HSBC - A little overdrawn, 3 bank charges then default!

[ctid1987]

Long story short...

 

Lost job, slightly overdrawn by maybe £10 maximum through either direct debit or card payment. No agreed overdraft, was a basic standard account.

 

They added 3 bank charges before making the figure £105 and defaulting me and closing the account.

 

Is there anything I can do to remove the dafault. Ive noticed on my partners account that Nationwide have reduced unpaid direct debit charges from £30 to £15 in the last couple of years.

 

Here are pics of credit file -

 

 

Do you think I can send a sob story explaining my situ then, and how it is affecting me now being on straight and narrow and looking for a mortgage etc and that it has tarred my rep?

 

Thanks again chaps!

 

Tony

[dx100uk]

you might just find bcobs useful as that came in innov 2009

 

click the link and have a read of the rbs blue link it shows

 

dx

[ctid1987]

Ive had a read and think I may have some Ammunition.

 

I think I need to SAR HSBC, to get all old bank statements back. I was out of work at the time I went overdrawn so they could blatantly see I had no steady stream of income!

[ctid1987]

SAR sent today.

[ctid1987]

SAR due to be received tomorrow.

 

Lets hope that I can get the default removed as a 'goodwill gesture'

 

[BRIGADIER2JCS]

Well £105 default sum, it would be helpful to know exactly how much of the DS is charges, there is a challenge to this default if the actually sum owed is far less than the £105.00.

[ctid1987]

If I remember correctly, 3x £30 charges, roughly £15 overdrawn originally.

[BRIGADIER2JCS]

Well this looks to me like the charges have been deliberately added to make placing a default look more reasonable, which of course it is NOT.

 

There could be no justification for placing a default for £15.00 which would be seen as manifestly unfair as it is easily remedied so this appears to be vexatious.

 

So a gesture of goodwill would seem unlikely so in my opinion it's time to go for the 'jugular' just like the 'blood sucking' banks.

 

Ok

 

The Data Controller

HSBC Bank.

 

Ref: account No.xxxxxxxxx.

 

Complaint: Unfair Placement of Default:

 

Sir /Madam

Please find attached hereto a copy of an entry placed on my credit reference files held by xxxxxxxxx credit reference agency,

as you will see this entry is for £105.00, this default sum is in fact made up of a tiny overdrawn amount of £15.00

the remainder is made up of grossly inflated charges without which one would expect this account not to have been defaulted.

 

Given this clear an irrefutable evidence it would be easy to assume that the placement of the default was manifestly unfair and unreasonable

and possibly vexatious given that the charges appear to have been added to make the account seem a far greater problem.

 

I consider that the actions of the bank may well breach sections of The ICO Technical Guidance on Defaults

and I would expect HSBC to take a considered and reasonable view

of its conduct in relation to this matter and to remove all records of this unfair default.

 

I would expect HSBC to respond promptly and fairly to this complaint within 14 days, failing a favourable response I shall place the matter before the ICO, OFT/FCA.

 

Yours with 2 fingers

Peed of By Banks Esq.

[citizenB]

This seems to be typical with most banks nowadays. How on earth can they justify turning a £15 overdraft into £100 +.

 

I would think you could investigate whether BCOBS is of any use to you and the fact that they have treated you very unfairly in this instance.

 

Have a read of the highlighted links in my signature.

[BRIGADIER2JCS]

Creative accounting to make defaults look more plausible!!

[ims21]

Both dx and citizenB have mentioned BCOBS. Have you read up on this?

 

Your correspondence to them from now on should ideally be BCOBS based.

 

BCOBS came into effect on 1st November 2009 and so your issues would appear to be covered by this.

 

Your complaint to the bank under BCOBS will not only deal with the issue of an unfair default but will go a lot further in that you will be reminding them that they have failed in their statutory duty to treat you fairly.

 

That being the case, BCOBS opens up an avenue whereby you can sue the bank for that failure and require a refund of those £30 charges. In addition it opens up a stronger case to have that default removed and if they don't do it voluntarily then it can be included as part of your overall claim on the bank should you wish to take legal action against them.

 

There have been successes with BCOBS cases and it is something you should consider as it may well get you your money back and get the default removed in one hit.

[ctid1987]

Listen, I cant thank you all enough.

 

I will confirm everything tomorrow - SAR is due for delivery between 9am and 5pm so will eagerly await it!

 

Will report back tomorrow.

 

In the mean time, BRIG can you help me with a quick letter for bank charges for my Mrs?

[ctid1987]

Link here if you could have a looksie?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397110-Claiming-back-bank-charges.&p=4288081#post4288081

[ims21]

For your wife's issues it would better to start a new thread in the appropriate forum so that her stuff doesn't get mixed up with this one.

 

Tell us the story of your wife's situation and you will get the relevant help.

[ims21]

ooops....I see you have just done it

[ctid1987]

Can I claim back 8% compound interest?

[dx100uk]

no the OD rate surely more?

 

dx

[ctid1987]

Even if there is no agreed overdraft?

[dx100uk]

what is the overdraft rate must be more than 8%apr

 

fdx

[ctid1987]

No idea, I'd have to look into it mate.

Sar due today!

[ctid1987]

Here is a PDF of the last year banking below.

 

The way I see it is £4 overdrawn, then a charge of £35 for previous months missed direct debit. Then two subsequent charges of £25 and then £35 with interest on top taking it up to £105

 

What do you reckon chaps?

[ctid1987]

Any chance of a letter pretty please brig?

[ctid1987]

Ive looked and there isn't a template I can adjust to suit my situ.

[BRIGADIER2JCS]

Any chance of a letter pretty please brig?

 

Will do in the cool of the evening!

[ctid1987]

Ahh thank you mate