Wish me luck!

[Tanjawi]

Just calculated my charges. Total of £606.90. Drafting letter this weekend and will be handing it at local branch Monday! Will keep you posted. LETS GO GET 'EM!! :D

[Switch]

If I were you I would send your letter recorded delivery, or if you hand deliver have the person accepting the letter from you sign a receipt for it.

 

Good luck with your claim.

 

Switch

[Tanjawi]

Thanks Switch, yeah I wouldn't leave without a receipt. if they get funny, the post office is just round the corner.

[Tanjawi]

Just dropped the letter off at my local branch. I asked for a receipt and the BM said "well you can see me accepting from you so no need for a receipt". What????!!! - Nevertheless I asked for one and got it signed and dated. The clock is ticking...

[dave]

Yeah - right. And I bet if you hadn't got the receipt that letter would have been lost - or never delivered.

 

Ha, banks - you gotta love the way they try it on.

[Tanjawi]

Hi,

 

This is unusual. I hand delivered the letter 24th. Today I received a call from HSBC with a chap telling me I'm slightly overdrawn and if there's anything they could do?!!! He also said it's unusual for me?!!!!!! i told him it's not unusual and that I'm putting some money in the account today or tomorrow. How bizzzzzzarrre cause i have been overdrawn for the last 4 years and they only called once before. Could it be the letter or is it just a coincidence??

[dave]

NOTHING is coincidence when it comes to banks or governements in my experience.

 

Take today's news about John Prescott - smokescreen for something they don't want us to know about.

 

I mean, let's be honest. Him having an affair is about as likely as a bank admitting the charges are penalties.

[Tanjawi]

I had a response from Mr. Beaumont dated 2/5/06 to my prem letter handed over at branch on 24/4/06.

 

My claim is for £744. Offer is for £320. Letter is similar to many other claimant colleagues. It states that charges are clearly set out in the Personal Banking terms & conditions and if I proceeded to court they would successfully resist any legal challenge in relation to these charges. Carries on to state that HSBC are mindful of management time and irrecoverable legal costs it may incurr and for those commercial reasons alone, and without any admission to liability whatsoever, HSBC are prepared to make a payment in the sum of £320 in final settlement. If not happy complain to the Financial Ombudsman Service.

 

The trillion dollar question. Do I go for the full amount or do I take less than 50% and shut up?!

 

 

Barclays - claiming £1082 - prem letter sent today.

HSBC - claiming £744 - £320 offered

[overcharged_consumer]

It's up to you but I'd go for the full amount - every time.

 

If they thought they had a chance of successfully defending it they woldn't offer any settlement at all.

[Guest Lueeze]

Its your decision, but claiming all the charges back was why you came here...

 

What have you got to loose?

[Guest Lueeze]

Please stay on 1 thread, we have so many users starting new posts that the forum will become a mess soon enough!

 

Thanks

 

Louise

[Tanjawi]

Yes no probs.

 

Similar letter to Overdrawn's being sent to Mr Beaumont today. It's all or nada! wish me luck !

[Guest Lueeze]

Good Luck!

 

Lou x

[Tanjawi]

Still haven't had a reply to my letter dated 2/5/06 rejecting an offer and asking for all of it back. I was hoping for a quick reply that Overdrawn received but am just getting nervous now. No more nails to bite on.

[Tanjawi]

Hello again, I just needed some advice. Just checked on my online account and noticed that I've been charged £25 overdraft and £7 interest since my last claim. On the 28th of this month I will be charged £100 !!! Ruthless sh**s! My question is whether I can still claim for these back even though my claim is in progress i.e. I have already been offered half of what I claimed and refused it.

 

Do I write another letter saying that I'm adding the above figures to my original claim while they're in their decision process or do I wait for their reply to my ongoing claim and once it's concluded I then claim for the above??

 

Any feedback would be appreciated. Thanks.

[Guest Lueeze]

Have you claimed in small claims yet? If not you can just add this to the form when you claim!

[Tanjawi]

No not yet, still waiting for reply to my refusal to accept £320. I want the full £744 as calculated on 24/4/06. Since then, more charges have been incurred. They have until 16/4/06 before small claims. But what if they offer the full £744 as I indicated in my prem letter, can I still get the charges I was incurred from 24/6/06 onwards?

[Guest Lueeze]

If they offer the full amount, write to them saying you will only accept the increased rate of xxxx to cover your other charges.

 

Unfortunatly you may be reclaiming charges for the rest of your days! lol

[Tanjawi]

That's it for me. HSBC did not reply to my letter dated 2/5/06. It's been 14 days. Do I just file for court straight away as promised in my letter which was sent recorded delivery?

[Guest Lueeze]

yeah you may as well, I doubt that letter was ever coming to offer the lot!

 

Read the court action stuff first to familiarise yourself

 

Lou x

[Tanjawi]

Hi, please c below. I am trying to shorten this but don't know how. I am doing the online claim but can't manage under 1084 characters.

 

Can u please have a quick look and tell me what the most important bits I can keep?

 

Cheers

 

 

1. The Claimant has an account with the Defendant which was opened on or around August 2002.

2. The Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

3. The Claimant wants a refund of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

4. The Claimant has repeatedly tried to solve this issue by means of correspondence.

5. I believe that the contents of these particulars of claim are true.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

[maverik1979]

i think there is a template in the library regarding this

[neilloffhagen]

This earlier post may help:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?p=29610#post29610

 

Neil.

[Tanjawi]

Thank you! That'll do.

[Tanjawi]

I received a letter from Mr A Pretty today. Offering me £815 out of the £915 claimed. Just not to confuse those who have followed this thread, my claim actually increased between the prem letter and the letter before action due to some charges in my account hence the change from £744.53 to £915.28. In any case I am much happier with this offer and I guess I'll accept it to give my account a breather!!! It is much needed. I also walked into my branch two days ago and had a £100 charge reversed. Courtesy of the manager so I guess that's what makes me turn a blind eye to the £100 that A Pretty is not including.

 

One question though - If I sign and accept the proposal does it mean I will never be able to claim back unlawful charges from HSBC in the future??

 

Finally to you All and this wonderful site I can't thank you enough. A donation will be on its way.

 

Lookout for my Barclays thread.