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HSBC Double Claim


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Hi all - just need a wee bit of advice..

 

I have received statements for one account that I opened last summer, but that was defaulted and closed by November!! I am paying it off through an agency.. I am waiting for the statements relating to my original account which I closed back in 2004.

 

I assume I should be making two seperate claims against HSBC one per account? So send two seperate prelim letters?

 

I defaulted the second account cos I just cashed a load of cheques with my guarantee card when I had zero funds.. Therefore I want to claim back all the £30 charges relating to each of those cheques - plus can I claim back the £176 "card recovery fee" which is what they added to the account when it was passed to some sort of private dick agency who sent me a nasty letter and were threatening to come round and physically recover the card? I just popped it down to the branch in person - but HSBC will probably be able to account for the £176 'cos it is probably what they paid the agency?

 

Any comments would be appreciated...

"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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- but HSBC will probably be able to account for the £176 'cos it is probably what they paid the agency?

 

Any comments would be appreciated...

 

If they have done anything to warrant that fee it should be thrown up with the DPA request - if not then claim it back. If they try to claim manual intervention, or paid for service, then the court would not be too impressed that they failed to produce the evidence when you asked for it.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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  • 2 weeks later...

Update... Not feeling too tickety boo about this initial HSBC claim at all. (Which most of you will know is unlike Don Quioxte)...

 

Received letter from Phil Beaumont this morning. And to be fair, it was actually a very well written, inoffensive, and clearly thought out correspondence (save the fact that he mad a typo with the amount I was claiming by £100!).

 

Refers me to terms and conditions, specifically in reference to overdrafts.. quoting the clause "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". Ya ya we know that. Therefore they contest that the charges are not unenforceable...

 

It is really the last sentence that has cause for concern - because he sounds so confident when he refers me to the Financial Ombudsman Service if I am not satisfied "as this represents our final response on this matter."

 

That really sounds to me, like they are sure, and indeed intend, to defend their position in this particular case.

 

One half of me wants to pen back a quick LBA which does not even give them 14 days, because there is no need to as they have already clearly stated that their position is "final".. so theoretcially I could surely file a claim without notice.. or minimal notice at that?

 

The other half is genuinely reading into the tone of that letter and thinking... "Don, you may be a literary legend... but you are not invincible.."and HSBC are about to P**s on your parade. And that's before I've even sent the prelim for the 2nd far more significant claim..

"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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That response is quite standard Don, just proceed with the LBA, but do give them the 14 days... it will only look better for you, IF it goes to court..

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Even the "represents our final response on this matter" lark... 'cos that I just find that inexplicably confident? 14 is up today anyway.. so LBA as you say (the Don is not being weak.. just mindful that he has no Sancho Panca along for the ride..)

"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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I am claiming for my sister and I had exactly the same paragraph... They ignored my LBA, so I have issued a claim on Moneyclaim for her.

 

Good luck and keep us informed..

If you find this post useful, please click the Scales of 'Justice' in the top right corner. Thanks ;)

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Yep, I got exactly the same letter as my first response. Then, the response to my LBA was only one paragraph, saying that they had already stated their final position, so I moneyclaimed their ass :cool:

 

Just waiting to hear what they say about that.

Claiming: £1312.50

Prelim Sent: 12 April 2006

Response Received: 21 April 2006

LBA Sent :24 April 2006

Second Response: 26 April 2006

Claim Filed : 28 April 2006

Claim Acknowledged: 2 May 2006

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Good to know... cheers, thanks, ta.

 

Just finished typing LBA and included following paragraph just in case it does go to court...

 

"Whilst I notice from your correspondence that it represents HSBC’s final response on this matter, I intend to follow correct protocol, and am thus giving you further notice to consider your position and prevent this dispute resulting in litigation."

have some of that.

"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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They have to use the words "final repsonse" in order to make the compalint qualify for the Ombudsman. And of course they are trying to channel you to the ombudsman so that you get a half heatered investigation and a whitewash in favour of the bank.

 

You just plod along doing what you do. Their letters are just windmills - but you know all about them, don't you?

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Their letters are just windmills - but you know all about them, don't you?

