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HSBC - Hardship claim and the Bank's response


lukebolger
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Ok, so you havent got as far as issuing a claim in the courts against HSBC yet ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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Hee Hee ! I think you'll find that SIR is a Lady..... luke...... but your other thread should be up and running now ......:D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. 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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  • 2 years later...

Hi,

Im really struggling here,

 

i have at least 100 pounds bank charges every month

and every month i get more in my overdraft and this increases bank charges and now im -600 on my overdraft limit of -400

 

Please can someone give me a template letter for a hardship case?

 

Thanks

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hi LB

 

BCOBS might be better here

 

are you on benefits par chance>

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Another one which may help you is THIS

 

It also uses BCOBS rules to show that the bank has actually followed its own interests rather than that of its customer, again you will need to adapt the letter to suit and I would pinpoint certain transactions where you would not have suffered the same costs had the bank taken your interests into account.

 

EG if the bank have paid a d/d when there were insufficient funds it may have been more beneficial to you ( i.e. less charges) if they had refused that payment. In such a case they have operated the account to attract more charges which is in their interest and not yours.

 

naughty, naughty bank :lol:

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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All advice and opinions given by people on this site 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, please seek qualified professional legal Help.

 

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here is what i have come up with.

 

Luke Bolger

 

ADDRESS

 

26th of September 2012

 

Dear Sir/Madam,

 

I am writing to HSBC to challenge your treatment of me as a customer. As you are aware, for the past three years, HSBC has been charging me an exuberant amount of money every month, HSBC calls these charges "unauthorized overdraft charges".

 

Since the 11th of January this year, you have made #334 in "unauthorized overdraft charges" to my account.

 

While you are quick to offer advice on how to "manage money" you have not once offered the service to DECLINE payments in excess of my overdraft.

I am sure your legal department will be sending me another form letter detailing your assessment of the High Court Case.

 

In every case where a charge was triggered by my financial hardship, ie not having enough funds in my HSBC account due to the rampaging charges and interest deducted, you could have just as easily placed a cap on my account so that no moneys could be withdrawn exceeding the limit of my overdraft. If you are finding this hard to comprehend, I am happy to draw you a simple diagram.

 

You also treated me unfairly by refusing to increase my overdraft on no less than four occasions! Had you treated me fairly and had my (your customers) interests in any regard of importance, then you should have extended my overdraft to stop this excessive pillaging of my finances by your "unauthorized overdraft charges".I allege that your "unauthorized overdraft charges" are not in any way reflective of the COST to HSBC from my account being over the overdraft limit.

 

Obviously, since the repealing of Glass Steagall Act in 1999, HSBC are literately producing ninety percent of their assets out of thin air.

 

I further allege that HSBC are in breach of your obligations to Treat Customers Fairly as required under the Banking Conduct Of Business (BCOBS) regulations 2009 which have been introduced by the FSA under the Financial Service and Markets Act 2000.

 

In light of the above abuse of my account, I have had to sell my car, and have been without heating for several weeks.

 

I expect a full refund of these "unauthorized overdraft charges" for the past year, if you are willing to refund these unfair charges I will make no more claim on the previous financial years back to 2009.

 

If however, HSBC refuse to refund these unfair charges, call in my overdraft on my current account, or consider, threaten or engage in ANY action that is malicious to me (the customer) I will make a full claim for the past three years in the County Court and refer this case and any subsequent malicious actions to the Financial ombudsman.

 

Without prejudice,

 

Luke Bolger

 

Account no -

Sort code -

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I would say that you need to be more specific ie on xx/xx/xx you paid xyz d/d which resulted in xx charges, however had you refused this payment my charges would have been only x. therefore it is clear that you have acted in the banks own interest to draw in more profit. Under BCOB's you are required to act in my best interests etc etc

 

i would not mention increasing an overdraft as this then sends mixed messages.

 

I would use the letter in the link amending it to suit

 

edit - also look at your accounts to see where the banks charges themselves have created an overdraft (does your contract allow for these charges to become unauthorised borrowing)

 

re-read the letter in the link and understand it before you write

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

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All advice and opinions given by people on this site 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, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

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  • 1 year later...

Hi

 

I have been unemployed almost a year now, and have been getting hit with around £150 a month of charges from HSBC due to not having any income -

 

Is there ANYTHING I can do to claim these back?

