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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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Eades Vs HSBC


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Hi Everyone,

So glad to have found this site via another great site (MoneySavingExpert) have always though these charges to be so unfair, so after finding the site yesterday I had a marathon read and sent my information request for bank account charges to the data commissioner and request for credit card statements off this morning.

I am 25 and have been with HSBC since I was a kid, I have also had a credit card since 2003, and I have always struggled with money living on my own private renting and only earning a small wage so I am a prime candidate for HSBC to rip off. Occasionally I have spent time on the phone and pleaded with them to let me off charges which often made my life very hard, £30 can buy a lot of food!

I think I have been charged an average of once a month and know that on more than one occasion I received the full £125 charge so I am hoping to get this money back - if I do get it first thing I will do if I can is get rid of my account and credit card with HSBC and leave them, that would make me happy!

Anyway lets see how it goes I will keep you all posted, as soon as I get my charge data my letter will be in the post next day - just hope it doesn't take 40 days, oh what it will be like to be able to pay bills on time.

This site is the best news all year, thanks again guys!

I have no debt , but i cant get any credit : (

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Just been having a further read and its seems it may be possible to claim for charges before 6 years ago, i'm quite sure that i have been paying charges for at least 7 years if not longer.

 

Can i get the further charges refunded too , can anyone advise me ?

 

Cheers !

I have no debt , but i cant get any credit : (

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good luck mate. I think if you want to claim over 6 years, you have to do a seperate claim of the money. not too sur ethough.

HSBC Prelim letter sent 3/10/06 1st class recorded, a BIT scared!

HSBC LBA letter sent 18/10/06 1st class recorded. Bit more scared now!

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Welcome to the site & good luck! I found this site very helpful indeed - the whole process for me from start to finish was exactly one month so it's well worth the effort! Like you I have been with HSBC since I was a kid, but have decided to stay with them because I figured that if they ever do charge me illegally again I am more likely to get it back because they know that I mean business......but I would say that it's worth getting a bank account set up in the interim just in case things go pear shaped with HSBC.

 

 

Prelim letter sent 04/09/06 (ignored)

LBA sent 19/09/06 (90% offered - declined to accept offer)

FULL payment of £730.50 accepted 04/10/06 !!!!

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Request on its way i am a bit nervous but thinking of lots of questions, first thing is that i have had a credit card with HSBC for about 4 years aswell and again have suffered many charges, i notice all or most of the claims on here are for current accounts is the procedure any different for credit cards ?

 

Cheers Guys :p

I have no debt , but i cant get any credit : (

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  • 2 weeks later...

Hi, here is my next update :)

 

I recieved yesterday a letter and a envelope the letter was the nicest letter i have ever had form a bank, saying thank you for requesting data and like others they returned my cheque for £10 saying 'they are hapy to cover the costs' and proving it doesn't cost them much to manually re-print and send out 6 years statements, let alone an automated letter.

 

Anyway what had arrived in the large envelope was 4 of the six years statements (as described in the letter) with 2 more to follow, I went through the statements and counted the charges which totalled £1181 which is either good or bad depending on how you look at it but i had a smile on my face (especially as i am about to move from temp to perm at my job which would have left me without a paypacket for 8 weeks, which in turn spanned chritmas and my girlfriends birthday).

 

I will now wait for the final 2 years statements and get my letter and spreadsheet sent off asap, all is looking good and i hav'nt even got round to calculating interest yet.

 

Will let you all know how it goes:grin:

 

One final thing though, i requested my bank account statements via the 'Data Request' but i got my credit card statements by just phoning up the card line and asking fr them to be sent, they were sent quickly but were all photocopies that were almost illegible and what really confused me is that the dates were not in order and i could not find any charges and what statements had been provided(even though i never paid on time, always went over the limit and remember being charged, do you think i should do the 'data request' for that information as well ? perhaps it will be more complete / accurate

 

anyway, cheers again CAG

 

cant wait until i need to post here again wit the next stage!

I have no debt , but i cant get any credit : (

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Hi, i have now received all of my 6 years stements and added the charges totalling £1593 with automatically calculated interest of £320.46 to the simple spreadsheet and i am ready to send of my prelim, however i am confused as the spreadsheet has the interest column on (titled 8%) and the prelim letter is worded to include interest

 

'I calculate that you have taken £1,593 plus £320.46 which you have charged me in overdraft interest for the sum which you have taken. Total £1,913.46 . '

Though underneath the letter in the templates library it says DO NOT INCLUDE THE 8%.

Can someone clarify, do i need to take the interest statement out of th prelim ? if so why is it there if you dont specify interest at this stage.

Can anyone clarify this for me ? Also i did at one point find a thorough step by step guide (the oone with the contents menu down the right hand side).

I would appreciate if someone could advise me asap so i can get this claim in and get my money asap, i need it so badly right now :(

I have no debt , but i cant get any credit : (

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Hello eades, the letter is designed to include overdraft interest on the penalty charges at this stage. For that you would need to use the advanced spreadsheet. If you're not claiming any then delete that wording from the letter.

