Additional charges since action start

[NeilMac]

I have sent both my preliminary letter and letter before action to my bank and I am now only a matter of days aways before I send them the my formal claim. However, in the interim I have received another charge applied to my account at the month end. If I do not get my charges back before it comes action can I add this latest charge to the action? Hence the action will be for a greater amount then I have been writing for, or will I have to start a new action.

[Spiceskull]

Hi,

 

If the charges have not yet been applied, you could try and pre-empt them. This is what I have done (charges due tomorrow and still no response...) - feel free to use the bits you think will work:

Dear Sir/Madam,

 

I find myself in the position that your actions require my intervention for the [HOWEVER MANY] time in the space of a few days. I am seriously reconsidering my view that [bANK] has the capacity to act as my fiduciary in a responsible and lawful manner, as implied by the terms and conditions between both parties.

 

This morning I received a statement from [bANK], stating their intent to unlawfully apply penalty charges to my account on [DATE]. These charges are to the sum of £XX, as well as an interest penalty of £X.XX for the 'privilege' of this unlawful action being undertaken.

 

As you are aware, I have asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

 

Therefore, I would draw your attention to the following point: you have stated that these charges will be applied on [DATE]. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities.

 

However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.

 

I shall be checking my account on [DATE], and if I see that the penalty charges, plus interest, have been unlawfully applied to my account, I shall lodge a claim at the county court to recover these charges, plus my costs and interest calculated at 8% APR, without hesitation. Furthermore, I shall require that you confirm whether these unlawful charges have resulted in a default notice against my record with credit reference agencies, and if so, I will seek appropriate action to have this notice removed.

 

In view of my first paragraph, and considering your apparent incompetence to act as my fiduciary in a lawful manner, I will start to consider a course of action whereby I may seek redress for all the inconvenience you have caused me.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[christopherj35]

Hi,have just started my claim against HSBC bank,within the 40 day period at what point to i send a reminder?I have sent letter to my branch,can anyone give me any advice,thanks Chris

[oz4725]

Hi Chris

I hope you dont take this the wrong way mate but you must read the FAQ's first and get to know your way round the site before you embark onyour claim. EVERYONE is hear to help you mate but it helps if you have heads up at the step by step guide.

 

Sorry if that sounded patronising but we would all be gutted if your claim failed because of an error the bank can jump on.

 

Judging by your post and the mention of 40 days i'm guessing that you have sent them the S.A.R. to get all your statements. If you go into the HSBC Forum in the main Bank Action Group site, you can start your own thread and post all your questions and read other peoples posts. 90% of your questions are answered just by reading other posts.

 

Good Luck Mate

 

OZ

[NeilMac]

This topic was closed on 03/07/19.

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