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HSBC vs HSBCClaimer (me!)


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Greeting guys! Hoping to get my money back from HSBC, so here goes!!!

 

Last week I sent off my Data Protection Act requesting 6 years worth of statements, I didn't enclose the fee. 5 days later I received a letter apologising for the delay in responding and acknowledging that my statements were on their way!!

 

2 days later, 70+ envelopes arrived through my door, each containing a monthly statement. I've now sorted these into order and will start the process tonight of going through each highlighting the relevant charges.

 

Just to confirm, can someone answer the following...

 

1. I have monthly charges for being within my overdraft back in 2000/2001, the first line is an interest charge of around £10-£25, the second line is a charge of £27.50 - can I claim back both, or just the 'charge'?

 

2. I have a line stating FGN CHEQUE, a charge of £6.00 - is this legitimate or can I claim back?

 

3. Should I use the Basic or the Advanced spreadsheet for listing my charges??

 

Appreciate your help!

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Last night I totalled up the charges, only just under £600 but still keen to persue!!

 

To where should I send the prelim letter to get a quick response and seen as this is my first request for a refund, should I request the 8% interest or not?

 

I've listed my charges using the Basic spreadsheet and hidden the two last columns (date since offence and interest).

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Ok, taken the Prelim Letter Template provided and reworded it to sound a little more professional and less informal (no disrespect to the creator intended), but I wished for it to sound a little more formal. Will post it here following the success/failure of my claim!!!!!

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To answer your first post:

 

1 - You can only claim back the charge and any interest relating directly to the charge. You can calculate this (see answer to 3)

 

2 - I don't know what this is, possibly a cheque in foreign currency?? a specially cleared cheque?? given the amount it is for I would not imagine it is reclaimable

 

3 - If you have all the information necessary for the advanced one then use that (i.e. balance at each month etc) will calculate interest they have charges on your fees

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Not received acknowlegement yet but called HSBC to confirm that they had receipt of my initial letter requesting repayment.

 

Letter received and passed to complaints team who will acknowledge this week apparently...

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  • 2 weeks later...

Well, its been over 14 days now since my initial letter, I've called them and they acknowledge the claim and comment that its "being dealt with"...I've since sent them my LBA and will be compiling the relevant details ready to go to Small Claims should I not hear from them by Thursday of this coming week (cut off point for 2nd set of 14 days period!).

 

We'll see!!!

 

How far will HSBC go generally?

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i think the only reason you have heard from them at all at this point is because you have called them. now is the time to let your claim do the ta lking. 14 days after your lba, file your mcol. that is when you can add on the 8%. if they run to form you may actually hear from them about the time you are filing - they will offer about 75% of what you are asking for. just use the template and send a refuse the offer saying you are proceeding with your claim. don't call them - dg solicitors will contact you asking for a breakdown of charges (which is what you've already sent them - probably twice). send it recorded delivery. they will probably then offer a similar percentage - again - you would refuse - using the template and state that you couldn't possibly settle for less than 100% and you will be continuing your claim. they will offer 100% about 28 days after they have acknowledged. Just be sure you don't halt your claim until the money is received. good luck - keep updating.

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Many thanks for your reply, much appreciated!!

 

I was keen to call them for HSBC to realise that I'm serious, they did actually comment on the phone that they'd received so many requests for refund that they were struggling to keep up!!

 

I'll do as you say now, and damn right I'll proceed with action, quite happy to take them to small claims personally as I'll earn myself 8% interest ;o)

 

Thanks again, will keep you updated!

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Good luck! Let us know how you get on! I sent off my LBA today as well, bring it on! :grin:

HSBC Prelim letter sent - 04.10.2006 - £1,740

HSBC LBA Sent - 23.10.2006

HSBC MCOL submitted - 08.11.2006

HSBC Breakdown sent to DG - 10.12.2006

A&L Credit Card S.A.R - (Subject Access Request) Sent - 23.10.2006

A&L Credit Card Prelim letter sent - 10.12.2006 - £1,697.90

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Well, very pleased to inform you all that HSBC sent a letter (received on the 14th day of my LBA waiting period), it read that they were willing to refund £460 from my claim of £515) - I phoned for an explanation as to the breakdown and they justified that some of the claims I had made had already been disputed during the 6 year period, and in some cases partly refunded already, I'm not greedy here and so quite happy with their justification.

 

I sent off the acceptance letter today and hope for the money to be credited to my account shortly!! It is proof that my phone calls did not negatively affect the outcome of my claim, infact if anything I believe they helped to build my relationship with HSBC and hopefully will not prompt them to request closure of my account, I very much like banking with HSBC and their online banking is most definitely one of the best systems currently available.

 

Thanks for the help and advice provided by users of this site! I commented in my earlier posts that I thought the 'Request for Repayments' letter could be improved (in terms of grammar and professionalism) and I'll post my version next. I feel my version sounds a little more professional by removing any informal of badly constructed sentances.

 

Thanks again!

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My version of the 'request for repayments' letter...many thanks for the original author, I do hope that they appreciate my constructive crit, and improvements to the letter.

 

 

[YOUR ADDRESS HERE]

 

 

[DATE HERE]

Interest & Penalty Charge Reclaim

 

Dear Sir/Madam,

 

In relation to my account:

ACCOUNT NUMBER: ######## SORT CODE: ##-##-##

 

I am writing to request that you refund to me the charges which you have levied from my account over the last 6 years. I now understand that the regime of fees which you have been applying to my account in relation to exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

 

If you wish to claim otherwise, please demonstrate this by letting me have a full breakdown of the costs you have suffered as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

In addition, on the 5th April 2006 it was confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT, and are therefore presumed to be unlawful in the absence of specific proof to the contrary. 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 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 consider your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I calculate that you have taken £###.##, I enclose a schedule of the charges which I am claiming with this letter I hope that you will enter into a sincere dialogue with me on this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard issue letters and leaflets.

 

I will allow 14 days for your response accepting, unconditionally, my request in principle and providing me with a date by which I will receive payment. If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

Yours faithfully,

 

 

[YOUR NAME...]

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