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HSBC DEFENCE - Fees Vs Charges NEW TACTIC?


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Find a thread by Bong I'm sure there something about contractual interest, or search for that wording - I know youre not the first to raise this issue !!

 

In the mean time if I find it I'll paste you a link !

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...

Threads merged.

 

I think a few of the banks are referring to the charges being for services now. Keep reading other threads to see how this pans out.

 

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The London address is possibly best, I am of the opinion that if you send elsewhere they only forward using their internal mail system wasting another couple of days - why give them that pleasure !!

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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I am quite new to all of this but if a bank is stating that it is charging an arrangement fee for an overdraft and therefore providing a service, then surely they would communicate this to us, i.e thankyou for using the unauthorised overdraft service at the agreed price of £30 this new overdraft will be set at Xamount for X number of days?

 

The charge is for breaching the terms of the overdraft, and therefore a penaltly charge. I do not remember any literature stating that we were more than welcome to exceed our overdraft limits (i.e. breach our contract with the bank) but that if we did there would be a service charge!

 

....If it looks like a duck, swims like a duck, and quacks like a duck, then it probalby is.... a duck.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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I am quite new to all of this but if a bank is stating that it is charging an arrangement fee for an overdraft and therefore providing a service, then surely they would communicate this to us, i.e thankyou for using the unauthorised overdraft service at the agreed price of £30 this new overdraft will be set at Xamount for X number of days?

 

The charge is for breaching the terms of the overdraft, and therefore a penaltly charge. I do not remember any literature stating that we were more than welcome to exceed our overdraft limits (i.e. breach our contract with the bank) but that if we did there would be a service charge!

 

....If it looks like a duck, swims like a duck, and quacks like a duck, then it probalby is.... a duck.

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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Oh and you will find in the CPR that the correct address for service for a company is the Registered address (Always found at the bottom of any letter headed paper.

 

In the alternative, you can use the webcheck service on Comanies House for free!

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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..that is to find the registered address!

HSBC recovered bank charges in full plus contractual interest

IF.com recovered bank charges in full plus contractual interest

Marbles recovered credit card charges in full plus contractual interest

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Hi there

 

The banks are now stating that this is a service. I got a letter saying they had considered my unauthorised overdraft request and decided to deny it. This was for a direct debit that was coming out of my account. The system is the same, it is just their way of trying to get out of paying the charge. Have a look at one of my old threads regarding HSBC. I got a reply from a moderator regarding why this is not a viable defence.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/53209-new-wording-hsbc-letters.html?highlight=gemspan

 

Good luck

Gemspan

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Indeed.

The OFT said this....

 

4.21 Disguised Penalties

 

The analysis in this statement is in terms of explicit, transparent default fees. Attempts to restructure accounts in order to present events of default spuriously as additional services for which a charge may be made should be viewed as disguised penalties and equally open to challenge where grounds of unfairness exist. (For example, a charge for ‘agreeing’ or ‘allowing’ a customer to exceed a credit limit is no different from a customers default in exceeding a credit limit.) The UTCCR’s are concerned with the intentions and effects of terms, not just their mechanism.

 

In the money programme a few weeks ago the spokeswoman said that the banks were running the risk of being taken to court over this very issue.

 

 

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

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

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.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Yes, utterly rediculous, a judge would agree, and they know it.

They will continue to settle, but I can see them getting more and more awkward about it. If it actually got to court, they would loose.

 

 

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

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

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.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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