Damo claim against HSBC

[DJ Damo]

Am I right in saying that since the ruling on 5th April that there is now no need to request a list of charges, and that I can go to straight to the LBA stage and base my claim upon a sum of the charges I find from my online statements?

 

regards

 

Damo

[Guest Lueeze]

If you have all the Charges listed and you know what they are then great go for the prelim letter 14days the LBA 14 days then Court..

 

Follow that as it has worked well for others on here

 

Good Luck

[DJ Damo]

What I intend to do is have a meeting with the manager at my local branch (2 mins walk), hand the letter in person and discuss it with him.

woudl you agree that this is a better approach than doing it by post?

[Guest Lueeze]

Hmmm...

 

Well from others stories it didnt get the chares refunded...

 

I spose if its a small amount you may get them to co-operate

 

I recon its fine to take the letter in and tell the manager what you think but I wouldnt expect results there and then

 

(The banks are in denial!!)

[DJ Damo]

Just totted the charges alone...£931.50

 

robbing gits arent they? I have no idea how I would go about calculating the associated interest. to be honest im not hugely bothered and if they offer to settle out of court then I would be satisfied with a refind of just the charges. if it goes to court Ill want the lot.

 

bring it on ... a letter will be drafted later

[idbuchanan]

Damo - are you in Birmingham by any chance?

[DJ Damo]

Damo - are you in Birmingham by any chance?

 

nope, cambridge. why?

[idbuchanan]

nope, cambridge. why?

 

Just wondered - I know a DJ called Damo, so thought I'd ask the question...

[DJ Damo]

Not another one! There's bleeding loads of us

 

Anyway sent my letter off yesterday. So lets see what they do

[ChelseaGirl]

How things going with you charges??

[DJ Damo]

It seems to be following one of the normal routes. I received a letter from HSBC this morning offering me £425 as an "end of" settlement.

They claim that if it went to court they would win, but dont want the hassle so are offering this settlement

 

I want the lot anyway. so what is the deal from here? Letter before action I guess. In the LBA, should I include the counter argument against their statement, ie they claim that I knew about the charges as they were spelt out in the terms and conditions.

 

thanks in advance

 

Damo

[DJ Damo]

My LBA....

 

Dear Sir/Madam,

 

Thank you for your letter dated 4th May 2006. Your positive response is appreciated. However, you have failed to either agree in principle to repay £931.50, or provide me with proof that your charges represent the true costs of your losses.

 

I would like to remind you of the OFT ruling, 5th April 2006, confirming your high level of penalty charges are considered unfair. Despite being listed under the terms and conditions of our contract, the ruling states that any such charges must represent the true costs of your losses as a direct result of my breach. Otherwise, they are deemed to be unlawful at Common Law, statute and recent Consumer regulations in the absence of specific proof to the contrary. Therefore, applying such charges to my account was unlawful and in breach of our contract.

 

I require repayment of £931.50 IN FULL, and unconditionally. 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.

 

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, or the implications, then seek advice from your legal department.

 

Yours faithfully,

[DJ Damo]

Received a letter from HSBC this morning. It wasnt from Mr Pretty this time, its from Paul Archer. It says

 

"Thank you for your letter.

 

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations.

 

In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with"

 

hmm, so you didnt bother reading and digesting the LBA then. muppets!

 

oh well....the 26th of may is court action day.

[DJ Damo]

Ive been a bit slack with my account recently, and the bastards have stung me again, for nother 50 quid. Ill wait until may teh 1st to issue court action, and will be adding this to my claim.

 

btw they have changed there policy recently. apparently the phone peeps cant remove charges, you have to write to your account holding branch. even the manager in the branch across the road cant do it.

[FERRIER2079]

I have had exactly the same response! Along with the leaflet. So they are still sending standard responses even though we have asked them to enter into a sincere dialogue with us!!!

[DJ Damo]

today is court action day. although im gonna wait a few days until the other 50 gets take from my account, and claim that too

[maverik1979]

good luck, most people get their money within 7 days of court summons being issued

[DJ Damo]

Claim Filed.

[maverik1979]

good luck, wont be long now

[Mikelatham]

Im following your claim...

 

Good luck mate!!

[HSBCrusher]

Best of luck!

I have just put in my moneyclaim too.

and what a great day to put it in... 666!

[DJ Damo]

damo 1 - HSBC 0

 

letter received offering full out of court settlement. better make sure I fill in the paperwork correct, but, job done.

 

Big thanks to all those who contributed to the available info that, ultimately, made this win possible.

 

My 5% donation will be made as soon as the money hits my account.

 

and the best of luck to everyone

[Sweety83]

A big congratulations!!! Good job well done.

[HSBCrusher]

Well done!

 

This gives us lot still waiting a bit of encouragement!

Have a beer for me!

 

Crusher

[DJ Damo]

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