 

Only thanks to this website Bankfodder, and all the amazing work, time, and dedication you and the other administrators have put in... (might actually petition the Pope for a fast-track sanctification - St Bankfodder, St Dave (although perchance there already exists one of those), St Bookworm, St Natasha (again might have to check available alternatives), St Alanfromderby.

 

So big thanks..

"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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Don, this is out of character for you and not the confident person we know. You've had a totally standard reply, refresh your head...look at the good advice you gave to me and follow through x

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suprising telephone conversation today - you can actually speak to these people - I was actually caught a bit of guard..

 

I'd decided that as I didn't want to waste money on sending my LBA by recorded delivery (can't tear myself away from the BAG forums for long enough to get to a post office..), that I would see if I could fax the LBA with the original following by Royal Mail. So I get out my response letter from Mr Phil Beaumont (well known I believe), and dial the generic number for his department....

 

"Good afternoon HSBC"

 

(my god, a real person)

 

"Good afternoon, I was wondering if I might be able to get the fax details for one of your colleagues so I might pop him some correspondence"

 

"Who is it you wish to contact?"

 

"Mr Phil Beaumont, but of course I appreciate that he is likely busy and tied up - handling all the BAG supported claims (okay, I didn't say that bit)."

 

"No, no, if you wish to speak to Mr Beaumont I'll get him for you now?"

 

I'm thinking, hell, why not? Might be fun.

 

"Oh okay then, yes, that would be helpful"

 

30 seconds later, after one verse of Vivaldi's Four Seasons...

 

"Hi, Phil speaking"

 

"Good afternoon Phil, sorry to trouble you. We haven't spoken before but you did reply to a correspondence I sent to you regarding a refund of bank charges. I guess you must be pretty busy handling all the enquiries and claims right now?"

 

SILENCE

 

"Look, I really was just wondering if I might be able to pop you a fax of my Letter Before Action, with the hard copy to follow by standard mail. Just to ensure you received it without delay."

 

REALLY GENTLE NICE VOICE, NO SUSPICION:

 

"Yes, certainly. That would be fine. In fact the quicker I have it, the quicker we can look to action it. My number is...."

 

sorry for the monologue guys, but I felt it was a rather bizarre, and suprisingly productive conversation?!?

"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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Okay,

 

Letter received in direct respoonse to my LBA which was sent 29 April.

 

This letter is from same department (but no tPhil Beaumont).

 

It is one paragraph long so I may as well include it here for future reference:

 

"I can confirm that the Bank's position has been clearly stated in our letter dated 28 April 2006. This letter constituted our final response with regard to this matter,and advised that should you remain unsatisfied, you have the option to refer to the FOS as detailed in the leaflet provided."

End of.

 

they are obviously quietly confident.

 

I am goin to definitely use the two letters combined as ammunition on two counts now:

 

1. I will file against HSBC TODAY. Not wait 14 days (although I have clearly advised others against this in previous thread). Because that is a direct, prompt, re-iteration of their position. It cannot be mis-interpreted. Clearly they do not need or want any further time to consider their position.

 

2. I may well go straight to LBA with my second claim once I have calculated it. Because they have communicated their position in no uncertain terms. I feel I can justify bringing to their attention the second pending action, and the amount, giving them one opportunity to consider their position - and no doubt re-affirm their stance.

 

Kind of irks me that they can be quite so dismissive. But I believe they have possibly foreshortened the claim period to their own detriment, and ultimately I may get a positive outcome quicker than I expected?

 

Comments on a postcard please....

"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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IMHO - go for it. As you say, they have clearly stated their position.

 

If you owed them money and they gave you 14 days but you chose to tell them to sod off after three days, they would be well within their rights to take it to the next level.

 

Go for it Don. Good luck.

 

OC

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Right filing online now...

 

Will I use the main registered address of HSBC (Canada Square)

 

or should I serve the papers to the Service Quality Team address in Leeds? (Phil Beaumont and all the other lovelies there that have been responding to my correspondence).

 

This is great, I feel like a Newbie... what a strange, light-headed experience it is too.

"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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Just a quick word - I had exactly the same position, so I filed the claim 2 days after the second refusal instead of waiting 14 days.

 

I am sure that things will work out fine for you with HSBC.

