Lee vs HSBC

[LeeS80]

Hi all,

 

Just starting my process today, sent SAR letter to HSBC this morning via 1st Class Recorded delivery. They passed on my account ni January 2004 to MCS so I've requested data from them also - I'll post any updates as and when they come in.

 

Bit of background to my claim:

 

Some of my claim may well run farther back than 6 years as I got into trouble from around late 1999 - however I'll still be pressing for the amounts back. The bank were quick to offer me credit & debit cards, flexi loan accounts, personal loans etc. As soon as my circumstances changed I was pretty much pushed into a "managed loan" and things went downhill from there! Account is now closed with HSBC as of 2004.

[cornishocean]

hi lee

We had the same problem still paying off managed load which we had to take out because all the charges they put on the account.

 

We are at the final stages of our claim now having just been offered a final settlement which we declined.

keep at them Lee it will be worth it n the long run

[LeeS80]

Hi Ali,

 

Thanks for your reply - always nice to know other people have had the same experiences. I'll keep this post updated as I hear anything!

 

Cheers,

Lee

[LeeS80]

Hi all,

 

Latest letter received today,

 

" Reference: FREEPROD/LETOUT

 

2 November 2006

Dear Mr LeeS80

xxxxxxxxxxxxxx/xxxxxxxxxxxxxx

Thank you for your request with regard to information about transactions and charges on your accounts.

We will forward to you copies of statements covering the period in question. These will begin to arrive in separate batches and will be with you shortly.

We are happy to cover any fees for the production of this information and we return your payment.

Although many of our systems are automated, a “manual intervention” by HSBC staff may be required in a variety of situations including; account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time to time during account administration.

If you require more information, please let us know.

Yours sincerely

 

Ian Shepherd

Centre Manager"

I take it this is the same as everyone receives, I await my statements! Quite exciting really!

[cornishocean]

hi lee

 

Your statements will come in about 30 different batches lol so the postman will be kept busy.

Have just got full settlement on my claim

keep to your time scale and good luck

[LeeS80]

Happy days, can't wait!

[LeeS80]

Ignore my ignorance, original post deleted!!

 

I didn't have an agreed overdraft on my account - am I able to claim for the interest charges applied to my account?

[LeeS80]

Right, ready to send off my prelim tomorrow, does this look ok??

 

"Dear Mr Langdale,

Account No. xxxxxxxxx xxxxxxxxx

I am writing in relation to the above account. Upon receiving my statements dating from October 2000 through January 2004, I believe there to have been unlawful charges placed on my account. The total sum of these charges is £913.50. I have enclosed a breakdown of these charges for your reference. Should this matter reach a county court, then further costs will be added as necessary.

I believe these charges in relation to unpaid direct debits total charges and so forth to be unlawful in common law and statute regulations. If you believe this is not the case, I would kindly request a written response with your explanation as to why this might be. I would like this response to include a full and comprehensive breakdown of the costs that HSBC has incurred as a result of my account management.

I would draw your attention to the decision of the OFT who in April 2006 did declare that current bank charges are unfairly high and disproportionate. The Financial Ombudsman has also, in November 2006, launched a full investigation into such charges.

I would politely remind you that it was an implied term at the time of signing my contract that the bank would conduct themselves lawfully and in a manner which complies with UK law. It appears that this has not been the case.

I hope that you will enter into a sincere dialogue with me in relation to the matter at hand. I do not expect to receive an automated computer response to my request. I hereby request that you reply to my correspondence within 14 days. I would request that full and unconditional payment be made by cheque payable to myself.

Should I not receive a response within the allocated 14 days I will assume that you do not wish to comply with my request. I will then proceed to issue a letter before action in which a further 14 days will be granted. I believe this time period to be fair. Should I not receive sufficient correspondence within this time, I shall begin proceedings with my county court to recover the costs."

I've taken the template and jiggled it around a bit, just to be different! Anyone think this is ok or not ?

[Guest bong]

Right, ready to send off my prelim tomorrow, does this look ok??

 

"Dear Mr Langdale,

 

Account No. xxxxxxxxx xxxxxxxxx

 

I am writing in relation to the above account. Upon receiving my statements dating from October 2000 through January 2004, I believe there to have been unlawful charges placed on my account. The total sum of these charges is £913.50. I have enclosed a breakdown of these charges for your reference. [should this matter reach a county court, then further costs will be added as necessary.] - Maybe this bit is unnecessary?

 

I believe these charges in relation to unpaid direct debits total charges and so forth to be unlawful in common law and statute regulations. If you believe this is not the case, I would kindly request a written response with your explanation as to why this might be. I would like this response to include a full and comprehensive breakdown of the costs that HSBC has incurred as a result of my account management.

 

I would draw your attention to the decision of the OFT who in April 2006 did declare that current bank charges are unfairly high and disproportionate. The Financial Ombudsman has also, in November 2006, launched a full investigation into such charges.

 

I would politely remind you that it was an implied term at the time of signing my contract that the bank would conduct themselves lawfully and in a manner which complies with UK law. It appears that this has not been the case.

