Here Goes

[owdoo]

I have never been so shocked in all my life, after hearing about this site from a friend i knew i was being over charged but as with all things i have put it to the back of mind as i quite simply thought i was in breach of my account, and in all fairness felt quite embarrased about my lack of account management skills.

 

Here who dares as they say, i have spent the last few hours calculating my charges and drafting letters so in short i am know chasing HSBC for £1665.40

 

I have drafted the initial letter which will be in the post today and also sent an e-mail, (Just to be sure)

 

Will keep you posted and thank you all for posting all your comments of which i have refered to throughout!

 

OWDOO

[livelylad]

I have never been so shocked in all my life, after hearing about this site from a friend i knew i was being over charged but as with all things i have put it to the back of mind as i quite simply thought i was in breach of my account, and in all fairness felt quite embarrased about my lack of account management skills.

 

Here who dares as they say, i have spent the last few hours calculating my charges and drafting letters so in short i am know chasing HSBC for £1665.40

 

I have drafted the initial letter which will be in the post today and also sent an e-mail, (Just to be sure)

 

Will keep you posted and thank you all for posting all your comments of which i have refered to throughout!

 

OWDOO

 

Best of luck please keep us informed of you progress.

[owdoo]

Originally Posted by owdoo

14 days gone by and still no response to my claiming £1450 the draft letter tells me to neter th name of the curt i will be going through? which court is this small claims or a local magistrates?

 

eg:This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

 

Please help

AAARGGGH:confused:

[lateralus]

i looked at the lba in the step by step instructions and can't see that particular line, 3. Letter before action - Consumer version - asking for it back , but don't worry - i think "and therefore the court".... is just as good. presumably you will be using the mcol - very easy stuff, use this next 14 days to read up on it and get familiar with the site - even log on and get your claim all ship shape with the particulars and all so after the next 14 days you will be ready to pay and submit. when in doubt - read the faqs and then other threads - it will keep you busy til it's time to file.

don't be surprised if you hear nothing from them right up to the claim - this is the norm.

[livelylad]

Originally Posted by owdoo

14 days gone by and still no response to my claiming £1450 the draft letter tells me to neter th name of the curt i will be going through? which court is this small claims or a local magistrates?

 

eg:This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

 

Please help

AAARGGGH:confused:

 

Which draft letter are you referring to?

[owdoo]

Livley lad: I found the letter on the GMTV website, is this one ok full letter below.

 

Laterlaus: Cheers i will look into all of that, blimey I have some reading to do!!

 

 

==edited== No personal details please

 

20/11/06

 

HSBC

Customer Complaints

8 Canada Square

London

E14 5HQ

 

 

Dear Sir or Madam,

 

 

 

I refer to default charges applied to my account amounting to £1428.00 plus £237.40, which I have requested you pay back.

I wrote to you on 13.11.06, making the original request for a payment in settlement of my claim. As I have not heard from you I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

I have attached a full schedule of the charges with this document. [iNCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

I look forward for a full response to this letter within seven days, otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

[YOUR SIGNATURE]

 

[YOUR NAME (PRINTED)]

[owdoo]

erm a bit stuck, I am preparing a claim throgh mocl on line or at least reading up n how to claim and the letter to the court has to refer to a person or persons i am claiming against. I don't think MR HSBC is acceptable!!

 

Any help greatly appreciated.

[livelylad]

Livley lad: I found the letter on the GMTV website, is this one ok full letter below.

 

Laterlaus: Cheers i will look into all of that, blimey I have some reading to do!!

 

HSBC

Customer Complaints

8 Canada Square

London

E14 5HQ

 

 

Dear Sir or Madam,

 

Re. Account number:

 

I refer to default charges applied to my account amounting to £1428.00 plus £237.40, which I have requested you pay back.

I wrote to you on 13.11.06, making the original request for a payment in settlement of my claim. As I have not heard from you I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the [iNSERT NAME OF COURT] court will rule in my favour.

