Begining My Claim!

[jscouser2002]

In a nutshell - they will not even bother to read the letter - they will just see 'refund of charges' and pass it along to the next person.

 

The removed paragraph - you have made your calculation, and given a total, you don't need to tell them anything else. As for the reason they applied the charges, well, why tell them something they already know.

 

At the end of the day you need to be resolved to them ripping you off, and then you claiming your money back. The why to's and wherefore's are a complete wast of your time.

 

However, once you HAVE got your money back, you are free to vent your spleen to all and sundry. For example, the next time you see 'charges pending' on your account, you will be in the position that they have already refunded you, so you can give them a good kicking the second time around.

 

Better to do the work first, and then enjoy the game later

 

Thanks for your advice and editing my letter. Thanks

[Spiceskull]

S'okay - good luck with the claim. My guess is that they will ignore this, and you will have to raise a claim in court.

 

A week later you will get a letter from their solicitor, giving all the guff about 'charges are fair' 'we would win' 'managagement time' 'unrecoverable costs.' This will be followed by a sentence offering the full amount, and subject to confidentiality.

 

All you need to do is cross out and initial the sentence about confidentiality, sign and send back. Two days later the money should be in your account...

[jscouser2002]

S'okay - good luck with the claim. My guess is that they will ignore this, and you will have to raise a claim in court.

 

A week later you will get a letter from their solicitor, giving all the guff about 'charges are fair' 'we would win' 'managagement time' 'unrecoverable costs.' This will be followed by a sentence offering the full amount, and subject to confidentiality.

 

All you need to do is cross out and initial the sentence about confidentiality, sign and send back. Two days later the money should be in your account...

 

Sounds great. But either way im prepared to go to court as i think i would win. Unless they can justify there costs which i think will be impossible.

 

Anyway what address should i send this too. I took the pre lim letter to the branch they then gave me a receipt and forwarded it to the correct department. I was thinking about sending it to the financial obumsman or whatever.

 

Whats the best address?

[jscouser2002]

Sounds great. But either way im prepared to go to court as i think i would win. Unless they can justify there costs which i think will be impossible.

 

Anyway what address should i send this too. I took the pre lim letter to the branch they then gave me a receipt and forwarded it to the correct department. I was thinking about sending it to the financial obumsman or whatever.

 

Whats the best address?

Any one know the method they sent there LBA to the address? because im sending today. Not sure wether to take it to branch again or not.

 

I wanted to take to branch so i can get a reciept so that they cannot say they havent recieved it. But im not sure wether to post it directly to

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Or take it to branch with original address that i gave in for the pre lim letter and get a receipt

[jscouser2002]

anyone around?

[neilloffhagen]

I sent my LBA to my local branch manager.

 

Neil.

[sparol]

I'm not much further along than you with HSBC but with both HSBC and A&L I took the letters to the branch and got someone to sign for them, I was happier knowing that I'd left them in someones hands rather than in a pile of post.

[jscouser2002]

19th May 2006

 

Sort Code:

Account Number:

 

Dear Sir/Madam,

 

I recently sent you a letter requesting a full refund of all charges that have been unlawfully applied to my account. It has now been 14 days, and I have not received any notification of when you will be refunding my charges.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. The charges that you applied to my account are unlawful under common, statute and contract law.

I am frankly shocked that you have operated my account in this way, as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

To clarify my request: I calculate that you have unlawfully taken £583 from my account between 24th April 2004 and 27th April 2006. Since this date an additional charge of £36 was levied from my account on the 8th May 2006. This has led me to revise my claim in the sum of £619.

 

I require repayment in full of £619 for the charges that been unlawfully levied from my account. Additionally a further charge of £50 is due to be unlawfully taken from my account on 7th June 2006. If this charge is levied from my account before my claim is resolved then I will revise my claim to recover this additional charge. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

 

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.

 

 

Yours faithfully,

 

 

Hand deliverying this letter tomorrow into my branch.

