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    • Hi Bankfodder thank you for your interest and your comments.   There are issues with ground rents AND service charges. In my case, non residential, not eligeable for Tier 1 tribunal so there is no possibility of holding the leaseholder to account for unreasonable service charges because of the loophole below. Even if it is residential see Richard Barclay and others quoted in the article above. You win the case about unreasonable costs yet have to pay the leaseholders court fees for loosing their case! Criminal!!!   From the article I quoted above.  'The Times reported that last year leasehold owner Richard Barclay successfully recovered £1,200 of a £10,100 service charge from the management company in respect of his central London Flat. But the victory soon turned sour when Barclay was hit with a bill for £61,300 in legal fees by Quadrant Property Management who takes care of the building.   The loophole is contained in the majority of leases which typically allow freeholders to recoup their legal costs from leaseholders, even if the freeholder loses the case. There is no parallel right for leaseholders to claim costs back.    
    • The online retailer wants to buy the brands, not their shops, suggesting any deal would cost jobs. View the full article
    • I have gone through nearly the whole sar return, it is very large. I am confident to say there is no mention of a default notice within it. 
    • Change Zoom to Online as Zoom is only one platform, and they might use another, it has become the accepted terminology, but best not to refer to a specific platform.  Otherwise looks good The rteal devil of Simon's claim is that he is trying to imply a contract that depends on a Prohibition for Consideration, And its one sided as the person he is binding has no benefit from the contract, apart from paying £100 for the privilege of stopping however briefly.  a nanosecond, a minute 30 minutes kerching that'll be £100 or else.  Simon has also invoiced cars stopped at a Zebra crossing with people crossing at an airport.
    • When she rang BT did she just "mention" about cancelling her Bb contract or did she actually tell them to cancel it?   I've just renegotiated my Bb contract with BT (I know they're useless but I can't be bothered doing too much work to look at any other provider) and I've managed to save money plus they are meant to record 'phone calls and I know (because I spoke to several different call handlers over two weeks) thatthey take very accurate notes of their conversations with customers.   She needs to find out if she actually did cancel the contract.  (I'm sure others will suggest doing a SAR).   Also what sort of contract did she have with BT?  Presumably it included Bb, mobile phone and Sky?  If the contract had just renewed, BT should have emailed her confirming contract details including duration, how to cancel and cancelation fees.  They've just done this for me for the contract I renegotiated two days ago.   EDIT:  It's not clear, but are you saying she's been charged £800 cancelation for Bb or are you saying shae hasn't paid them £800 she owes on her phone?   She ought to be able to look at her BT account online to see what she owes and how her bills are made up.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Digger v HSBC - Victory!!!!


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Hi everybody!

As a newbie to this forum ( not fighting HSBC, won several complaints ), I read now for days through all the FAQs and comments. I am ready now to grab the bull by the horns and claim unlawfull charges for the last 10 years back. But I can't find the address of HSBCs control officer. Can somebody help me?

Many thanks in advance!

Data Protection Act/ SAR - (Subject Access Request) send 1/ 7/ 06 recorded del. now waiting!

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Welcome.

You can only go back 6 years,

Send your letter + £10 fee to the Data Controller at HSBCs registered office or take it to your branch (get signed receipt for letter and fee). They will forwrd it by internal mail.

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Hi everybody!

As a newbie to this forum ( not fighting HSBC, won several complaints ), I read now for days through all the FAQs and comments. I am ready now to grab the bull by the horns and claim unlawfull charges for the last 10 years back. But I can't find the address of HSBCs control officer. Can somebody help me?

Many thanks in advance.

:confused:

 

you can only claim back 6 years at the moment, as long as you follow the faq's and guidelines, you will get your money, oh and

 

Phil Beaumont

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

Ls11 Opp

  • Confused 1

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Hi there,

I post the

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account No. xxxxxxxxx Sort Code: xxxxx

Account No: xxxxxxxxxxx Sort Code: xxxxxx

Account holder. xxxxxxxxx

Address. xxxxxx

Whereas I have been a customer of xxxxx Bank since xxxxxxxx and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Faithfully yours

to this address

Data Controller

HSBC Bank PLC

8 Canada Square

London

E145HQ

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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Thanks again everybody.

