Received reply from first letter

[MALCOLMGILL]

Hand delivered letter to Bank today will wait and see?

[BankFodder]

Which letter?

[MALCOLMGILL]

Delivered Premliminary letter from library. Up to now had no reply from Bank how rude.

[richardc]

Which standard letter?

[MALCOLMGILL]

Quote from Daily Post Friday March 24,2006

Sex Outed

An ESTIMATED 2m people have lost their sex drive as a result of worrying about money,a survey showed yesterday.One in five people who said financial problems had affected their relationship said the issue had hit their sex life..

According to insurance giant AXA.

[MALCOLMGILL]

Received reply from first letter sent.

Dear Sir

Blah Blah Blah Blah The Bank does not agree with my contention that the charges are unlawful Blah Blah Personal Banking Terms and conditions clause 7.11 in section 2 Blah Blah are clearly stated in published price list blah blah refer to Financial Ombudsman Service this represent our final response on this matter.

Not even a real signature?

Hey did anyone see the article on page 2 in today’s Daily Mail

 

Quote:

The OFT has concluded that the charges are unfair under the Consumer Contract Regulations 1999 coupled with case law dating back to 1914.

Quote:

Clare Whyley, of the National Consumer Council describe the current charges as 'completely unreasonable' She said 'They are a penalty and a punishment rather than a true reflection of the Banks costs.'

Quote:

Consumer group Which? said:'The reality is that these Bank charges are illegal and unenforceable.'

 

 

 

Preparing to send letter before claim.

[BankFodder]

No I didn't see it. Any chance of a scan?

[MALCOLMGILL]

Sorry unable to scan at moment?

[Spiceskull]

I'll scan it to you once I get my scanner working, although James has typed it in here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3235

[MALCOLMGILL]

Dont know if this will help anyone my letter before claim will deliver to branch tomorrow.

 

[your address]

 

 

 

[their address]

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

Thank you for eventually sending me your standard response letter I note that even the signature is not real!

I now realise that no one has even looked at my statements which also have charges that were taken even though I was in credit, are these lawful as well? Although you might not agree with my contention on this matter I must draw your attention to the article in the daily mail on Sat 1st April which states.

The OFT has concluded that the charges are unfair under the Consumer Contract Regulations 1999 coupled with case law dating back to 1914 these state that charges must be proportionate rather than used as a penalty to punish delinquent customers or a ruse to boost profits.

It will announce a final verdict on Wednesday 5th April with a view to forcing the Banks to slash fees through the courts.

Also I did not receive any terms and conditions when I opened this account.

Therefore there is a doubt that you are in fact correct in your findings.

I wish to clarify this situation through the small claims court procedure and look forward to your defence on this matter.

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 and expertise as my fiduciary.

 

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 require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

I am unsure whether I wish to remain with a Bank that levies unlawful charges, and would hope that as a long standing customer that you refund these unlawful charges immediately.

 

Yours faithfully,

[Spiceskull]

No I didn't see it. Any chance of a scan?

I scanned it to Bookworm yesterday...

[MALCOLMGILL]

Don’t Panic! The only way I can see that you will get you money back from the Banks is by pursuing it, follow the step by step guide in Library issue court proceedings if necessary their not going to just give it to you?

They have no defence now after today’s OFT ruling their not just back pedalling they have fallen off!

I Hear and I forget, I see and I Remember, I do and I understand.

[MALCOLMGILL]

Received reply from letter before action.

Blah Blah our last letter constituted our final response with regards this matter

(Ok why have you sent me this one?) So strait to money claim then or give them full 14 days? It’s looking to me that the Banks will probably see who will actually go to court and then pay up. Did you know that no letters are opened at the Branch unless they are addressed to a specific person or the Bank Manager by name other wise they are collected and opened at another place. I am opening another account tomorrow but is it with a Bank that has unlawful charges?

Tip) for new members,

Register your names go straight to FAQ and print off,

Go to step by step guide and print off,

You now have hard copy to look at as many times as you like with out having to search site for info.

[MALCOLMGILL]

Have issued court claim today online have open parachute with another Bank that has unlawful charges! couldnt do spread sheet so have just gone for charges.

Had trouble with Moneyclaim site accepting ammount?

Particulars of claim hmm!

Still lets see what happens best £30 quid ive spent yet and used there card as well to pay! will come up on statement as Moneyclaim tee! hee!

[MALCOLMGILL]

Why has the Link been removed from Martin Lewis page??

[dave]

I have no idea - I didn't even realise that it had been.