 

I hope that you will enter into a sincere dialogue with me in relation to the matter at hand. I do not expect to receive an automated computer response to my request. I hereby request that you reply to my correspondence within 14 days. I would request that full and unconditional payment be made by cheque payable to myself.

 

Should I not receive a response within the allocated 14 days [i will assume that you do not wish to comply with my request.]- also not needed? I will then proceed to issue a letter before action in which a further 14 days will be granted. I believe this time period to be fair. Should I not receive a positive response within this time, I shall begin proceedings with my county court to recover the charges."

 

I've taken the template and jiggled it around a bit, just to be different! Anyone think this is ok or not ?

 

Just my opinion

 

best of luck with this

[LeeS80]

Cheers bong, always nice to get another view. I'll change the letter and get it sent off.

[LeeS80]

Sent my prelim off on 9th, and have had to wait until now for royal mail to tell me it is considered missing. I sent this recorded delivery so I guess I'll have to re-send!! What a pain, another two weeks wasted, mind you, the extra money will come in handy after christmas!! :grin:

[LeeS80]

20/12/06

 

Received reply from Colin Langdale.

 

"Thank you for your letter dated 9 November 2006 concerning your request for a refund of bank charges. I apologise for not yet having fully completed my investigation.

 

I will contact you again by 5 January and expect to be able to provide you with a full response at that time.

 

In the meantime I would like to thank you for your patience and enclose a copy of our leaflet which explains how these matters are dealt with. If you need to contact us please quote the above customer reference number."

 

Must admit I didn't expect a reply like this, more of a fob off letter! Anyone else received this type of response? I have my LBA ready to print and send on 5th Jan just in case the response from Mr Langdale is not favourable.

 

Cheers,

Lee

[claire78]

Hi Lee

 

I wouldn't worry about the letter they have sent, it is a standard fob off letter trying to buy more time. Stick to your original timetable and send the LBA when you're ready

 

Good luck

[sarahkt1508]

Hi there,

 

Been following the instructions on site although not posted before. I too have had this "fobbing off" letter although this is on my LBA with the deaadline on Boxing Day. Should I wait till the 5th or send in my money claim online ???

[LeeS80]

Mornin' All,

 

Had another letter this morning from Mr Langdale.

 

"Ref:xxxxxxxxxxxx —xxxxxxxxx xxxxxxxxThank you for your letter dated xx November 2006 regarding your charges of £1252.81.

The bank does not agree with your contention that the charges that have been imposed constitute a penalty and are therefore unenforceable. 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 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 apply are clearly set out in our terms and conditions which you will 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 represent our final response on this matter.

 

Yours sincerely

 

Cohn Langdale

Senior Service Quality Officer"

 

 

As Claire said, they were trying to buy more time. I'm happy that I've got this before 5th though, because now I can send off my LBA on Tuesday!

[lateralus]

TO EVERYBODY WHO HAS RECEIVED A LETTER FROM THE GOOD COLIN.....................

STICK TO YOUR ORIGINAL TIMETABLE -

if he can get a couple of dozen (hundred - thousand) to hold off til he looks into it - what a vision that gives us...........

he's buying time - your time - your money...................

IGNORE THE STALLING TACTICS!

[Guest bong]

Lee, looking at your prelim letter you asked for £913.50. Have they offered you more than you asked for?

 

BTW you didn't need to wait for his reply before sending off your LBA, you've given them 7 weeks to reply to your prelim letter.

[LeeS80]

Hi Bong,

 

I did ask for £913.50, but the letter he says he received dated 9th November didn't get delivered (according to Royal Mail). I sent another one couple of weeks later identical in content.

 

I didn't wait to send LBA, it's just that I was away before christmas etc, and by the time I'd got paperwork sorted, Christmas was here.

[HSBCrusher]

TO EVERYBODY WHO HAS RECEIVED A LETTER FROM THE GOOD COLIN.....................

STICK TO YOUR ORIGINAL TIMETABLE -

if he can get a couple of dozen (hundred - thousand) to hold off til he looks into it - what a vision that gives us...........

he's buying time - your time - your money...................

IGNORE THE STALLING TACTICS!

Could not agree more!

[LeeS80]

Hi All,

 

Just completed MCOL - I'll update progress accordingly and then enter thread into the Litigation Section.

 

Cheers,

Lee

[LeeS80]

MCOL Acknowledged today 27/02/07.

 

Are HSBC usually pretty quick at getting things sorted once they acknowledge?

[givememymoney]

No they will wait until the very last minute to enter a defence so don't expect any change for a few weeks. It is possible that you will get a partial offer but it will probably be about 10% short of what you are claiming just to see if they can entice you into settling without having to pay back everything!!

[LeeS80]

Right - got my Notice of Acknowledgement for this claim. Should I send my Schedule of Charges to DG now? Thanks in advance.

[lateralus]

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[LeeS80]

Cheers Laterlus, thought that was the case, best to check first! Letters sent today. They acknowledged the claim on 27/2 with no further correspondence yet. Here's hoping!