 

I also have a loan with HSBC - so at the same time I dont want them to do anything like call in the full amount because I start hassling them to give me my money back

 

Please advise!

 

 

Luke

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Hi

 

I have been unemployed almost a year now, and have been getting hit with around £150 a month of charges from HSBC due to not having any income -

 

Is there ANYTHING I can do to claim these back?

 

I also have a loan with HSBC - so at the same time I dont want them to do anything like call in the full amount because I start hassling them to give me my money back

 

Please advise!

 

 

Luke

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Hi luke

 

Have you been mis-sold PPI on your loan?

 

To claim Financial Hardship they will require a Income and Expenditure form, where you will have to write down your HSBC loan.

 

You need to personalise the template, so it looks like a personal request, they don't like templates, unemployment should qualify for the return of your charges.

 

Here's a templatelink3.gif:-

template letter to request bank charges if you are in fina

 

Two things need to be changed FSA needs to be replaced with FCA,

Also you can send an Income and Expenditure form now or they will send you one once they receive your letter.

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Hi Luke

 

You might have PPI on the loan, PPI stands for Payment Protection Insurance, where the bank make payments in the event that you lose your job or if you are ill.

 

But in many instances, people didn't need it or the bank just added it without the customer knowing.

 

CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

 

Hi Rebel!

 

I have no idea?!

 

What is PPI? I am more interested in getting the bank charges which amount to about 8K over the last 6 years back!

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Thank you so much rebel!

 

I have tailored the letter you gave me, but I am not sure how much I have been charged -

 

and what counts as evidence?P { margin-bottom: 0.21cm; } EVIDENCE OF INCOME/ OUTGOINGS - Such as?

A COPY OF YOUR BANK CHARGES - Maybe I can print these online?

EVIDENCE OF BENEFIT ENTITLEMENT - This one I have!

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Hi luke

 

I don't think you'll get 6 years worth of data online. You could send them a SAR request, that would cost £10 and take 40 days. It might be best to put a guesstimate, no doubt they'll come back with the correct figure. Wait for them to send you the income and expenditure form.

 

Thank you so much rebel!

 

I have tailored the letter you gave me, but I am not sure how much I have been charged -

 

and what counts as evidence?P { margin-bottom: 0.21cm; } EVIDENCE OF INCOME/ OUTGOINGS - Such as?

A COPY OF YOUR BANK CHARGES - Maybe I can print these online?

EVIDENCE OF BENEFIT ENTITLEMENT - This one I have!

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Thanks Rebel!

 

One more thing,

 

I have only been unemployed for the last 9 months, am I claiming back the 9 months or the last 6 years?

 

I have been unemployed in the past - should I just claim the last nine months? Or should I try my luck with the 12 months i was unemployed in 2009 - 2010?

 

Thanks!!!

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Claim 6 years, point out that you don't know how long your going to be unemployed, just say you've had previous unemployed periods, explain that your struggling with bills, etc give examples of your 'Hardship'. i.e. gas, electricity etc

 

Thanks Rebel!

 

One more thing,

 

I have only been unemployed for the last 9 months, am I claiming back the 9 months or the last 6 years?

 

I have been unemployed in the past - should I just claim the last nine months? Or should I try my luck with the 12 months i was unemployed in 2009 - 2010?

 

Thanks!!!

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Thanks again rebel,

 

One thing that I worries me, wont I have more of a hope claiming just the last 9 months back - If I ask for six years wont they just claim that the court case was won by the banks and I can get lost?

 

Is there any chance that they will call in my loan for upsetting them with this request?

 

I still owe £5500 on the loan!

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Hi luke

 

Here's some info:- http://www.financial-ombudsman.org.uk/faq/bank-charges.html

 

There no guarantees on the loan, but if your making payments to it then I doubt they will, you can see if they can do anything on the loan to help you as your presently unemployed.

 

Thanks again rebel,

 

One thing that I worries me, wont I have more of a hope claiming just the last 9 months back - If I ask for six years wont they just claim that the court case was won by the banks and I can get lost?

 

Is there any chance that they will call in my loan for upsetting them with this request?

 

I still owe £5500 on the loan!

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 months later...

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

 

 

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Edited by citizenB
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