Shelley v HSBC ***WON***

[iwantmymoneynow]

Hi all,

I'm new to this website and was wondering if you could help me? I have worked out from my online statements that HSBC owe me £2959.50 and thats not with interest over the past six years. Can anyone help me where to start? Where do I download the first letter? Do I need to ask the banks for my statements or are the ones on the internet ok?

Thanks for all your help and I'm hoping to send my letter tomorrow once I find it on this site

[pharma rep]

Statements Off Internet Are Fine..download All Letters From Libary On Site ...hope This Helps...you Will Also Find Spreadsheets Etc For Working Out Charges Plus Interest

[steve_n]

Hi Shelly,

Welcome to the family !

ok, you need ful statements for the last 6 years and if you can download from the web that's fine. failing that, write to the bank asking for a list of ALL charges applied to your account and enclose a £10 fee (they rarely cash this)

this letter is a good template - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

Keep a note of the date, they have upto 40 days to respond, usually they do quicker than that.

 

Once you havethis info, trawl through them, noting any charge and also the interest carefully, add the charges up, and if the total = your above sum - bingo

 

Now write a letter asking for them back - this letter is a template for this 1st letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

Allow 14 calendar days - sending reorded delivery

 

If you do notget a response then send this one -

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

 

Again send recorded delivery and again allow 14 days for a response.

 

That should keep you busy for a while, come back to your thread and let us know how it is going and while your waiting - read read read as much as you can in here, other threads will all be at various stages and also READ all the FAQ's section - then you will be older (and wiser)

 

Good luck

 

Steve

[lateralus]

shelley, if you are sure you have all the statements off the internet then you are ready to do the spreadsheet - you can't just add the overdraft interest - it needs to be worked out which portion you can ask for. i've written this little step instruction thingy to help people understand this bit. try looking at this thread HONEYGIE sees you HSBC! (1 2

and look at post number 9. read it and see if it helps - the spreadsheet is

pretty simple once you understand what they want.

then you are ready to send the prelim with your breakdown of charges.

good luck, take a look at it. hope it helps.

[iwantmymoneynow]

Hi, thanks for all your messages, I am in the process of working out the charges and typing up the letter. Will keep you posted!

[iwantmymoneynow]

Hi,

Can you advise where I send my letter too? Is it my branch or head office? Thanks

[HSBCrusher]

All the contact info is in here!

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/213-all-hsbc-contact-info.html

 

all the best with your claim!

[iwantmymoneynow]

Hi,

I have posted and emailed my letter with spread sheet attached and I guess I now have to wait. Keep you informed after Xmas.

Thanks

[steve_n]

Yep, 14 days waiting, but it will fly past what with xmas etc, make on your calendar so your ready for the next stage !!

[iwantmymoneynow]

Hi,

Just had an email (below) from HSBC as I emailed my complaint. I missed the xmas post but will send my letter as soon as possible!

 

Dear Miss Dowsett

Thank you for your recent email. We are looking into the matters you have raised and will contact you with a full response as soon as we have completed our investigations.

Once again, thank you for taking the time to contact us. I am only sorry it has been necessary for you to do so.

 

Yours sincerely

 

Phil Wylie

Service Quality Officer

[HSBCrusher]

Once again, thank you for taking the time to contact us. I am only sorry it has been necessary for you to do so.

 

look, just pay us the money!

[lateralus]

typical fob off mish mash - keep to your schedule!

[steve_n]

It really is the left hand not having the foggiest idea what the right, middle upper and lower hands are up to !!!

 

HSBC are so so typical of a giant corporate organisation that is in utter chaos - except of course when it come to spotting you have exceeded your overdraft limit by 1 PENCE, then the well oiled wheels of the fleecing department spring into action !!!!!

[iwantmymoneynow]

Hi,

I received another letter dated 27th December which I only received this week. Its from a differnet service quality officer which says

'Thank you for your recent email concerning your bank charges. I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigation. In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with'

 

I did not receive the leaflet Hmmmmmmmm

 

What should I do now?

[lateralus]

yes, more stalling from hsbc. looking back - i think you've only sent one letter, right? if so, next one is the lba - template in library section. go ahead and send it and your breakdown (you could still add on any more charges that have come it). send it to the branch or main office or quality serv. team - but send it recorded delivery - that's your proof of posting (and their receiving) - you have no proof with e-mail. stick to snail mail at this point. then wait 14 days - then you file your claim. mostly before you file you get - no response, a fob off response (we are looking into it - wait a few years we'll get back to you) , or a sod off response (they are legal charges and we aren't paying you anything). so, just stick to the time schedule - you've given them more than enough time to respond.

[iwantmymoneynow]

Hi Lateralus,

Thanks for your response, I will send the next letter tomorrow by recorded delivery and let you know how I get on. The address from the quality officer is in leeds, hope this is ok.

Thanks

[lateralus]

fine!

[iwantmymoneynow]

Hi,

Do you know which court I should put on my second letter?

 

Thanks

[lateralus]

don't know what you mean - which court?

[iwantmymoneynow]

Sorry, the lba letter says

'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. '

Have a got the wrong letter? Thanks

[iwantmymoneynow]

Sorry, I had the wrong letter, not sure where I got this from but I now have the correct letter. Can you check this is the correct one please?

 

Dear Sir,

I am very disappointed that you have failed to respond to my letter of the 18th December 2006.

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 £xxx plus £xxx which you have charged me in overdraft interest for the sum which you have taken. Total £xxxx.

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 18th December 2007.

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 a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

[lateralus]

try this link: 3. Letter before action - Consumer version - asking for it back i think you must have found a different one - i don't think that line is in this one.

 

ok, just saw yours above -

i think i left out the data protection statement at the end. just end it af ter full amount plus interest plus my costs and without further notice

[iwantmymoneynow]

Thanks for this Lateralus, I have posted my letter recorded delivery today. Do I wait 14 days from today or from when they receive the letter which i guess will be tomorrow?

Can't wait!!

[lateralus]

today.

[iwantmymoneynow]

Hi everyone,

Just received a letter from Colin Langdale making me an offer for my claim.

A small part of the letter is

'Thank you for your letter blah blah blah. HSBC's interest rates are well publicised in respect to both formal and informal overdrafts. You have asked us to refund overdraft intesrest on your account. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt. In circumstances where you have authorised a payment that would, if met by us, lead to account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our published price list. The circumstances in which the fee apply are clearly set out in our Personal Banking terms and conditions which you were provided with a copy of when you opended your account. If your claim for a refund proceeded to court, we therefore believe we would successfully resist any legal challenge in relation to these fees.:-?

 

However, HSBC is prepared to make a payment to you which is £1200 less than what I asked for.

 

 

What should I do????????????