in your letter, and that your offer of £1685 relates to charges incurred on my sole account [number] totalling £1958. If my assumption is correct, then I would point out that I am still awaiting a reply from you to my request for a refund of charges incurred on our joint account totalling £880.

 

I respectfully decline your offer of settlement of £1685 made in relation to the sole account [number] and request, once again, that you return to me all charges imposed on this account, totalling £1958.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity, expertise and fiduciary responsibility.

 

Joint Account

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

Sole Account

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money, by cheque, and removal of the default notice. If you do not comply fully within 14 days then I shall begin a court claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

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good luck:)

[kickingkay]

Bong! thankyou

klare