HSBC - Hardship claim and the Bank's response

[BRIGADIER2JCS]

 

Hi guys, I sent a hardship letter to HSBC two weeks

ago, using the template on this website, detailing how I am in hardship and my

loss of job and all these charges making me unable to buy food etc - and they

sent me a form response,

 

 

 

 

 

Basically saying I have already sent a letter in in 2010 and they refer me

back to that letter

 

 

 

 

 

Please can you advise me what to do next???

 

 

 

 

 

Luke

 

 

 

 

 

 

 

 

 

 

Luke your personal data is showing please edit.

Edited October 9, 2014 by citizenB
restored quote box

[lukebolger]

Hi friends,

 

Can anyone tell me which template to use to get a list of all the charges they have applied to my account since I entered hardship?

 

Please help!

 

luke

[citizenB]

Luke, your documents contained personal information. I am just editing them for you and will post them back up in a few moments.

 

Ok.. All done - all letters have been edited and converted to one pdf file - in first post.

Edited October 9, 2014 by citizenB

[BRIGADIER2JCS]

Luke, your documents contained personal information. I am just editing them for you and will post them back up in a few moments.

Thank you CB.

[i hate bailiffs]

Send them a SAR click on the bold text

 

Don't forget the £10 fee

[citizenB]

Luke, I am assuming you were hoping that the Orforster success would persuade HSBC to look at your claim again, yes ?

 

Do you have another thread in respect of this situation so we can see how you arrived at this point in time ?

[citizenB]

You had actually started another thread today asking how to make the reclaim.

 

I am a little puzzled that, you had written to HSBC BEFORE sending a Subject Access Request ?

 

We really do need a little history on this, please.

[Nao]

You had actually started another thread today asking how to make the reclaim.

 

I am a little puzzled that, you had written to HSBC BEFORE sending a Subject Access Request ?

 

You don't need to waste money on a SAR with HSBC to get the info how much they robbed you with their fees. All your old statements with fees listed are available in online banking.

 

Also HSBC sends the standard rejection claiming the court ruled in their favour for the absolute majority of hardship applications, so complaining to HSBC is nothing but a formality anyway with the only purpose of following the rules when later complaining to the FOS.

[lukebolger]

Hi guys,

 

Thank you for editing out my personal information ( not that I care if anyone sees it, HSBC are the crooks! not me )

 

I arrived here by loosing my job in 2009, and having charges snowballing, I guestimate they have robbed me about 6 K to this point

 

I sent them another letter asking for a more personal response other than just their form response and have not received a reply.

 

I haven’t sent the SAR request yet as I font really want to give them any more money but I wrote in my latest letter that they have taken about 4 K in charges (being conservative) so I shall see if they come back with the actual figure.

 

I tried getting them online but their online statements system is very very confusing.

 

I am very sorry i am not doing a great job at this but Ive been so busy with looking for work and my divorce etc.

[Nao]

Log into online banking, click on the account in question, then click on previous statements on the left, that gives you access to all statements for the last couple years.

 

There are two things in each one you have to look for, usually on the 2nd, 3rd, 4th or 5th of each month there will be two entries, one for overdraft interest and a second one for the charges.

 

Write down the date, amount of charges and amount of interest in the spreadsheet you can find here: http://www.consumeractiongroup.co.uk/forum/showthread.php?6964-Spreadsheet-with-interest and then print it out and include it with the complaint.

 

While you can obviously try to complain to HSBC again, I doubt it will achieve much, so a complaint to the Financial Ombudsman Service will most likely be necessary.

 

When complaining to the FOS essentially what you write is that HSBC has failed to treat your case as a hardship application, include some details on the hardship caused and a list of the charges.

 

Also I'll just include this as precautionary info and it may not apply to you,

 

If you are in receipt of benefits (regardless if Jobseekers, Disability, Child benefits or whatever) HSBC has no right to deny you access to them, so if you can't withdraw your benefits at the cash machine walk straight into a HSBC branch and demand a manual withdrawal of your benefits money, you may have to ask two or three times, but eventually front line staff will go and get authorization from their Manager to approve the withdrawal and give you your benefits cash in hand regardless of how badly over the limit your account is due to charges.