 

The 8% interest is county court interest and you calculate that when you're filing your claim at court.

 

is this what you were looking for http://www.consumeractiongroup.co.uk/forum/hsbc-bank/38807-newcomer-heres-user-guide.html#post304769 ?

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Thanks for the rapid responce Bong , should i be claiming overdraft interest on my penalty charges ?

 

i would sure like too, is there anything stopping me doing this ?

 

i just have to fill on the advanced spreadsheet right ? do i need any more info to do that ?

 

Cheers

I have no debt , but i cant get any credit : (

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should i be claiming overdraft interest on my penalty charges ?

 

yes I would, but some can't be bothered to do the extra spreadsheet work

 

i would sure like too, is there anything stopping me doing this ?

 

no

 

i just have to fill on the advanced spreadsheet right ? do i need any more info to do that ?

 

only your statements

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Cool, i have added the data to the advanced spreadsheet but need to fill in th esecond half , (interest rates / dates of interest charges etc) is there a guide on doing this accurately as it is a little confusing.

 

How do i know what the interest rate was at that time ?

 

Is the 'Interest Free Overdraft' column optional ?- as my OD was not interest free

 

The rest i think i can manage just means an extra day, does this mean that i may be able to claim the 'interest on penalty charges' and the 8% aswell , can you tell me what the difference between these to interest charges is ?

 

Thanks for all your help Bong !

I have no debt , but i cant get any credit : (

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you don't need to know the interest rates - not for the advanced excel s/s anyway.

 

if you had no interest free o/d then leave this column blank

 

the difference between them is that this is the overdraft interest that you wouldn't have been charged if the penalties hadn't been applied. It's your claim.

 

When you begin your court claim the county courts act says you can claim interest on your claim at 8% p.a.

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Just to confirm the interest chrges that i include on the spreadsheet are the debits (DR) from my account marked on my stements, the date been the date they were applied to my account, and the balance once the interest has been applied.

 

Say for example i had debit interest of £13.50 debited on 26 April 2002 leaving the balance of my account £865 Overdrawn

 

I would then enter £13.50 in the first column 26/04/02 in the second and -£865 in the third.

 

If so i think i have got it :)

I have no debt , but i cant get any credit : (

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And one final query, how can i make an accurate estimate of charges previous to 6 years and am i likely to get these back ?

 

Does this complicate things ?

I have no debt , but i cant get any credit : (

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Just to confirm the interest chrges that i include on the spreadsheet are the debits (DR) from my account marked on my stements, the date been the date they were applied to my account, and the balance once the interest has been applied.

 

Say for example i had debit interest of £13.50 debited on 26 April 2002 leaving the balance of my account £865 Overdrawn

 

I would then enter £13.50 in the first column 26/04/02 in the second and -£865 in the third.

 

If so i think i have got it :)

 

yes except I think the date goes in the first column, then the interest amount then the account balance.

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And one final query, how can i make an accurate estimate of charges previous to 6 years and am i likely to get these back ?

 

Does this complicate things ?

 

what that estimated figure does is it allows you to get back a larger proportion of the overdraft interest than you would otherwise, because its saying that more of the overdraft happened as a result of charges.

 

What it doesn't do is add the estimated charges into the total of charges you are claiming back.

 

If you have older statements total up the charges on them and use that as your estimate of previous charges figure

 

And lastly if you want to claim back more than 6 years worth of charges you have quite a bit of reading to do because it will not be a straightforward claim and there are legal arguments against it. Some people are going for it but I don't know if anyone's been successful yet.

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HI,

 

I have just completed my spreadsheet (complex version) and i am unsure if it is correct as lots of the entries in the 'interest charged' column come out the same in the 'interest on penalties' column. Would anyone be able to tell me if this is normal ?

 

isthisright.jpg

 

Obviously i want to get it correct first time i send it off, can you help me ?

 

Also as always i am due more charges which HSBC has alerted me to on my internet banking account, can i add these after they have happened or do i need to include all with my first letter ?

 

Cheers

  • Haha 1

I have no debt , but i cant get any credit : (

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The spreadsheet looks fine. It lists the full amount of the interest where the overdraft balance was equal to or less than the penalty charges. So for example in line 2, as at 14/2/05, your penalty charges cumulative total should be higher than £879.68.

 

Don't include charges which haven't been debited yet. It's fine to add them in later after they have been charged.

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Cheers again, Bong ! - Can anyone confirm where the prelim should be sent ? Is it

 

Data Controller

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

As I sent the DAR ?

Thanks !

I have no debt , but i cant get any credit : (

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I've seen other sending to Ian Shepard @ a Coventry address, and in the contact thread it has David Lewis The Head Of Customer Relations.

 

And you used a Leeds addy, which i have never seen

 

Thsi is confusing I'm not sure who to send it to ?? I would guess head office is the best, you dont agree ?

I have no debt , but i cant get any credit : (

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Colin Langdale

HSBC Bank plc

Service Quality Team

Arlington Business Centre

Millshaw park Lane

Leeds LS11 0PP

 

Its in the contact info thread. I think if you wrote to the reg office it would get passed to Leeds anyway.

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