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Overcharged Consumer v HSBC : WON


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Afternoon all,

 

Printed out my statements last night and totted them all up (I'll be double checking tonight). Unbelievable they came to just under £3,000 and that's just for one account. I've got another account too which I know has had charges applied to but it's nowhere near as much, maybe £1,000 or so. I'll probably be claiming all of this together rather than making two separate claims.

 

So, as I've managed to get my statements online there's no real need for me to go down the DPA route. However, I'm mindful that to better prepare a case against them, it may be useful to ask for details of any manual or human intervention on my account over the last six years. If they are unable to provide details then it strengthens my case. If they can prove manual intervention on certain occasions then I can prepare for this prior to the inevitable court visit.

 

Does anyone else think it's necessary for me to request these DPA details or should I just go right ahead and send my request for payment letter given that I already know what charges have been applied?

 

Another question, my charges are all over the place. I've got £10 charges here, £30 charges there, £27.50 charges somewhere else and £28 charges somewhere else still. But then at the end of the statement there's another listing - Total Charges £89.98 or £72 or £119 or something else. I find this rather confusing. Surely the total charges should be the series of £30's and £10's etc added to the so called total charges at the end of the statement. DOes anyone else have this?

 

It also ain't clear what each charge applies to. Sometimes a DD may be paid / returned one day but the charge applied the next, other times the DD may be paid / returned and the charge applied the same day. It's even more difficult to determine what the so called total charges are for.

 

Anyway, sorry for rambling. I'm temted to just send my request for payment rather than going down the DPA route.

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Does anyone else think it's necessary for me to request these DPA details or should I just go right ahead and send my request for payment letter given that I already know what charges have been applied?

I'd be interested to know this too. I called today and queried a couple of specific charges that I was unsure of but is it ok to go ahead with simply the list of charges from the statement history. FWIW, mine total £1500 over 6 years.

 

Add to this the discovery last night of the PPI obscenity they applied when I took out my graduate personal loan and I figure I've got a bit of a fight on my hands. At least the lady took the PPI complaint over the phone.

 

Surely the total charges should be the series of £30's and £10's etc added to the so called total charges at the end of the statement. DOes anyone else have this?

It is confusing occasionally. The way I see it, if it resulted in an deduction from your balance, it is a separate charge.

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It is confusing occasionally. The way I see it, if it resulted in an deduction from your balance, it is a separate charge.

 

Oh it reduces the balance alright - I just figure it's yet another lie by the bank because it's not really the TOTAL CHARGES is it? If it was, it would have all the other amounts added to it too.

 

Back to the DPA thing again, the request for payment asks the bank to clarify the actual charges they incur for refusing a DD etc so I think that should be enough really.

 

No need for me to go down the DPA route first then probably.

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My other account has charges not far off £2,000!

 

Think I'm going to have to make two separate claims because by the time I've added the interest the total claim will be over £5,000 and I really don't want to run the risk of paying the TP costs.

 

That means I'll have two lots of £120 plus £100 though if it gets that far which, for this amount of money, I reckon it will.

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hi!

I have just been through all my HSBC statements too, some originals, some off internet banking & I think what they do is at the end of the statement they tell you how much you will be charged next month. So it won't balance with the charges that appear on the statement but should balance with the charges on the next months statement.

I also noticed how the charges seemed to change quite significantly through the last six years. They started off at £28, then went down to £27.50 then they went down to £18 and since then they have been going up and are now £25. It probably isn't long before the next increase.

I haven't sent for DPA letter either so won't know about manual intervention - but I do know that for as long as I remember they haven't ever sent me a separate letter about additional charges and how much can an extra line at the end of your monthly statement cost them... ? nothing, I reckon!

:o)

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  • 3 weeks later...

Sorry about going quiet on this. I figured that I'd try an experiment - keep quiet on my own claim and see if it takes them longer to respond or not compared to those on here who have been vocal about their own claims.

 

I just want to see how much quicker the bank replies to people who are vocal on here - just out of interest really for two reasons:

 

a) It proves that this site is not only assisting people in the process but also by way of raising the profile of each claim

b) If, as I suspect, a) is true then it means they are logging on here and viewing the forums and *watching* people as they submit claims.

 

Rest assured though that once my claim is resolved, or when it reaches a stage where I need help and advice, I will provide an update.

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b) If, as I suspect, a) is true then it means they are logging on here and viewing the forums and *watching* people as they submit claims.

 

Overcharged.. you are like one of those guys who thinks the moon landings were hoaxed in a massive hangar outside hollywood.. or that JFK was assassinated by the CIA, Hitler is larging it in Buenos Aires, and that George Bush is in fact proof of the Roswell Incident..