[lukebolger]

Thanks so much! I will get this done on the weekend and let you know what they say!!!

[Old Cogger]

keep trying if you win let ,me know as outstanding issues from 2008 with those crooks Hardship fight FOS waste of time but you have to go thru the throws mind you we have BCOBS now?

[Nao]

keep trying if you win let ,me know as outstanding issues from 2008 with those crooks Hardship fight FOS waste of time but you have to go thru the throws mind you we have BCOBS now?

 

No alternative to the complain to Bank then to FOS route though. If you later on decide that legal action against the Bank is necessary then you can show that you are the reasonable one and exhausted all options before taking legal action.

 

Of course legal action is little more than a theoretical thought exercise as HSBC will try to starve you to death with fees before it ever gets that far, I know a guy who they took over £1000 from while he was living in a homeless shelter.

 

But its ridiculous that people have to fight to get those penalty charges back in the first place, you are rich enough to afford a loan? Go you, here is your ppi back, but if you are poor they claim its legal to fleece you left right and centre.

[dx100uk]

numerous threads on the same issue merged

[lukebolger]

PLEASE help,

 

HSBC are playing tricks on me, sent a letter to me in reply to my latest letter asking them to refund my charges as its unfair under the template i got here,

 

the letter they have sent says basically, as you havent given us more information which we requested we are closing the complaint.

 

They havent requested anything

 

I have just received another letter this morning they are fining me £125 this month (again) for going overdrawn.

 

I can't cope, I am unemployed and have medical problems.

 

Please can you give me an idea of what to write to the ombudsman service as HSBC dont give a damn.

[BRIGADIER2JCS]

PLEASE help,

 

HSBC are playing tricks on me, sent a letter to me in reply to my latest letter asking them to refund my charges as its unfair under the template i got here,

 

the letter they have sent says basically, as you havent given us more information which we requested we are closing the complaint.

 

They havent requested anything

 

I have just received another letter this morning they are fining me £125 this month (again) for going overdrawn.

 

I can't cope, I am unemployed and have medical problems.

 

Please can you give me an idea of what to write to the ombudsman service as HSBC dont give a damn.

 

 

All FOS needs is a statement in clear chronological order of what has happened, and what you believe HSBC has done wrong e.g. the £125 penalty charge and anything similar, copies of your letters and the HSBC replies.

[lukebolger]

Would it be better to take HSBC to the county court?

 

What is the likely success? Or would I end up loosing and having to pay HSBC legal fees?

[lukebolger]

Can you tell me what is the best way to go about making the claim in court?

 

How do I start the process? Thanks!

[Nao]

You'll need the form from the FOS website, fill it in, attach a list of the charges HSBC has applied, plus a copy of the response you got from HSBC. You should also add copies of whatever you have to proof hardship, copy of letter confirming you are receiving benefits and such, however the FOS will ask you for more info if you miss something, so don't worry too much.

 

As for what to write in the FOS complaint itself, put into your own words the following:

 

The Case where the Court ruled in favour of the Banks did mention that Hardship applications should still be considered and HSBC has failed to recognize your Hardship and treat you accordingly.

 

Mention it very clearly that HSBC already told you they will be taking money from you again despite having been informed of your hardship.

 

Include some details on the hardship, like for example penalty charges from BT for not paying by dd, Cooker broke down and you can't afford to have it fixed, unable to pay priority debts, malnutrition, insufficient heating in winter, inability to pay service charges in homeless shelter, lack of clothing, frequently no electricity as you can't afford to top it up.

 

(don't include all those, just what applies, plus feel free to add others)

 

You will also have to include in the FOS complaint what you expect as a solution:

 

Stop HSBC from adding future charges.

Immediate, full and unconditional refund of all charges plus 8% statutory interest.

(even if the FOS decides in your favour you may get less than the full amount, but can't blame you for trying to get the lot back)

 

So essentially its just what you sent to HSBC, except for adding the part about HSBC failing to respond in a proper manner to your hardship claim, HSBC falsifying info (the non existent demand for further information) and underlining their intent to exploit your vulnerability by announcing future charges.