 

Perhaps you could email him and let us know the answer?

 

I hope that he doesn't think that we've trod on his toes with the Consumer part of the site.

 

That wasn't our intention at all - we are all about the legalities of what big firms do to people, not about finding the cheapest way to do something and saving money.

[MALCOLMGILL]

Have received Notice of Issue am now waiting for response from HSBC.

When I sent Preliminary letter I also looked through my credit cards one totted up to £120 in charges one came to £50. I had paid this online 5 days before it was due as required, the payment was taken immediately from my Bank account HSBC in their wisdom didn’t process until the following day ?result £25 slap on wrist !

Rang up credit card Company complained! Unlawful charges told this was their policy so!!!!! Boshed off two letters to them at the same time, received standard reply, Boshed off 2 Letter before action Received standard reply?

Yesterday received 2 letters will pay full refund £120 and £30 back for other.

[jonni2bad]

Good stuff.......

 

Keep us updated with events

 

John

[MALCOLMGILL]

Have received Acknowledgment of service of claim from DG Solicitors signed Deborah D’Aubney. They have indicated that they intend to defend all of this claim.

Question why is it being heard in Northampton County Court and not in my local Court? Letters were sent to Branch and Mr Pretty in Leeds I live in the Northwest can I have this County Court changed? I shall ring up and find out.

I have realised how important this site is there are many people anxious over taking there Bank to court and are looking for many answers to questions I agree sometimes people are lazy or don’t have time to post comments or successes, but hey make time any information will certainly help someone? If you have gone through the process and was successful don’t just send a book token give help and encouragement to others on this site.

I never thought that I would see the day when I would be taking my Bank to Court even if I lose I am glad that I caused them some stress they have robbed me blind for years. I remember going 68p overdrawn once and received a letter which they charged me £12 telling me I was 68p overdrawn! this was in the early 80s when I was unemployed and living on £13 a week yes £13 a week with 2 kids, its been going on for years think of the money they have taken in that time but now the worm is turning and is going to bite them on the a*** Rant over……………

[irv075]

It automatically goes to Northampton County Court when you file with Moneyclaim because that is the court that handles the online claims.

 

If it gets as far as an actual court appearance then the case will be transfered to your local court (because your case is against a company - if it was against an individual then it would be their local court).

[LouizeM]

Keep us up to date with this. Seems we are in tandem on this one!

[MALCOLMGILL]

Received letter from DG Solicitors with dodgy signature and no name of who actually sent it. HSBC are entirely confident charges are reasonable blah blah however mindful of management time blah blah small claims regime, commercial reason, blah blah no liability blah prepared to make payment of xxxxx blah blah ex gratia payment strictly confidential and want me to sign it don’t know whether I can agree to this what do you think ?

[MALCOLMGILL]

Received letter from DG Solicitors with dodgy signature and no name of who actually sent it. HSBC are entirely confident charges are reasonable blah blah however mindful of management time blah blah small claims regime, commercial reason, blah blah no liability blah prepared to make payment of xxxxx blah blah ex gratia payment strictly confidential and want me to sign it don’t know whether I can agree to this what do you think ?

[neilloffhagen]

Received letter from DG Solicitors with dodgy signature and no name of who actually sent it. HSBC are entirely confident charges are reasonable blah blah however mindful of management time blah blah small claims regime, commercial reason, blah blah no liability blah prepared to make payment of xxxxx blah blah ex gratia payment strictly confidential and want me to sign it don’t know whether I can agree to this what do you think ?

This is really your own call. If they are offering you the full amount, are you prepared not to discuss that with anyone? I'm not sure that I would be able to agree to full confidentiality, but then I've not had such an offer as yet. Maybe that will come later? The ideal would be to write back, thanking them for the money which I'm happy with but can't accept any confidentiality agreement. Others here can probably give you a template for such a reply.

 

Neil.

[MALCOLMGILL]

Has anyone seen the claim form and response pack that the Banks receive? I have, the claimant receive a single paper Notice of Issue after the court claim is filed, there claim form is the one they sign saying that they intend to defend all of this claim also on this form

Under:

Please read these notes carefully it says

Registration of Judgement: If this claim results in a judgement against you, details will be entered in a public register, the Register of County Court Judgements. They will then be passed to credit reference agencies which will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. A list of credit reference agencies is available from Registry Trust Ltd. London.

This would be a bit embarrassing for them.

I can’t see any Bank defending in court unless they were 110% sure that they would win……it’s a bluff