how to take legal action against hsbc?

[noddy997]

I have finally photocopied all the letters i received from HSBC associates. Some receipts showing I depositied the money and the letter showing the error the bank has made written by a branch manager!!

 

I forgot to add Fenton Cooper DCA to the above list lol, and the solicitors are called "Nelson Guest & PArtners Solicitors". Something different from the usual D&G I have been reading about on here.

[spartathisis]

So 6 months on you STILL have not done anything? You cannot be a full time student & unemployed, one or the other.

 

You can put a claim in for as much compensation as you like, it does not mean you will get it. I get the sense you do not understand that you will be liable for HSBC costs if you lose if claiming over £5,000. If you are a student or unemployed why would any bank give you a mortgage? Are you sure this is not why they show you the door?

 

I'm all for helping people, but so far you appear to have ignored all the good advice senior members of the site have given to you.

[noddy997]

you do not need to be working to get a buy to let mortgage. you need to show you got a deposit, which can be saved from working previously.

 

a buy to let mortgage dear friend, is purely on the basis you let the property out. i did get the mortgage and the house and its let out.

 

the issue was the default, whioch if you have read carefully i have mentioned previously. i didnt go to the bank for a mortgage pal, i went to a broker, and several brokers actually. the bank put a default on my credit file.

 

 

exactly which advice do u want me to take? going via the fos is a time consuming and long procedure they deal with complaints and not entirely compensation.

 

i doint see why i should sit back when hsbc screwed me over for a possible of 6 years. it start in dec 2010 and would still have 4 and half yrs for the default to ended, it seems like your a person that isnt bothered about such things...

[noddy997]

i have wrote a 1100 word letter, lol, and copied 14 pieces of relevant evidence to be included!!

[spartathisis]

Still don't understand why you came on here. You have not listened to the advice given and you seem to know it all already.

 

It would appear all you want is 'compo', good luck with that one. Pal.

[noddy997]

Your item with reference ZW6378****1GB was delivered before 07:36 on 26/03/12.

 

As the item was redirected, it will have taken longer than usual.

 

I sent the letter on the 22/03/12 to the Leeds address. But on the royal mail site it says its been redirected and delivered on the 26/3/12. I rang royal mail up, and all they will tell me is its been redirected to HSBC somewhere in Coventry South. Apparently mail is only redirected if the company has moved. WTF is this??! :s

 

The imbecilic woman on the phone from royal mail will not give me the redirection address due to "data protection" nonsense despite me having an address in the first place to send the letter. Secondly I cant claim the cost back for "redirected" items. ITs a nonsense.

 

The leeds address I got off this site and on the hsbc site, so is that incorrect??!

[noddy997]

UPDATE:

 

Good news, the senior manager from the hsbc quality team rang me this morning saying that it was their fault, and all necessary action will be taken to remove the default and sort it all out with the debt collection agencies. (The day after I sent the letter I received another DCA letter asking for the money).

 

Juicy bit: He said to me I mentioned compensation, and he has asked me to provide a breakdown of all costs/figures that I would like to be compensated for and then we can work around that figure - thats what he said.

 

So am pretty stuck on this bit now. He has admitted its their fault and that and it shouildnt have happend and was very apologetic. He is absolute adament that they want us to come to some form of an agreement (He also agreed I would have been in the deep end for 6 years!) And thats my strong point against them and he clearly knew this.

 

So how much do I ask for?

 

My costs: from small costs to fuel and parking to postage to printing, wasting time at several mortgage brokers, nearly got ripped off by an online mortgage company who was forcing me to sign, down to the biggest effect - being depressed (it was on the week of my birthday!!!).

 

Any advice on how to go about figures or other advice would be greatly appreciated!!!

 

Many thanks all!

[noddy997]

update: i have been liaising with hsbc and they have gone cold on me for the last 2 weeks!! grrr

[Old Cogger]

Thats sounds like HSBC - limiation loss to the company springs to mind???

Edited May 15, 2012 by Old Cogger

[noddy997]

lol what do you mean Mike?

 

I wrote a letter today and going to post now saying I havnt received a response to my expense breakdown! I post by special delivery so it tells me on RM site when hsbc get my letters even though it costs me £5.90.

[Old Cogger]

Get that letter off to them, keep copies of admissions, what I was getting at depends on the amount you may submit to them in respect of Restitution, if great they will do their upmost to limit their liability to you.