[jscouser2002]

Took the LBA letter to branch was a different guy than the last one. Previously the women just looked shocked and gave me a reciept. This time i walked over to the guy at a desk in like a reception area and asked him to forward this to the correct department and give me a receipt. He looked confused asked me to take a seat, unwillingly i did. He read the entire letter to himself. I thought if he starts asking questions im just not willing to talk.

 

He said to me "Why do you say they are unlawful"

 

I replied "To be quite honest id prefer any of my communication in writing"

 

He just said ok and asked me to wait few minutes. Came back and give me a receipt for the letter.

 

He looked worried!

 

I await there reply. To be honest i fully expect to be logging on to moneyclaim site soon. From what ive read on here

[jscouser2002]

14 Days was up today I was ready to go to moneyclaim site tomorrow first thing. Until i got home from work to this letter

 

 

Dear *********

 

Thank you for your letter dated 19th may 2006 requesting a refund of all your bank charges of £619.00 going back to 24th april 2004.

 

In circumstances were you have authorised a payment that would, if met by us, lead to your account going overdrawn or over an agree overdraft limit, we have to consider wether to make this payment. A free is payable for this service provided by the bank, details of which are clearly set out in our published price list. The circumstances in which the fee will apply are clearly set out in our personal banking terms and conditions which you were provided with a copy of when you opene your account. If you claim for a refun proceee to Court, we therefore believe we woul successfully resist any legal challenge in realtion to these fees.

 

HSBC is, however mindful of the management time an irrecoverable legal costs that it may incur in relation to such a claim. For those commercial reasons alone, an without any admission of liability whatsoever, HSBC is perpared to make a payment to you in the sum of £525.00 representing the charges applied in full and final settlement of this matter.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us within 10 working days and we will arrange for a refund to be made to you. If we do not receive your signed acceptance within this timescale, we will take it that you have declined our offer.

 

I trust that this matter has now been addressed to your satisfaction. If you are not satisfied with the banks response you have the right to refer your complaint to the Financial ombudsman service. Further details about the ombudsman scheme are set out in the enclosed leaflet and you have six months from the date of this letter, within which to refer your complain to them should you decide to do so.

 

Thank you again for taking the time to write.

 

Yours Sincerely

 

 

 

Phil Beaumont

Senior Service Quality Officer.

 

 

I accept the sum of £525.00 in full and final settlement of this matter against the bank.

 

Signed ....

Date ...

 

 

Ok please excuse any spelling errors because i have just typed it up myself. Now what do you all think i would do.

 

In my lba letter it clearly states also that an addition £50 is due to come out of my account on the 8th june and if this matteris not settled in full by that date i will be changing my claim to the sum of £669. So at the moment the claim is for £619 but in two days it will be for £669.00

 

Now i dont really want to accept the £525 because i feel the sum is actually£669 pound or at least it will be in two days when the addition £50 comes out. Also i feel that if i accept the £525 I dont feel like im in as powerful a position as to future charges as i would be if i recieved full settlement.

 

So should i sign the letter and give in or should I write them another letter saying that i do accept this as partial settlement and will continue to pursue for the addional £144.00.

[barracad]

So should i sign the letter and give in or should I write them another letter saying that i do accept this as partial settlement and will continue to pursue for the addional £144.00.

 

It's your money and only you can decide what offer to accept. Personally, I wouldn't accept anything other than a full refund - there time is up so if you want to go for the full amount then start the claim.

[jscouser2002]

I would accept that sum however. I dont want it to effect my position if i recieve any other charges.

 

What i might do is accept the £525.00 as a full refund regarding the original £619.00. Take the signed letter the branch tomorrow then when

the other £50 comes out on thursday send a pre lim letter for that on friday and do the same for any other charges. Or i might consider speaking the branch manager tomorrow regarding the charges

[barracad]

I would accept that sum.

 

You have to decide what's best for you - if that is the amount you want to accept then fantastic you've won!!

