Steve_n -V- HSBC

[steve_n]

Well, after reading thread after thread I have complied my letter, all ready to post next Monday (recorded of course) to start my attempt to reclsaim almost £3,300 in charges and interest.

 

I started a week or so ago with arequest for information under the Data Protection Act, the the good old bank, well it's computer kindly churned out no less that 43 seperate letters of nice crisp duplicate statements (god knows what postie thought) and not a mention of any charges for that sackful.

 

I few hours deciphering and I was gob smacked at just how much thay had gleaned from me !!

I'm very nervous of the possible bully boy tactics I may unleash care of the HSBC 'henchmen' (closing my account etc after over 25 years), but what the hell, £3k is a lot of dosh to mish out on. I will certainly keep the forum posted on my progress.

 

03/10/06 request for all charges info under data protection act

13/10/06 43 envelopes of copy statements arrive FOC !!

16/10/06 prelim claim posted - recorded delivery

18/10/06 prelim confirmed delivered per trackback

[Guest bong]

closing my account etc after over 25 years

 

Make sure you don't make the mistake made by lots of others on here - as your account was opened before 1995 you should not use the Unfair Terms in Consumer Contracts Regulations 1999 in your claim, if it gets to that stage. Apparently amendments are underway to the user guides on this site but until then just thought I'd make you aware of it!

[steve_n]

Hi Bong,

 

Thanks for the advice - I'm new to this, only found this site via a link from Best credit cards, cheap mortgages, personal loans, savings accounts, house & car insurance - The Motley Fool UK - been reading threads ever since (anyone got any advice on dealing with the possible divorce due to being on the PC too much LOL)

[steve_n]

Hi,

 

I have sent my prelim letter using the template, recored, received by 'them' on 16th Oct (early days yet I know) just reading up on the next stage - sending my LBA !

 

What are the implications of adding these para's per your template for an account opened in 1981 ??

 

 

"I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notic"

 

"Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department"

Any help or advice greatly appreciated !

p.s great site, can we tackle fuel, council tax, and BACS clearing bank consnext ?? LOL

[steve_n]

Update on my claim

 

Have posted my LBA - HSBC received this last Thurs (2/11) and have heard absolutely nothing so far

 

Is this normal ?

[cadencealex]

Update on my claim

 

Have posted my LBA - HSBC received this last Thurs (2/11) and have heard absolutely nothing so far

 

Is this normal ?

 

Yes 'fraid so!

 

You probably wont hear anything up until MCOl stage... but if you do, don't feel honoured... as it will be a generic letter everyone gets!

[steve_n]

Hi,

 

I have submitted my MCOL claim - gulp :o

 

as far as I understand the bank now has 14 days to acknowledge (hope they don't )

 

If they do, they get another 14 days to pay up of defend ??

 

Are they working or calendar days ????

 

Thanks, what a BRILLIANT site this is !!!!

[lateralus]

steve, look at the post i just put on david's thread just above (now below) yours. it's calendar days. good luck, keep us posted - you've just joined the big wait!

[steve_n]

Hi Lateralus,

 

Great that's the shorter of the two options then ( iknow, patience, patience)

But I'm wearing the door mat out with all the letter box checking LOL

 

Haveing read 100's of posts in here now, it seems that the bank may submit a defence, although not 100%, are there any threads that sugest what to do next if they go down that route. I'm just trying to stay one step ahead.

I'm no legal buff, and just feeling the usual paranioa ?

[steve_n]

Yep, you were dead right, not a squeak - MCOL posted now !! :o

 

(I have this vision of the HSBC mailroom - full to the ceiling with letters and claims)

 