 

That's all from me - thanks for all the help from everyone on these forums :-)

Claiming: £1312.50

Prelim Sent: 12 April 2006

Response Received: 21 April 2006

LBA Sent :24 April 2006

Second Response: 26 April 2006

Claim Filed : 28 April 2006

Claim Acknowledged: 2 May 2006

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I am sure that things will work out fine for you with HSBC.

 

That's all from me - thanks for all the help from everyone on these forums :-)

Anyone else think this is a hint that s/he got a settlement with a non-disclosure agreement?

 

Neil.

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Right filing online now...

 

Will I use the main registered address of HSBC (Canada Square)

 

or should I serve the papers to the Service Quality Team address in Leeds? (Phil Beaumont and all the other lovelies there that have been responding to my correspondence).

 

This is great, I feel like a Newbie... what a strange, light-headed experience it is too.

 

Don,

 

Most people say to serve against your local branch. However, personally I'm inclined to serve against 8 Canada Square given that they have not responded to a single letter I've sent. Maybe they'll fil to respond to the summons and I'll win by default! Doubt it though - I reckon wherever it goes it'll just get forwarded straight to their in house legal team - DG Solicitors.

 

OC

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LOL, very subtle!

Think you and Neil should get together and form a conspiracy theory forum clearly you are not alone....

 

I will serve against the Leeds Service Centre address I think.. if it doesn't really matter - as you say it willjust get bounced to DG Solicitors in Edgbaston anyway...

"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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Still would like opinions on the point I raised earlier re the second claim... and the fact that I know what HSBC's viewpoint is.. therefore is it reasonable to go straight in with an LBA on the second acccount (once I have made the calculation?)... Just using an opening sentence like:

 

"As you are no doubt aware I am currently pursuing a claim in the County Court regarding charges applied to HSBC account XXXXX. In light of the correspondence I received regarding HSBC's position on their charges, and the fact that you believe such charges to be both fair and enforceable, I am writing to provide notice of my intent to file a second claim in the small claims court for £XXXX in relation to the unfair and unlawful charges applied to account XXXXX...."

 

Come on oh ye knowledgeable ones...

"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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  • 2 weeks later...

SitRep from Don HQ

 

Erm, I didn't actually file the moneyclaim against HSBC for £365 even though the LBA is up...

 

Still waiting for statements from HSBC with regards the more substantial account/claim dating from 2000-2004. They are past the 40 days on the DPA with regards this account.

 

I am therefore thinking, as soon as I receive those statements - make an immediate calculation and amalgamate the two claims as one. Then launch a multi-pronged attack on HSBC...

 

 

1. The Flanking Manoeuvre

 

write directly to both Phil Beaumont (who declined my initial request) and Cc his colleague who also declined the subsequent LBA. Stating that as I already understand HSBC's postion I intend to give them only a further 7 days before filing the new amalgamated claim in full.

 

 

2. The main thrust

 

Target the head office of HSBC in Canada Square. I intend to post a letter simultaneoous to the flanking manoeuvre in which I express my disgust at HSBC's failure to honour my DPA request within the forty days. I will emphasise this represents an astounding failure in customer service, not to mention being a direct breach of the Act itself and thus warrant reporting to the information commissioner. The aim of this assault is simply to tie up enemy resources - and lower morale.

 

 

3. The Rearguard action

 

I intend to emphasise both to HSBC and independent observers (the Courts) that I have conducted myself honourably, and attempted to maintain open lines of communication with the enemy at all times. To date, HSBC have failed to enter into sincere negotiation, and continue to dig-in - I intend to give them 7 days to consider their overall position (once I have amalgamated my claims and re-caalculated the refund I request) before launching the final offensive.

 

If anyone feels this breaches the Geneva Convention, Human Rights Legislation, or BAG standard operating procedures then please advise.

"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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I think it is better to amalgamate the claims - as the bank can always apply to the court for amalgamation anyway. By doing it now you could avoid the delay that would be caused.

 

I would suggest that you could beef up section 2 with a threat to issue a further CC Claim under the sections 7 and 15(2) of the Data Protection Act 1998.

 

Other than that you seem to be well on top of the situation. Look forward to reading progress.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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If anyone feels this breaches the Geneva Convention, Human Rights Legislation, or BAG standard operating procedures then please advise.
Strikes me as very honourable and gentlemanly behaviour...I am days away from going for the jugular myself, and I could learn a few lessons in restraint from your postings...

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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