I have my DPA/ SAR ready to mail tomorrow and keep all of you updated on my progress. Its time we " Common People " ( lol ) make ourself heard!;)

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Digger,

The letter posted by Irina is a Section 10 DPA letter, which is if you have been defaulted.

 

If you are merely asking for your transactions (ie charges) for the last 6 years you need to send the DPA Subject Acess Request letter here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-data-protection-act-subject.html

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Thanks Michael.

I thought so and posted the right one today. 40 days from today and I am in business. Not only for the money ( even a nice bonus ) but to get my selfesteem back after been treated like rubbish by HSBC when I needed help due to long illness! Its payback time!

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but to get my selfesteem back after been treated like rubbish by HSBC when I needed help

 

And don't they just make you feel like **** when you phone them! This comment just summed up my feelings right now! Go Digger!

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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Hi Hedgehog.

I didnt even Had to phone them to feel like ****, they rung me up to 10 times a day to rub it nicely in that I owe them money and when I complaint about the amount of calls, was told that its my own fould coz I owe them money!

Got them shut up with the banking ombudsman and a thread to take them to court for breaching the Harrasment Act 1992!:lol:

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good on you....going to look for your thread on harrassment as I am sure I could do with that...although they don't phone me anymore...I started to refuse to answer their security questions telling them that I don't believe they are from the bank, or just saying "no, I don't want to!" they are not allowed to discuss your account with you unless you do, I was actually beginning to enjoy being awkward and they stopped calling.

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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I wouldn't have mind one courtesy call a month Hedgehog, but 140 in two weeks every month? Even if I discussed my problems with one person, an hour later the next rung for the same problem again. I was a nervous wreck. To be honest, english is not my first lingo and I learned it on building sites, first of all the F words, but not even them worked on HSBC.

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you can only claim back 6 years at the moment, as long as you follow the faq's and guidelines, you will get your money, oh and

 

Phil Beaumont

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

Ls11 Opp

 

Hi Maverik.

Could do with some help again, so more I read, so more I get confused! I know I can claim the charges, but what about the Total Charges and the interrest?

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When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the 2nd one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother

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Thanks Michael. I am charged several times £ 25 as Total charges, adding to the other charges. What about that money?:confused:

 

yup take that aswell, total charges refers to being over your overdraft limit, they have a charge per day (maximum of 5 days per month i think) so they add these up every month and call them total charges

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Hi everyone.

Now here is a goody! HSBCs answer! Listen to that:

Thank you for your letter dated blah blah. We will forward to you copies blah blah.

WE are happy to waive any fees for the production of this information and we return your payment.

Hows that? Did they finaly get the message, or just scared?:)

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  • 2 weeks later...

Here we go! Just worked out they owe me £ 1185, when I had a letter from them today. Telling me to pay back my overdraft within 14 days. When I rung them I was told only a managed loan is possible for me now or court action.

Putting the thumbscrews on, the B?:£$&s!!! Now they picked a fight and it will hurt them!

Could anybody please let me know what a schedule sheet looks like? I am only a humble forklift driver!

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  • 2 weeks later...

Request for repayment letter send 21/ 7, so the deadline is friday 4/ 8. No answer so far, so it looks like they want a fight. I will post the letter for action friday and see what comes out of it. I get it realy badly, they pull the thumbscrews tight now, canceling the overdraft etc. but nevertheless, they owe me! NO SURRENDER!

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schedule of charges is just the spreadsheet thingy with all your charges listed..

HSBC

09th June 2006 - Data Protection Act Request

21st June 2006 - Acknowledgement from HSBC

30th June 2006 - 33 letters arrive - 6yrs statements

01st July 2006 - Preliminary request for £2868.24.

12th July 2006 - HSBC offered me £1995, I declined.

17th July 2006 - LBA sent, now £2970

01st August 2006 - MCOL for £3778 (inc 8% + fees)

08th August 2006 - HSBC defending ....

31st August 2006 - SETTLED IN FULL - Wooooooohoooooo.

Halifax

09th June 2006- Data Protection Act Request

22nd June 2006 - Acknowledgement from Halifax

08th July 2006 6yrs statements arrive.

10th July 2006 - Preliminary request for £1393.08.

21st July 2006 - Halifax offered £115, I declined..

24th July 2006 - LBA sent, now £1421.

08th August 2006 - MCOL for £1822 (inc 8% and fees)

16th August 2006 - SETTLED IN FULL - woooohoooo

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