HSBC have offered half...

[theboyjim]

Okay here goes this is my first post, just thought I'd let everyone know my story!

 

So, I totted up from online statements that the bank owed me £465 in charges over 5 years, and then sent of the prelimenary letter. I added the fact that I was claiming interest which I was entitled to (to make myslef look generous!) This was sent on the 13th April.

 

Too my surprise and much quicker than I have been reading about, I received a response on the 26th April, less than the 14day deadline I had given them and with no chase up phone calls.

 

This is there response

 

"Thank you for your letter dated 13th April 2006 requesting a full refund of all your bank charges of $465 going back over the last 5 years.

 

In circumstances where you have autorised a payment that would, if met by us, lead to your 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 will apply are clearly set out in our personal banking terms and conditions which you where provided with a copy of when tou opened your account. If your claim for a reund proceeded to court, we therefore beleive we would successfully resist any legal challenge in relation to these fees.

 

HSBC is, however mindful of the management time and irrecoverable costs that it may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £275 representing the charges applied in full and final settlement of this matter.

 

If you accept this proposal please sign and return the enclosed copy of this letterand we will arrange for a refund to be made to you.

 

I trust taht this matter has now been addressed to your satisfaction. If you are not satisfied with the bank's response you have the right to refer the complaint to the financial ombudsman service. Further details about the ombudsman scheme are set out in the enclosed leaflet and you have six months from teh date, within which to refer your complaint to them should you decide to do so."

 

So there goes they've offered me half, the thing is just before I received this letter, I get a message advising that I'm just about to be charged £50. When I check again today this is now £25.

 

I'm thinking of writing a counter letter, accepting the £275, but advising that I will still be requesting the rest of the amount including the new £25, using court action if neccessary.

 

What do you guy's think?

 

Is there any cases that have gone to court that I can quote?

 

Cheers for the advice guys

 

James

[Spiceskull]

I'm thinking of writing a counter letter, accepting the £275, but advising that I will still be requesting the rest of the amount including the new £25, using court action if neccessary.

That's about right - you also need to let them know that your original timetable is still in place, and that you will be following it to the letter.

 

Good luck.

[neilloffhagen]

I just posted the following this lunch time to Alan Pretty. Most of it borrowed from Overdrawn (thanks again). I added the "in relation to charges for the past 6 years" part, as I've been with Midland/HSBC since getting my first job (30 years ago:)) and don't want to risk cutting off any chance of getting any charges back over 6 years old.

 

I thank you for your letter dated 22 April 2006, offering to refund £300 of fees. However, I am not willing to accept this unless you provide me with the information that shows that the bank incurred costs amounting to £530.50.

 

However, as a gesture of goodwill I would be willing to accept £830.50 in relation to charges for the past 6 years and therefore will not seek to claim the 8% Apr and costs that I will add to the claim if it is to progress to a court hearing.

 

You have 14 days to respond and if I have not heard anything within this time period I will commence court proceedings without further notice.

 

Neil.

[Spiceskull]

I like it - the cheeky offer of goodwill is a good move. Good luck.

[neilloffhagen]

I like it - the cheeky offer of goodwill is a good move. Good luck.

It's all down to Overdrawn. She wrote the letter and used it succesfully. As mentioned I just added the bit about 6 years, just in case there comes a way of claiming previous years as well. I've still got a large number of statements going back to the 1980s, so once this claim is out of the way will look more at how that can be done.

[theboyjim]

Thanks Neil, I'll get my letter drafted and posted today, and keep you informed. When did you post your letter?

[neilloffhagen]

Thanks Neil, I'll get my letter drafted and posted today, and keep you informed. When did you post your letter?

Went to the PostOffice and sent it recorded delivery about 13:00 today. Mr Alan Pretty had even provided a stamped envelope, so the recorded delivery was only 68p, instead of the usual £1.00

 

Neil.

[theboytree]

Exactly the same situation happened with me. Sent the Overdrawn based reponse offering goodwill and 'Bob's Your Uncle', Mr Pretty accepted this. I sent that under a month ago and the money is already in my account.

 

Good luck!!!

[Overdrawn]

I like it - the cheeky offer of goodwill is a good move. Good luck.

 

It really is rather tongue in cheek ain't it? almost sarcastic

 

I'm very pleased that so many claimants are finding it useful.

 

I have now modified the letter if anyone would like the updated version please PM me.

[theboyjim]

okay, sorry haven't kept people upto date, but very basically, after they offered me half, I replied asking for the full amount - they declined, saying I'll get nothing.

 

So I started legal proceedings a few days ago using the money claim web site and today the claim was acknowledged - which I presume gives them more time? Has anyone else been in this situation? What was the outcome? How long did it take?

 

cheers for any response

 

james

[Spiceskull]

They have acknowledged - it's good. They therefore have 14 days to file a defence. As they can't, and won't, they will settle within 14 days. Well done.

[overcharged_consumer]

What date did you issue your claim, what date was it served and when was it acknowleged?

 

I issued on 26th May and it was served on the 31st. They still haven't acknowleged. My whole claim seems to be taking longer than anyone else's! I only received the standard response YESTERDAY to my letter sent on 27th APRIL!!!

 

Acknowleging basically extends the time in which they can enter a defence by an additional 14 days. They may enter a defence, they may not. However, either way they will probably wish to settle out of court and will contact you accordingly.

 

Cheers

 

OC

[theboyjim]

okay got the letter back from the courts, confirming that HSBC have acknowledged, and have 28 days from the served date (10th June). It is also says that HSBC intend to defend all of the claim, is this standard?

 

cheers

 

james

[maverik1979]

dont worry, this is their last ditch attempt to put you off, and lets face it, if you didnt talk to us lot and find out whats going to happen, you probably would give up, chill you'll have your money within 10 days i would guess

[theboyjim]

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group