 

Conspiracy theories are great.. but I cannot believe the banks would have the resources available to accurately monitor or trace claims and individuals through this site.. they have enough on their plates dealing with the increased administrative processes.. surely they are not going to expend more money/time/resources in a battle they have already lost?

 

But nice thoughts...

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Less of a conspiracy Don and more of something I thought I'd do out of interest. Just to see what happens. Regardless of what happens it won't prove anything but I just thought I'd see. As it happens I've had bugger all contact from them since I started this thing.

 

It wouldn't take that long to research a particular case Don. Think about it. Receive a letter, log on, check the HSBC section - much of the filtering is already done for them by the forum setup, look for users who've got names similar to their real names as a first step. If nothing is immediately apparent, look for references to claims of a certain amount, with dates of correspondence then bingo. Job done. Ten minutes maximum.

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Overcharged.. you are like one of those guys who thinks the moon landings were hoaxed in a massive hangar outside hollywood.. or that JFK was assassinated by the CIA, Hitler is larging it in Buenos Aires, and that George Bush is in fact proof of the Roswell Incident..

 

LOL, as it happens, I'm not convinced they did actually walk on the moon and think that it's feasible that they could have faked it to get one over other nations. I don't have an opinion on who killed JFK but I do think there's a possibility that Mr Oswald was framed. Hitler's dead. George Bush, proof of nothing other than tw*ts do really exist.

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No I quite believe it is possible - and indeed you are right much of the filtering is already done by the forums themselves...

 

either way, I think it would just serve to demonstrate the level of support and advice that is being provided by the site, and in all honesty - the BAG in that context looks like a far more formidable opposition than any of the banks seven-figure salaried legal team offerings...

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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No I quite believe it is possible - and indeed you are right much of the filtering is already done by the forums themselves...

 

either way, I think it would just serve to demonstrate the level of support and advice that is being provided by the site, and in all honesty - the BAG in that context looks like a far more formidable opposition than any of the banks seven-figure salaried legal team offerings...

 

Absolutely, which is what I'm hoping to show although one small person such as me doing this ain't going to prove anything - it would take a large selection of people to prove anything.

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  • 3 weeks later...

Righty then,

 

Morning all.

 

13th April - Sent Request for Repayment of £2,890.85 by Special Delivery (received 14th April) and e-mail. - No response other than an e-mail ten days later apologising for delay due to technical issues preventing e-mail access. Wondered why they couldn't respond to the letter instead.

27th April - Sent Letter Before Action, amended to include new charges. Total requested £3,040.85. Sent by Special Delivery (received 28th April) and e-mail.

Intended to file claim on 11th May but had an unexpected expense between LBA and claim date so could not afford the £120 court fee. Received reply dated 12th May (!!!) thanking me for my letter re charges....investigating.....bull poo....will be in touch when investigations complete. Wondered why it took so long to write three lines!

26th May - Claim filed on Moneyclaim. More charges added. Amount now £3,165.85. Interest added at £559.91. Court fee £120. Total claim £3,845.76.

Claim number is 6QZ34021 - it feels good to be sat behind a number as familiar as this rather than in front of it (I've been on the receiving end twice, one of which ended up in a CCJ just over six years ago).

I know others have received settlement of amounts greater than this but I'm fully expecting, and looking forward to, this going to court.

Now that this has been issued I will keep you updated. Just wanted to complete the initial stages while keeping my head down. It seems that HSBC ignore some and respond to others - I wanted to see if they responded to someone who didn't publish their details on here. Just out of interest. It could just be coincidental though.

Donation will be heading your way if and when settlement is received.

OC

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Oh, one other thing. Since beginning this process, for the first time ever, I received a letter from HSBC (Mr Bowden methinks) advising that I'm overdrawn which will incur charges if I continue to increase this overdraft amount! This is the first time I've ever had a letter advising me of the situation and I can't help but think it's linked to the action a started.

 

OC

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Same here (well, not the first letter ever but the first in a couple of years), had a phonecall and letter this week, just as I'm due to take them to court... I didn't enter into dialogue with the lass that called, just told her that I have been in discussion with her colleagues and the matter is due to be resolved very soon!

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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your probably 7-10 days from your money, start thinking what you want to do with it :)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Well, letter received from Northampton County Court on Saturday advising that claim is deemed to be served on 31st May and stating that the defendant has until 14th June to acknowlege claim.

 

Reckon they will have received it today - just playing a waiting game now to see when they acknowlege. I reckon they'll try and drag this out and put in a defence. If that happens will it be the first time HSBC have actually entered a defence?