Royal Mail's profits must be doing well LOL :D

[lateralus]

hi steve, even if they defend - it doesn't mean it will go to court. it just buys them extra time and really, i've read loads of threads and only a couple seem to have got to an actual court date - and even those will probably be settled before it gets to that. i stand by the timetable i put on david's thread. but to clarify - if it gets right up to the 28th day, you try to press the judgment button - but mostly you can't as they will have filed a defense on the last day. at that point, two things are going on simultaneously: you are dealing with dg, probably sent a breakdown at their request, then been given a lower offer, you reject and they will mostly likely offer 100%, you accept and when you have the money, you cease your claim with the court. at the same time, they file a defense to get more time, you will be sent by the court a change of venue to your local court, a copy of their "defense" (just piddle - it's always the same thing) and an allocation questionaire. there will be a deadline given when the aq has to be filed - my advice is don't file it until the last minute but if you do, remember to add the £100 fee on to your claim. it also gives you a little clout - to say to dg that you will be filing your aq shortly and it will mean even more money on your claim. and at the risk of repeating myself - this is absolutely the worst part - after you've filed, waiting to hear from dg (once you have heard the first offer, you are home free, else why would they offer anything if "they felt they would win in court" which is what they always say. just take up knitting or sudokus or something to kill another couple of days. third week of the mcol - breakdown request.

keep us posted.

[steve_n]

Hi Laterus,

Thanks for the very helpful advice and support - much appreciated. I agree it's very much a waiting game . . . patience-patience-patience arrggghhhhhhhh LOL

[Abba_the_Horse]

Hi Steve. I am also playing the waiting game. They decided to defend my claim the same day it was deemed to be served. They have now got 14 days (14 have passed) to cough up... hopefully!

 

Hope all goes well for you.

[steve_n]

Hi Abba,

Thank you muchly !

All the best luck to you too

I just can't help feeling that I'm taking on the KGB or similar by trying to sue my bank - the OH thinks I've gone bonkers and is already baking a cake with a file inside

[steve_n]

POO . . . The bank has acknowledged my MCOL claim they have until 15/12 to respond !!

 

oh well here goes, better start digging the trenches, filling the sand bags etc LOL

[steve_n]

Dear all,

 

Boo Hoo - they only blinking acknowledged - all well, there goes my hope of a sneaky win by default . . . 28 day clocks now ticking . . . arrggghhhhh the wait is KILLING me !!

 

Steve

[babsp2000]

Ah they take away all the fun when they acknowledge like that!

 

Babs x

[steve_n]

LOL . . you call this fun ?

Jumping out of an airplane, sticking your fingers in a socket, walking slowly up the fast lane of the M1 would ALL be more fun than THIS :D

 

Apart from 'chatting' to ALL you lovely folk of course - now THAT'S mega F.U.N.

[Bookworm]

3 threads merged.

[babsp2000]

LOl Steve, I meant the fun of doing them for judgement you loon!

Good lord, this is sooooooo not fun!

Aside from the aforementioned banter of course!

Babs x

[steve_n]

LOL

 

I know, you and me together - pair of loons I think, just been in chat for last hour - mad totally mad in there

 

steve x

[Abba_the_Horse]

Hey Steve, I know exactly how you feel about being nervous. A few months ago, I had heard of people claiming their bank charges back and was 100% sceptical. But now after reading these forums intensively I'm sooooo confident that I'm gonna take them to the cleaners. So should you be!

 

I know you're disappointed that they acknowledged, but at least it is another step along the correct path. And at least you know you've done everything right and they are in receipt of your claim.

 

Good luck, let us know how it goes.

[steve_n]

Hi Abba,

Yes I suppose I have some comfort in that, I was so hoping they would 'overlook' my MCOL and then I'd sneakly win by defaut lol

Thanks for the wishes, and I'll certainly keep the forum updated.

I just know they will enter a defence, so am already pre-armed with my response - it's certainly a waiting 'game' and it's killing LOL

 

Cheers, Steve.

[Abba_the_Horse]

Steve, as they have now acknowledged, you should have been sent the details of D&G solicitors (or you will be). It may be worth sending them a breakdown of the charges, as often they will reques this again as a stalling tactic. I was also advised to send a copy to the court in Northampton to go on my court file, so I did. It might be worth doing this, it can't do any harm.

[steve_n]

Hi Abba,

I have already sent a 'schedule of charges' to the court, I did this as soon as the claim was issued

As far as sending a copy to D&G, I certainley will, but 'officially' I don't know about D&G 'yet' as soon as I do, i.e. I get a letter from them I will send it !!!

 

Thanks for the help, good luck with your plight !!

 

Steve