[lukebolger]

Ok, I have written a FOS complaint, can anyone suggest improvements

 

p { margin-bottom: 0cm; direction: ltr; color: rgb(128, 128, 128); widows: 2; orphans: 2; }p.western { font-family: "Arial",sans-serif; font-size: 11pt; font-style: italic; }p.cjk { font-family: "Times New Roman",serif; font-size: 11pt; font-style: italic; }p.ctl { font-family: "Arial",sans-serif; font-size: 12pt; font-style: italic; }a:visited { color: rgb(128, 0, 128); }a.western:visited { }a.cjk:visited { }a.ctl:visited { }a:link { color: rgb(0, 0, 255); } Dear FOS,

 

 

I am writing to you to complain about HSBC's treatment of me while I am experiencing financial hardship.

 

 

I have written HSBC many letters, asking for them to stop applying charges to my account, asking for them to tell me exactly how much they have charged my account, all I ever receive back is a form letter telling me a court case has decided bank charges are fair.

 

 

However, the court case they refer to, also stated that Hardship applications should still be considered and HSBC has failed to recognize my Hardship and treat me accordingly.

 

 

As I write this letter a letter from HSBC has arrived stating they will be taking £125 for my going overdrawn over the last month.

 

 

This is a monthly occurrence and results in me being constantly under more and more hardship and getting more overdrawn – and having more charges applied.

 

 

I have asked HSBC for an overdraft – they have refused.

 

 

I have calculated the total amount of charges since the beginning of my hardship in 2009 at £2143.00 plus 8% statutory interest of £171.00

 

 

Totalling £2314.00

 

 

 

 

I would like them to stop applying charges to my account immediately, and return the money they have taken from me.

 

 

Now I shall explain my hardship.

 

 

In 2009 (July the 29th) My father was involved in a life threatening car crash resulting in him being in a coma for 6 weeks. At this time I had to resign my job with Severn Trent Labs to be with him in the hospital and to look after my little sister. At this time I wasn't even receiving Job Seekers Allowance as I was mostly engaged at the hospital in Swansea or looking after my little sister.

 

 

HSBC started taking disproportional amounts of charges immediately for me going overdrawn.

 

 

Since that time I have been unable to get my finances above water as they keep charging me month by month.

 

 

I have since lost another job, and because of the financial hardship exacerbated by HSBC I have had my marriage break down and am divorced, living with my parents and doing odd jobs to try and keep my head above HSBC's greed (the relentless monthly charges).

 

 

I implore you to force their greedy hand to return my money, as I have had no positive response from them.

 

 

I am afraid I will have to proceed to the County Court if you cannot resolve this issue.

 

 

 

 

I also wish to make it clear that HSBC have been falsifying information to try and close my complaint.

 

 

They have sent me a letter two days ago responding to my request for them to take note of my hardship and return the money they have taken, stating that I have failed to issue them with information they requested and are now closing the complaint – no such request was ever received by myself.

 

 

HSBC have disregarded the regulations they are bound by, they have information that I, their customer, am in Financial hardship, yet they have not acted in my interest.

 

 

I allege they have and continue to contravene the FSA BCOB rules they are a signatory to

 

 

HSBC have not at any point acknowledged that this is a hardship case despite me notifying them. They have levied charges of £125 in recent days, and have refused to refund these also. For these grounds I feel that I have been treated unfairly.

 

 

Rule 5.1.4 G “Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty.”

Yours faithfully,

 

 

Luke Bolger

[Nao]

I implore you to force their greedy hand to return my money, as I have had no positive response from them.

 

I would suggest removing the word greedy, simply to sound professional.

 

I am afraid I will have to proceed to the county court if you cannot resolve this issue.

 

The FOS doesn't like the mention of legal action, so I would suggest removing that line.

 

I allege they have and continue to contravene the FSA BCOB rules

 

It should be FCA as the FSA has been replaced by the FCA.

 

Other than that looks good.