Bong v HSBC *Contractual Interest & 13yr claim**WON!!!**

[onetrackmind]

Bong, just wanted to ask, as you seem to be one of the most sucessful and determined authors on this site;

 

1) did any of the banks that you have challenged close your account/s?

 

2) How does it feel to finally get a good nights sleep?

 

Suffering from insomnia due to charges and small children but determined to get this right first time. Have thus far spent around 40hrs reading (yes I'm slow) but with so many threads to pull together in order to compile the right info, its gonna take time. At this point, in the last 6 years I know that I've been charged around £6k in bank charges and another £3k by credit card companies. I also know that I have statements for charges going back to 1994 up in the attic (yes, I'm a horder!) which will probably throw up another few thousand.

 

I guess what I really want to say bong is Thankyou for being sooo determined and showing me that there is light at the end of the tunnel.

 

Will be starting my thread soon...

[Guest bong]

good luck with it onetrackmind, with those figures I would be rubbing my hands together in glee. I have to say when my head hit the pillow last night it felt very different, no more rehearsing arguments for court and trying to think of other creative means of winning my case. Not one of the banks has closed or threatened to close my account, yet anyway, and neither did HSBC waste any energy on telling me the offer was conditional upon secrecy, the refund on my account last night said REFUND OF BANK CHARGES - not gesture of goodwill or any other such rubbish. They knew I wouldn't have it and that they needed to give me my money before Friday as they were fearful of the consequences of me going to court with this.

 

I have drafted up my letter to the District Judge. If anyone can think of anything else to add to it I will take a look, otherwise it'll be going in by hand this afternoon.

 

I refer to the above matter and the hearing scheduled for tomorrow (16th March) at 10:30.

 

I am required to inform you that the defendant has settled my claim with interest and costs, and that the hearing tomorrow, as well as the hearing scheduled for 27 April 2007 at 10:00, should be cancelled. My claim 6ED08929 is hereby withdrawn.

 

As an aside, I wish to bring to your attention some information which I feel may assist the court in the management of other similar claims for bank charge refunds. The defendant (HSBC) has settled my claim (with no admission of liability) for over 13 years of bank charges with interest on top, despite having lodged a defence that the claim was statute barred. The defendant has stated that the reason for this is that they had in mind the costs of attending court, however I would dispute this because they had already undertaken the preparation for the hearing (i.e. had drafted an amended defence, and had filed their witness statement and court bundle) and had lodged their own application to be heard at the same hearing (i.e. to serve the amended defence) over a week ago, and therefore had been planning to attend court until they received a copy of my letter to the court of 12th March, therefore there was something in my response to their defence/witness statement, which caused this change of position. I am writing this because I believe that I had a valid case to pursue a refund of these older charges under section 32 of the Limitation Act 1980, and that my response was material in the defendant’s decision to settle my claim. I hope that this will be helpful to the court in its determination of any other applications to strike out claims for charges which exceed the usual six-year period.

 

Yours faithfully

[givememymoney]

I like it excellent

[harvest]

Apologies Bong - I should ahve guessed you were a determined lady.

Congratulations all the same.

[Guest bong]

no worries

[bill-k]

I have drafted up my letter to the District Judge.

 

That is so typical of you, Bong, to think of the others who will be following you. That makes you a true lady, indeed.

 

Nevertheless, in view of some previous posts, and what you have done here, I have to say that I wish I had your balls, mate !!

 

Bill.

 

XXX

[TANZARELLI]

eh up are the avatars back on?

[Guest bong]

when I was in the business of winding-up companies, many moons ago, I had to deal with the receivership of a company called "More Balls Than Most"!!! funny that you should say that Bill:D .

 

great to have the avatars back, feels like we've all been brought back to life!

[bill-k]

eh up are the avatars back on?

Hey, Tanz - I see you got your ball back, then !!

[bill-k]

when I was in the business of winding-up companies, many moons ago, I had to deal with the receivership of a company called "More Balls Than Most"!!!

 

I reckon you must still have some of their old stock, then, mate !! One of the perks of the job ?

[givememymoney]

Not sure what is going on Bong but something is giving people the impression that you are a man!!!!!!!!!!!!

[Guest bong]

I think it must be my "shy and retiring" nature as Glenn puts it:p

[givememymoney]

Maybe now the avatars are working the confusion will die down! "shy and retiring" yeah right!

[bill-k]

...im partial to some versace (pronounced ver sace) with white stilletoes and some of the stuff with check on it.

 

glenn

 

You need an avatar, Glenn - just so we know for sure....

[onetrackmind]

Sorry to bother you again but this seems to be where the people in the know are!