 

OC

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dont worry about that yet, its just yet more stalling by hsbc, they try it with a lot of people,

 

home straight now :)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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hi oc! i think im in exactly the same place as you, checked moneyclaim today and my claim has been issued today also! good luck with it, it will be interesting to see if they deal with our claims in the same way! x

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Morning folks,

 

My claim was issued last friday and deemed to be served on Wednesday although they will probably have received it on Tuesday.

 

Now, I note from a good few of the threads on here that their claims were acknowleged before it had even been deemed to be served. I know it's only early days (they've got 12 more days) but mine hasn't yet been acknowleged.

 

Does anyone think I should drop them a quick e-mail stating:

 

RE: URGENT - CLAIM NUMBER XXXXXX

 

Ref:

Acc:

Sort code:

 

Dear Sir / Madam,

 

Following your failure to respond to my requests for repayment of unlawful charges applied to my account I have issued a claim in the County Court with the above claim number. The claim was served on 31st May 2006 and you have until 14th June 2006 to acknowlege this claim.

 

If you haven't received any documents relating to this claim then it is important that you advise me immediately so I can ask the court to re-send the documents as failure to acknowlege the claim by the due date may result in judgement being entered by default.

 

Yours sincerely

 

Overcharged_consumer

 

I don't know if it's the done thing and don't know if I should have any other communication from me to them now that a claim has been issued or whether the only communication that should now be entered into is responses to any offer they may make. However, I'm conscious of the fact that if they claim to have never received the court papers they can apply to have the judgement set aside but if I send an e-mail to them pointing out that a claim has been issued the onus may be on them to follow it up if they haven't received the documents.

 

Cheers folks.

 

OC

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hey dont worry about it, they will know about it, look at the bright side, if they dont submit a response to the court, you win by default, yay

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Well well well! Still not acknowleged but I FINALLY received a reply from Mr B in the Leeds Service Centre some SIX WEEKS after sending my LBA! WOW - SIX WEEKS! I think poor Mr B must be extremely busy. I also feel quite sorry for him because he seems to be the one responsible for telling people to go away only to be undermined a few weeks later by someone else.

 

It's the usual response. Bank does not agree....contention....charges....unlawful blah blah. Ending with Whilst I accept that this letter will not provide the response you were hoping for.....ombudsman.....final response.

 

So, going to respond with this so that I can prove they've been made aware that the claim has been issued:

 

Thank you for your letter dated 7th June 2006 in response to my letter dated 27th April 2006.

As set out in my letter, I advised that unless I received a satisfactory response within seven days I would issue proceedings in the small claims court. However, as a matter of courtesy I decided to delay issuing proceedings until I had received your response which, four weeks after sending my letter had still not been forthcoming. As I believe that four weeks is more than enough time in which to expect a response I believed that you had decided not to respond to my request and therefore issued proceedings in the small claims court.

This claim has already been issued and served and I am now awaiting your acknowledgement of the claim.

Whilst I appreciate that this does not provide the response you were hoping for, I have already issued a claim in the small claims court and as such am unable to refer my complaint to the Financial Ombudsman Service

Do you think the last bit is extracting urine too much?

Going to send by letter and e-mail.

Cheers

OC

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Well well well! Still not acknowleged but I FINALLY received a reply from Mr B in the Leeds Service Centre some SIX WEEKS after sending my LBA! WOW - SIX WEEKS! I think poor Mr B must be extremely busy. I also feel quite sorry for him because he seems to be the one responsible for telling people to go away only to be undermined a few weeks later by someone else.

 

It's the usual response. Bank does not agree....contention....charges....unlawful blah blah. Ending with Whilst I accept that this letter will not provide the response you were hoping for.....ombudsman.....final response.

 

So, going to respond with this so that I can prove they've been made aware that the claim has been issued:

 

Thank you for your letter dated 7th June 2006 in response to my letter dated 27th April 2006.

 

As set out in my letter, I advised that unless I received a satisfactory response within seven days I would issue proceedings in the small claims court. However, as a matter of courtesy I decided to delay issuing proceedings until I had received your response which, four weeks after sending my letter had still not been forthcoming. As I believe that four weeks is more than enough time in which to expect a response I believed that you had decided not to respond to my request and therefore issued proceedings in the small claims court.

 

This claim has already been issued and served and I am now awaiting your acknowledgement of the claim.

 

Whilst I appreciate that this does not provide the response you were hoping for, I have already issued a claim in the small claims court and as such am unable to refer my complaint to the Financial Ombudsman Service

 

Do you think the last bit is extracting urine too much?

 

Going to send by letter and e-mail.

 

Cheers

 

OC

 

yes it does take the **** a bit

 

im surprised that you havent heard anything from the courts, as they only have 28 days to file a defence, if they are going to ofcourse ;)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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