Edited May 15, 2012 by Old Cogger

[noddy997]

Yeah I got copies and that. I am hoping they give me something it was a lot of hassle. And also is a lot of hassle recalling and liaising with hsbc.

[noddy997]

Ok I got a call this morning. "Senior manager" said they dont see how am entitled to any compensation, despite providing evidence for £70-£80 worth of costs as they gave a £216 discount on the overdraft (this is the same £216 that was a default). I said I dont see how that comes into context as it was that £216 that caused the havoc in the first place. Then he was like let me speak to my supervisor and see if we can refund you £200 for costs (if he is a senior manager why does he have a "supervisor"?). They said we can do you £200 and will send that out as an agreement in the post. But if you aint happy go to fos.

 

Fos even states for distress and time spent you can get £10 an hour multiplied by number of hours. In fairness this was a week's distress so 24 x 7 = 168 x £10 = £1680.

 

Am in a total sh!t position now. Can I not skip fos and go see a firm of solicitors to take this matter further? Because am fearing fos will either support them or just not do much and waste more time?

[noddy997]

he said last thursday he was going to send me a letter and letter of settlement i stil havnt received it yet. honestly this is a joke

[noddy997]

bump

 

still not done nothing since last update and hsbc have not replied.

 

read on someone else's thread about natwest, the best way is to go via small claims court the online route?

 

Any tips/advice please?

[noddy997]

ok online cliam just submitted for £5000. But knowing hsbc they will try and be difficult and counterclaim or something!!

Edited July 25, 2012 by ims21

[noddy997]

Update:

 

Received a letter today from DG solicitors saying they will correspond with their client in regards this, but in the meantime have asked me to provide them the letter stating the 25% discount of the the whole £867 balance as demanded on the 27th September 2010. (The original letter I have lost but got one from a branch manager stating the offer was made and it is their fault as it shows on their system).

 

So they have corresponded with them to know when final demand was sent out...

 

I tried ringing the number on the letter it goes to an employees personal line and not a switchboard, however that person is away until tommorow.

 

I am not happy about copying, printing and posting all over again simply because they cba to get the details from their client when they have all the details anyway.

 

Do I liaise with DG or do I wait for them to come back to me and the Small Court?

[noddy997]

any advice?

[noddy997]

spoke to DG today.

 

The person dealing with the case said they have seen the letter I got from the HSBC branch manager confirming the error and the offer details made. But she wants to see the original letter sent out to me making the offer in September/October 2010 which I misplaced.

 

Can they use this against me bearing in mind I have a letter from the branch manager confirming the error and the offer details and admitting it is their fault?

 

She also tried asking me why you asking for £5000, I evaded that question, because they want to pay peanuts for ruining my credit worthiness and worse case scenario if they offer something low hopefully I can get the judge to make a fair/better judgement?

Edited August 3, 2012 by noddy997

[supasta1]

If you have the letter from the manager then it does not matter that you have not got the original, they can not use that against you.

 

 

 

If they ask why you want £5000 just tell them that is the figure the law has found to be acceptable for damaging your credit worthiness, simple!!

[supasta1]

Don't be shy in quoting Durkin's case to them

[noddy997]

I got a letter from the Court today service of acknowledgement letter. The DG solicitors have said "they will defend the whole claim".

 

Also attached was someone elses claim form with a different case number to mine and different details (ouch lol)

 

Sorry who is Durkin and where can I find his case? I have seen lots of people mention "Durkin's case" but havn't followed this up!

 

Edit: found it. Is the case still on going though? Blimey didnt know you have to pay for something you have returned well within the 30 day period...rather give that money to charity!

Edited August 4, 2012 by noddy997

[Old Cogger]

Are you saying DG solicitors have sent somebody elses claim form or the courts have,, if it is DG solicitors you can report them to the Regulators, as they are repeatedly sloppy in case work.

[supasta1]

The case is going to the supreme court but not the part covering damages for damage to credit worthiness. That part was not appealed so is very valid.

 

You have been talking to Durkin quite regularly on a different thread

[noddy997]

Yes I just noticed! (Not been paying attention). So he got compensation for damage to credit worthiness? Also when issuing my claim my word wasn't that great but I mentioned the key points: admitting fault, giving an offer of settlement then negligence, harrassment via DCAs and so on.

 

@ Mike770 - it wasnt DG solicitors but the actual court themselves! Lol they got away again..