 

When you accept the offer just make it clear to them that it is full and final settlement for this claim only.

[Spiceskull]

So should i sign the letter and give in or should I write them another letter saying that i do accept this as partial settlement and will continue to pursue for the addional £144.00.

If it were me I would call them. Their 14 days is up, and you were due to file a claim tomorrow...

 

I would say thanks for the offer, but it is not good enough. The bank has had plenty of time to meet my request in FULL, and unless they agree to a FULL and unconditional refund, you will raise your claim as intended.

 

However, it is YOUR claim, and only you know what is best. That said, check all other HSBC threads to convince yourslef that they will cough up the full amount, if not tomorrow then certainly once they receive the claimform...

 

Good luck - one last hurdle.

[jscouser2002]

You have to decide what's best for you - if that is the amount you want to accept then fantastic you've won!!

 

When you accept the offer just make it clear to them that it is full and final settlement for this claim only.

 

The letter just says sign and return if you accept. It says

 

I accept the sum of £525.00 in full and final settlement of this matter against the bank.

 

Signed .............

 

Dated ..............

 

Just to confirm this means that i can still persue for any other charges is that correct?

[jscouser2002]

I might copy this Cornucopias letter and send this

 

Dear Mr Beaumont,

 

Thank you for your letter dated 5 June 2006 offering me £525.00 of my total claim of £619.00. I am pleased to accept this amount as an interim payment, however, I must inform you that I will be pursuing my claim for the remaining amount.

 

Furthermore, you have applied a further £50.00 unlawfully to my account on 8th June 2006 which means as stated in my previous letter I will revising my claim, increasing the total claim to £669.00. Therefore, I will be taking action to recover a total of £144.00.

 

As a courtesy, I am willing to extend my deadline by a further 7 days before issuing my claim to the County Court.

 

Yours sincerely

 

What do you guys think? If i do this does that mean i do have the 525.00 guaranteed already?.

[jscouser2002]

Ok changed it around a bit got it looking like this

 

Dear Mr Beaumont,

 

Thank you for your letter dated 5 June 2006 offering me £525.00 of my total claim of £619.00. I am willing to accept this amount as an interim payment, however, I must inform you that I would still be pursuing my claim for the remaining amount.

 

Furthermore, you have applied a further £50.00 unlawfully to my account on 8th June 2006 which means as stated in my previous letter I will be revising my claim, increasing the total claim to £669.00. Therefore, I will look to take action to recover a total of £144.00.

 

As a courtesy, I am willing to extend my deadline by a further 7 days before issuing my claim to the County Court. If I have not received any response from yourselves or received either £525.00 or the full £669.00 within 7 days then I take it you will have declined my request and I will continue to begin a claim against yourselves for the full or remaining amount plus interest, plus my costs and without further notice.

 

Yours sincerely

Anyone got any advice or any tips for me that I can add or change on the letter to make it look more professional anything i can add in it about the oft etc etc.

[jscouser2002]

Just got off the phone to the bank saying i would be willing to accept the £525.00 as a settlement for this matter if however the additional £50 charge that is due to come from my account tomorrow is removed.

 

They responded with they would not be willing to deal with that and if i accept the £525.00 that refers to £619.00 and any other charges have to be dealt with seperatly and in there own case.

[jscouser2002]

Anyone got any advice to the above please?

[maverik1979]

tell them to stuff it, in a nice way ofcourse , and continue with your 14 day deadline, then submit your claim,

 

you were trying to be reasonable and save them money by accepting their offer, ah well

 

just stick the extra charge on the top with your claim

[Spiceskull]

Anyone got any advice or any tips for me that I can add or change on the letter to make it look more professional anything i can add in it about the oft etc etc.

I would send this letter as it stands. It is clear and to the point, and puts the bank on notice that it is your claim against them, not the other way around.

 

I would also steer clear of telephoning them at this stage - invariably you will be passed from pillar to post, and it is their intention to frustrate you whenever possible.

 

Good luck.

[jscouser2002]

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