I have attached a full schedule of the charges with this document. [iNCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

I look forward for a full response to this letter within seven days, otherwise I will commence court proceedings to reclaim my money.

 

Yours faithfully,

 

[YOUR SIGNATURE]

 

[YOUR NAME (PRINTED)]

 

Ok that letter is crap, it has no substance to it. Use the letters from the template library. The letters and information on this site is the best you can get. Submit the LBA to your bank and you need to give them 14 days to comply.

 

Be careful what you post regarding personal details.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

[owdoo]

Thanks once again in your opinion should i include the following?

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

[Guest bong]

Only if that's what you intend doing owdoo.

 

BTW I've noticed your name is showing in post #6, did you not want to delete it for anonimity?

 

When you raise your claim at MCOL you don't need to put an individual's name, just HSBC Bank plc.

[owdoo]

Cheers fella, I am not sure what you mean by showing in post6, I am afraid i am not used to threads and blogs.

 

Will keep you all posted!

[Guest bong]

If you scroll up to your first post on this thread you will see in the top right corner the number 1.

scroll back down until you see post no. 6. you can edit it by clicking on the edit button in that post.

[owdoo]

Oh I see no i just copied and pasted a leter without thinking the guys on the ste deleted my personal details whih was pretty good!

 

Will keep you all posted just sent this site through to a load of friends who are in the same position and they are getting on with their claims already!

[Guest bong]

the point I was making was that your name is still showing even though its been edited by a mod.

[owdoo]

Letter below about to go in the post, will keep you all posted.

 

 

 

HSBC

Customer Complaints

8 Canada Square

London

E14 5HQ

 

 

Dear Sir or Madam,

 

Re. Account number: xxxxxx Sort Code: xxxxxxxx

 

I am very disappointed that you have failed to respond to my letter of the 13/11/06.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxxxx plus £xxxx which you have charged me in overdraft interest for the sum which you have taken. Total £xxxxx.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 13th November 06

 

I require repayment in full of this money; if you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

[owdoo]

AAAARRRGGHHH.... this is so frustrating not a phone call or a letter last letter sent over 14 days ago now!!

 

I cant believe they had the audacity to call me and ask me how my business account was doing i havent used the thing for 2 years untill last month when i put some money in it!! and they haven't called me in all that time!!

 

Wha o i suppose i go through the online claming forms!!?

[owdoo]

Can anyone help, I am in the procss of reading through MCOL I have not heard a thing from HSBC..... would it be advisable to call them and le them know what i am doing to see if they would like to settle out of court?

[lateralus]

no, if the time you gave (14days) is over - just file. they seldom make a move before you do. just go through the step by steps and file your claim - you will find the mcol very easy to register and follow through, get it submitted as soon as you have your particulars the way you want them.

once you file - the courts will notify the bank

[owdoo]

Hi people hope you all had a good Christmas!

 

I am in the process of going through my claim on-line and I am on the page where i enter my particulars of the claim, are there any templates for this on the site, also since i wrote my first letter I have once again been charged can I/should I claim for this? and if so shall i put this in the courts claiming subject?

[owdoo]

OK MCOL sorted just need t pay the £120 court fees is this right as i tought they were supposed only be £30

[Michael Browne]

Claims over £1000 = £120

At AQ stage claims over £1500 = £100 AQ fee

[owdoo]

aaaagh I have just opened a letter dated today explaining HSBC will ge back to me regarding my claim by Jan 10th 2007, shall i hold off on my mcol application?

[Michael Browne]

Only if you're an extreme optimist and if you think:

1 They will reply by Jan 1oth

2 They will settle in full.

[owdoo]

OK they were true to their word and i got a letter this morning offering me £1355 against my origional claim of £1428 + £237 interest, however since this time i have recalculated including the interest and started the proces o my claim through MCOL although I have not as yet processesed it as i dont have the £125 for the court fee at this time.

 

I am tempted to respond to HSBC's letter is this wise?

[lateralus]

respond saying?????