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HSBC DEFENCE - Fees Vs Charges NEW TACTIC?


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I have been charged about £1000 by HSBC on my current account with HSBC.

 

I haven't totalled any of the other charges.

 

Can I claim for just the exceeding overdraft charges?

 

Also what should my schedule of charges look like ? Just a list of all charges with dates when debited?

 

Cheers J

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Hi petschs, here is the link for the spreadsheets http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html#post750

 

You can claim for just the charges you mentioned. If you don't want to use the spreadsheets then a totalled up list of charges with the dates and descriptions of charges will be ok.

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The charges you can claim are listed here

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

which are more than just excess od fees.

You should use the spreadsheets if you can, as you will then be able to add on the interest. You should be using the higher contractual interest rate too, this will punish the bank for unlawfully charging you!!!

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

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Budget insurance cough up WON link HERE

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A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

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Shall I just simply list the charges I'm claiming with the dates on the preliminary approach letter?

As I was under the impression not to send the spreadsheet with interest initially.

Also - when/if I come to sending list with interest stage - what is the higher rate ?

Cheers

James

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One other quick question -

 

Is it ok to only claim for "exceeding overdraft charges" and nothing else?

 

Or do I have to mention every charge for it to work?

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  • 2 weeks later...

Do you have to claim overdraft interest aswell as charges?

 

I am about to send LBA - for 946.00 of charges - however because I generally got paid a day or two after charges were taken - the interest generated by being overdraw was minimal.

 

Can I just simply claim for charges + standard 8% (but not for overdraft interest)?

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Hi Petschs

 

Alot of people DON'T claim the overdraft interest (I didn't) as it can be complicated calculating it.

 

Make sure you don't include the 8% statutory interest until you file the claim.

 

Regards

for FAQs & Step By Step

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  • 3 weeks later...

Just finished my MCOL Claiming for £1000+ including the 8%

 

Am I supposed to send them another Sched of Charges with the 8% on it now??

 

I'm sure I read that somewhere

 

Although they've already had 2 x sched of charges with Prelim and LBA?

 

Am I going mad?

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Hi!

 

I believe you send them the new schedule of charges with the 8% on it now, but if you do it on line then you can't and you should have it to hand should the solicitors request it. You would have prepared it anyway to be able to put your totals.

 

There seems to be a few of us doing them today and tomorrow

 

Good luck

 

TP

xx

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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Just finished my MCOL Claiming for £1000+ including the 8%

 

Am I supposed to send them another Sched of Charges with the 8% on it now??

 

I'm sure I read that somewhere

 

Although they've already had 2 x sched of charges with Prelim and LBA?

 

Am I going mad?

 

lol

 

no madder than the rest of us!

 

You wait now until their solicitors tediously request that you forward them a copy of your schedule - that is what seems to be happening on here. I've filed an MCOL too and am waiting for their response, although they have 14 or 28 days to do so.

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The Canada Square one

Preliminary letter sent to HSBC - 10 October 2006

received by them 12 October 2006

NO RESPONSE

Letter before action sent to HSBC - 24 October 2006

received by them 26 October 2006

Lets wait and see.......................

HSBC settled 90% claim - 16 November 2006

VERY HAPPY WITH THAT THANK YOU!! :D

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  • 3 weeks later...

Anyone been paid out by HSBC after MCOL and defend in full reply recently?

 

I had reply they are defending in full about 19 days ago - so they have 9 days to actually show me some sort of defence - and was just wondering if anyones just been paid out after this stage - recently!

 

Jimbo

 

HSBC Mcol'd for just over £1k

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Hi,

 

Yep loads have received either an offer OR full payout.

 

There is NO loggic to how they handle cases, sometimes thay pay quickly, others seem to be at the 23rd hour - and it is VERY frustrating, but stick with it !!!

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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  • 2 weeks later...

Guys,

 

Got my defence from HSBC today (day before the 28th day cut off)

 

(I have a claim for just over £1000 + interest, court fee etc.)

(My claim is only for "exceeding overdraft charges" by the way, as I believe these above all are the most disproportionate of all!)

 

In their defence they are claiming that the amounts taken from my account are Overdraft Arrangement Fee's and are not charges/penalties.

 

"the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them." (UTCCRs = Unfair terms in Consumer Contracts Regulations 1999)

 

"Futher, the charges are not default charges and, accordingly cannot amount to a penatly."

 

Has anyone else had this defence?

 

What to do!?

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Guys,

 

Got my defence from HSBC today (day before the 28th day cut off)

 

(I have a claim for just over £1000 + interest, court fee etc.)

(My claim is only for "exceeding overdraft charges" by the way, as I believe these above all are the most disproportionate of all!)

 

In their defence they are claiming that the charges taken from my account are Overdraft Arrangement Fee's and are not charges/penalties.

 

"the charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them." (UTCCRs = Unfair terms in Consumer Contracts Regulations 1999)

 

"Futher, the charges are not default charges and, accordingly cannot amount to a penatly."

 

Has anyone else had this defence?

 

What to do!?

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