Result!!!

[dannster]

Hey!

 

HSBC have took almost 2 months to get back to me...and after they told me over the phone that they wouldnt refund the £400.00 in charges, they refunded £200 of it today into my account!!!

 

Now, I am happy with that result, but I can't help wondering why they simply didnt refund all of it?!

 

On another note, the Co-Operative bank withdrawn my student account because I have one with HSBC (my own fault), and demanded the £1000 overdraft back. I offered £2 a month after they charged me £60 for a letter. They weren't impressed, but they had no choice to accept it.

 

Now the good news. I got a letter this morning saying they wanted me to call them. I did and they said they could cut the £1000 to £500...I said I could pay £250 today but would struggle to pay the other £250. They then said they would accept £250!!!!

 

They didnt ask for any proof that I couldnt pay back the remaining £250, which, if I did, they would find out I could pay the whole amount!

 

I was kinda confused as to why they bothered to call me after we had both agreed to pay it back!

 

I just thought I'd share my success story with you all Any further advice on claiming back the £200 would be appreciated. My bf, who's a solicitor, said I may as well leave it now considering my luck so far!

 

Danny

[heppy23]

HSBC I would say "Thanks for the £200, where is the other £200 or shall I proceed to legal action?"

 

Why didn't refund all of it? They are in the business of making money and they are hoping you will be happy with half. they know they are liable for £400 but they are hoping you will be impressed with half that!

[idbuchanan]

You've been lucky with the Co-Op, but to me that doesn't dismiss HSBC's responsibility to refund you what you're owed.

 

They may have refunded half, but I'd definitely still pursue the rest. To refund half to me shows that they must know they've done wrong in taking it in the first place...

[dave]

Any further advice on claiming back the £200 would be appreciated. My bf, who's a solicitor, said I may as well leave it now considering my luck so far!

 

As a solicitor, he should know that it's not luck.

 

The banks are acting unlawfully and IMO they know it. If you'd held out for £400, you would have got it.

[dannster]

As a solicitor, he should know that it's not luck.

 

The banks are acting unlawfully and IMO they know it. If you'd held out for £400, you would have got it.

 

Yeah, he didnt say it as simple as "it's good luck. dont do anymore"...it was like "You've got £200 back, maybe you should just leave it now?"...I think he was bothered I was ringing him at work, especially today as his firm are in the middle of exchanging a couple of boeing planes (or something as equally as boring as that)...

 

What would you advise I do? Ring my branch? Ring customer services?

 

Danny

[dave]

Have you signed anything accepting the offer?

[dannster]

Nope. They sent me a letter about a week ago saying they were still looking into it and I should expect a reply with the decision and explanation by the 7th.

 

I won't know whether I get the letter tomorrow as I have come home for the easter hols...

[dannster]

Here's the letter they sent me regarding the £200.00 out of the £400.00 owed refunded:

 

I write further to our letter dated 24 February, having completed my enquiries into the issues raised in your recent letters. Please accept my apologies for the delay in responding to you. **(I don't)**

 

I would confirm that your account was opened on 12 November 2004, and as such you were provided with an interest free overdraft of £1,000 in line with our Student Service package. **(Am I mean't to be ungrateful for the interest free overdraft?!)**

 

Any borrowing over this amount will attract debit interest at 1.16% in line with our published tariff. I would confirm that the debit interest applied to your account is correct and will stand.

 

You will appreciate that it is the responsibility of the account holder to ensure sufficient funds are available to meet items which are due for payment. Where this is not acheived items may be returned unpaid or the account be paid overdrawn with subsequent charges accrued in line with the bank's published tariff.

 

On each occasion cheques, direct debits or standing orders have to be returned unpaid the bank's standard charge of £30 is applied. The charge may be reduced to £10 or waived if the value of the item is less than £30. A similar charge is applied where an item has to be paid because it has been drawn in conjunction with a cheque guarantee card or authorised via Maestro. This is shown on a customer's statement as 'card misuse'.

 

It is not the bank's normal policy to refund correctly applied charges, however I do note your comments and have exceptionally arranged to refund £200.00 to your account a gesture of our goodwill.

 

Please note that all future correctly applied charges to your account will stand. To clarify matters we do not agree with the contention that the charges have been imposed by the bank constitute a penalty clause and are therefore unenforceable.

 

The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable. The contract between the bank and its customer is governed by our Personal Terms & Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section 2. If you authorise a payment that would, if met by us, lead to your account going overdrawn, or over an agreed limit, the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list, and the circumstances in which these charges will apply are clearly set out in our terms and conditions, of which you will have been provided with a copy when you opened your account.

 

Thank you for taking the time to bring your concerns to the bank's attention. I trust matters can now be considered concluded. However if this is not the case, the next step in our complaint handling procedures is detailed on the enclosed guidance sheet.

 

Yours sincerely,

 

Mr M Cole

Customer Service Officer.

 

Ok...so when has an unskilled worker with most likely no qualifications be in a position to decide what's legal and what's not?!??

 

Why did it take them 7 WEEKS to reply when I gave them 14 days?!

 

I feel really offended now. Without this letter, I would have probably left it. But now I want to take it further if I can.

 

They didn't provide me with a list of charges as requested, they didn't respond within a sufficient time, they're rude and they admit their mistakes but then blame it on me!

 

They also included 3 booklets on their ridiculous terms and conditions and a letter with an address if I'm not satisfied with the response...

 

Any advice?

 

Danny

[dannster]

Anyone?

[dave]

Write back stating that as they are already out of the initial 14 days you should, by rights start proceedings immediately.

 

Accept their £200 offer, but make it clear that you will be going back for the rest.

 

However, on this occassion, and in view of the fact that they are at least attempting to negotiate, you will allow a further 7 days for them to refund in full or you will start legal proceedings against them.

 

You could add:

 

"You will appreciated that it is for the author of a contract to ensure that it complies with UK law, and this matter will be tested in court should you refuse to refund the full amount within this timescale."

 

"You should also be aware that although it is against my better judgement to allow you a further 7 days, but in view of your last letter, I am prepared on this occassion to allow you to right this wrong.

 

In your letter you state:

 

"It is not the bank's normal policy to refund correctly applied charges, however I do note your comments and have exceptionally arranged to refund £200.00 to your account a gesture of our goodwill."

 

I believe that you are misguided and as a gesture of goodwill I will allow one final attempt for you to comply with basic UK contract law.

 

As it is the opinion of the law, the OFT and myself that these charges ARE a penalty and should not have been levied I trust you will see the error of your judgement and return the full amount to me within the required timscale.

 

Failure to do so will result in legal proceedings being taken against you with no further notice.

 

I look forward to your valued reply,

 

Yours

 

Dannster.

 

 

 

 

Alternatively, just start proceedings; they've had more than enough warning and opertunity to refund the lot.

[dannster]

Thanks so much Dave I'm going to do that!!

 

Btw, you know they told me over the phone that the charges are a "deterent"? I requested the tape to be sent to my local branch. Then I got a call from a customer services manager saying they're unable to send a tape and instead, I can go into the branch and listen to the conversation over the phone.

 

Hmmm...do you reckon they know what's on the tape? Trying to avoid me have it?

 

Dan

[Overdrawn]

My digital camera has a sound recording and movie mode on it...I would go into the bank with my camera in my bag and listen.

[dannster]

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