Barclays have sent out a New "Terms and Conditions Retail customer agreement" dated Feb 07 it comes into force on the 14th May 07. (Arrived today, it's existance is quoted in the cc charges thread) There is no space to sign said document and I do not agree with it's contents. Should I close my account???? Or is it the case that my account should still exist under the original terms and conditions under which it opened. Where do I find the appropriate documentation to support pro/cons regarding this in law?

 

Loving your work-would like to use some of you previous letters in my mission, where appropriate. is that ok?

[sarahpp]

That is so typical of you, Bong, to think of the others who will be following you. That makes you a true lady, indeed.

 

Nevertheless, in view of some previous posts, and what you have done here, I have to say that I wish I had your balls, mate !!

 

Bill.

 

XXX

 

I will second Bill's sentiments there Bong. I can't tell you how much respect we all have for you - even more so if that is possible following the letter you are sending to court.

 

Thank you on behalf of those that will surely follow on from you. I don't think that I have ever gained so much vicarious pleasure from a victory!

 

Ooh er missus- behave yourself - no tittering at the back please

Sorry- thought you might be missing mine and Bill's Frankie Howerd routine following on from Chezt's great "muffin revival"

 

Sarah

xxx

[emmaf01]

Thank you Bong!

 

Your hard fight (and great victory) has certainly re-inspired me when I needed it most! Just when I was flagging.

[Guest bong]

Sorry to bother you again but this seems to be where the people in the know are!

Barclays have sent out a New "Terms and Conditions Retail customer agreement" dated Feb 07 it comes into force on the 14th May 07. (Arrived today, it's existance is quoted in the cc charges thread) There is no space to sign said document and I do not agree with it's contents. Should I close my account???? Or is it the case that my account should still exist under the original terms and conditions under which it opened. Where do I find the appropriate documentation to support pro/cons regarding this in law?

 

Loving your work-would like to use some of you previous letters in my mission, where appropriate. is that ok?

 

hi again, you may use any parts of my letters that would help. What is the effect of the new t&cs? they do have the right to amend their t&cs, however that doesn't make the charges lawful if it is just disguising or "cloaking" the same old penalty charges. you will find the OFT report very useful.

[Guest bong]

thanks Sarah, and Bill, its only a small contribution really, lets face it the judges are all so different and even if it makes this one stop and think, its not gonna help anyone in a different court. However, I do feel that we owe it to ourselves to keep plugging away in every little way we can.

[Spiceskull]

Sorry to bother you again but this seems to be where the people in the know are!

Barclays have sent out a New "Terms and Conditions Retail customer agreement" dated Feb 07 it comes into force on the 14th May 07. (Arrived today, it's existance is quoted in the cc charges thread) There is no space to sign said document and I do not agree with it's contents. Should I close my account???? Or is it the case that my account should still exist under the original terms and conditions under which it opened. Where do I find the appropriate documentation to support pro/cons regarding this in law?

 

Loving your work-would like to use some of you previous letters in my mission, where appropriate. is that ok?

Amended terms and conditions? Look no further than here.

 

Whilst the amendments discussed are those made by me, the principles of amendment and acceptance will apply when the bank amends the Ts&Cs...have a read, and if you have any questions get back to me.

[Will Scarlet]

Bong - have just spent the last few hours reading your thread and am in awe of the effort you put into that. You truly deserve that win - congratulations.

It still amazes me that HSBC took you so far down the line, only to settle at the very last minute. It makes a mockery of the whole legal process. I know someone who has been fighting Cobbetts on a £20k case including CI since August of 2006 and they are STILL trying to play games with him (there have already been 2 complaints to the OSS). It just goes to prove one thing, win or lose, the lawyers still get paid! I wish I could get paid for losing in my line of work....ho hum.

Anyway, heartfelt congrats and I'm sure the info in this thread will help many other people reach successful conclusions. Well Done!

[mcuth]

Wooo-hooo, late to the party, but congratulations Bong

 

Cheers

 

Michael

[scott150663]

well done Bosh....

 

quick question if i may (if youre not still celebrating)

 

would you think i could claim my charges back from 17 years ago as the bank forced me out of my house (thry were charging me £300 per month in charges) havent got any statements tho

 

well done again u deserve your win

regards scott

[dickeggsy]

a bit belated but well done bong.

i am so glad the pressure is now off you, and i really hope you and your family have a really really great time spending your dosh.

we are off to orlando in may (3rd time in 6 years no wonder we are always skint) if you want to treat the kids look no further .

then again blackpools nice in may lol.

once again well done and good luck in all you do;)

[quietzap]

Absolutely brilliant, and extraordinarilly useful. Thanks.