Overcharged Consumer v HSBC : WON

[overcharged_consumer]

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.

[overcharged_consumer]

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.

[overcharged_consumer]

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.

[overcharged_consumer]

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.

[overcharged_consumer]

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.

[overcharged_consumer]

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.

[overcharged_consumer]

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.

[overcharged_consumer]

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

[overcharged_consumer]

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

[overcharged_consumer]

LOL, it's already spent! Behind with the council tax and the water rates so gonna settle them. A grand for the missus to reduce some huge credit card bills by a fraction. Also gonna keep a little my account to bring it back in order.

[overcharged_consumer]

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

[overcharged_consumer]

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

[overcharged_consumer]

Well, still no acknowlegment! They've got a week left to acknowlege. If it's still the same this time next week I'll be waiting excitedly to click the judgement button at 4pm!

 

Still reckon they'd try to set it aside though.

[overcharged_consumer]

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

[overcharged_consumer]

OK, so, Friday I sent a response to the letter from Mr Beaumont. In it I thanked for the response (some six weeks later) and advised that the matter was now being dealt with through the courts. I sent it by post and also by e-mail marked URGENT - FAO Mr Beaumont.

 

I have this morning received an e-mail in reply stating that it's been passed on. Hopefully someone will now acknowlege my claim - it's really getting on my wick - it seems as though everyone is receiving acknowlegements except me. It's almost as if I don't exist!

 

OC

[overcharged_consumer]

quote=sopsps in another thread]Hi HSBCrusherI filed a MCOL on June 1st and like Overcharged, I haven't had a squeak from HSBC either.

I thin kI need to contact them to bring my claim to their attention!

When you wrote to them tellying them you've taken action - did you send a copy of the pdf form with the claim details that you can view on the MCOL site?

cheers

 

I know your question was put to HSBCCrusher but I thought I'd let you know what I did too. I've responded in this thread to avoid hijacking someone else's.

 

I didn't send the PDF form to them, I merely responded to a letter they sent me. In the letter I advised that I had raised a claim in the small claims court which had been served and mentioned that I was awaiting acknowlegement of the said claim.

 

OC

[overcharged_consumer]

AT LAST! They've acknowleged! FINALLY.

 

Awaiting court papers now - I assume HSBC have stated their intention to defend - who knows, maybe they'll even include their defence with the papers.

 

I'll update y'all when I receive the papers.

 

OC

[overcharged_consumer]

Acknowleged on the 12th (as previously posted).

 

Notification received from the courts of the acknowlegement.

 

Intention to defend stated (well I hardly expected them to admit the claim).

 

Just waiting for either details of the defence from the courts or a communication from the solicitors now.

 

There's a few of us on a near identical timescale now. I think I'm a day or two ahead of a couple of you so may be able to give you a heads up depending on what happens (although my post arrives while I'm at work so can't update on correspondance until the evening).

 

OC

[overcharged_consumer]

I think there are 4 of us all racing for the line at the moment!

 

Excellent.

 

Not a running race though - that's boring. Can we make it a three legged race, egg n spoon race or, even better, a sack race?

 

OC

[overcharged_consumer]

You should all be receiving the standard offer waffle from DG shortly, but will find that refusing the offer results in full refund credits to your accounts a day or two later...I'm happy for you all :)

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

 

Cheers Mr Skull,

 

I'm well read in your case - it kept me fascinated and amused for weeks watching your updates.

 

Some of your responses were sheer class.

 

OC

[overcharged_consumer]

So sopsps, GriffinGrumbler, HSBCrusher, overcharged_consumer and gordonhall all in the running. We should have a sweepstake!

 

Dudes , I returned home from work to find a letter on my mat. Not signed it and returned it yet but will be doing so on Monday.

 

By my reckoning, if you lot are one day behind me then you should be receiving something similar either tomorrow or on Monday.

 

Keeping my fingers crossed for you and I'll be watching anxiously to see when you receive your letters.

 

I had really thought that I was going to be made an example of but alas, no, I won't have my day in court.

 

OC

[overcharged_consumer]

LOL, cheers.

 

Having said that, I didn't say what the letter said but I'm sure you can draw your own conclusions. Haven't signed yet but will be doing so on Monday morning.

 

Sorry for getting all your hopes up. It's just that from reading other posts it seems that three days after a claim is acknowleged a letter is sent on behalf of the bank which arrives the following day. Maybe the solicitor was off on Friday so yours may be slightly later.

 

Will keep watching to see how you get on.

 

OC

[overcharged_consumer]

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