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superstottie V's HSBC


superstottie
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Hi all

 

Well I started on all this a few weeks ago and sent HSBC a request for my statements - which i received even though i forgot to enclose my cheque - oops! I then worked out that they had got £806.50 of my money so sent them the preliminary request. After two weeks and no response i sent them the LBA - nearly two weeks later and as I was just getting ready to sort out my court claim I receive a letter from them saying:

 

" Thank you for your letter of 28 September 2006 requesting a refund of bank charges of £806.50 going back six years.

 

The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforcable. The contract between the bank and its customers is governed by our Personal Banking Terms and Conditions. In respect of overdrafts, I would refer you specifically to clause 7.11 in section 2. If you authorise a payment that would, if met by us, lead to your account going overdrawn or over an agreed limit the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are clearly stated in our published price list and the circumstances in which these charges will aply are clearly set out in our terms and conditons which you wil have been provided with a copy when you opened your account.

 

Whilst I accept that this letter will not provide the response that you hoped for, I trust I have been able to clarify the bank's position. If you are not satisfied with the bank's response you should now refer your complaint to the Financial Ombudsman Service, as this represents our final response on this matter."

 

 

:confused:

So what does all this mean - can I still start my court claim? Has anyone else had a response like this? I am quite aware that this could end up in court but I would rather it didn't - I have enough to think about with two jobs and four young children!!!!

 

Please could someone help me on this one as I am wanting to get things moving so that hopefully I will have a nice bit of money in the bank for xmas!!!

 

Thanks to all!!!

 

Bex:-)

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  • 2 months later...

Hi again

 

Well I started the court process and they had until 28th Dec to defend - which they did via fax on 22nd! It was the standard defence that I have seen in posts on here many times over - load of twoddle basically!

 

What I was wondering is does anyone think it is worth phoning DG tomorrow - I have until 22nd Jan to file my AQ. I was thinking of ringing them and saying that I received there standard waffle defence that isn't even right for me as they say that my "account IS governed by the Defendants personal and /or business banking terms and conditions," - I dont have an account anymore and they don't even know if its personal or business! But wondered if I ring them it might bump me to top of pile and get me money back sooner! Will say that if they require a further copy of my breakdown of charges then I will fax it to them and I expect the cheque to be sent out within seven days as there defence would never stand up in court and I don't beleive that they really intend to defend my claim and that they are abusing the court system to bide more time. Was thinking of also saying that if it was to proceed to court then I would be seeking legal advice and representation, the cost of which would be added to my claim when I won!

 

Any advice greatly appreciated!!!

 

Ta

 

Bex:)

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Me again

 

Was wondering if anyone might know if I could get more time to file my AQ - its just that if i phone DG and they say they wish it to go to court then I only have till 22nd to file it. The defence was received by court on 22nd Dec and they forwarded it to me same day - but they didn't post it till 2nd Jan - according to post mark on envelope - so I have lost about 10 days due to them not posting it before xmas!

 

I dont see that its fair on me that they are useless and cant post stuff out the same day as they produce it! It means that I have got just over two weeks to sort out my AQ and get it back to them!

 

Many thanks again

 

Bex:p

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  • 2 weeks later...

Well hello again

 

I am really starting to get sick of the waiting now - I have heard absolutely NOTHING at all from DG - I have read on here about people being in the same position - even the AQ due the same day being paid now! I have tried sending my schedule of charges via email and rining and leaving a message but am getting no response - any suggestons what else i can do? I am a bit worried that my case wont be a priority as it falls under the limit for paying the AQ fee so they dont need to pay up before this date! The AQ is due in on 22nd - next Monday!!!!! I really don't want to have to take this case much further as I have VERY little spare time as it is!

 

Any suggestions much appreciated!!

 

Bex:p

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