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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Maangov V HSBC ***WON***


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Hi all,

 

I'm very new to all this, but i've been doing plenty of reading on many many threads!! It all became clear, and now after further reading has all become very confusing again!

 

I have tried to follow the tutorial. So far i have obtained my statements from my HSBC current account (online). I am planning to tackle this first, followed by my HSBC Credit Card (which also needs a default removing :-S ). I have looked at the spreadsheets designed to help, but i'm not sure which on i should be completing! Can someone point me in the right direction please.

 

I seem to have charges on my account varying from £18 upto £30 for going over my overdraft, or having returned DD's. Can i claim all of these? If so i imagine my clain to be in the region of £500-£700.

 

Any help or advice will be much much appreciated.

 

Thanks

Mike A

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Hi,

You can claim ALL charges applied to your account for card missuse, unpaid items (cheques, SO's, DD's etc) and all the associated interest incurred as a result of those charges !!

 

Can I suggest you read as much as you can in here inc the FAQ's

  • Haha 1

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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Afternoon, hope eveyone had a good christmas.

 

Thanks for the advice steve_n. I've done plenty of reading, and have a few more questions now!

 

I have 6 years statements from my HSBC current account, and have drawn up the advanced interest spreadsheet from vamp. This totals £1225 in charges, and reckons £520ish on interest. I therefore am planning on claiming for the whole, £1745. I think i'm clear on this - Prelim letter to go in the next few days, pending the response to the below question!)

 

Now, i also had (closed last year) a HSBC Credit Card. I sent at S.A.R. request for the statements on this account in the last few days. Can/Should i combine these requests?I'm not sure if they're handled by the same dept.

 

Now that leads me onto another question! If i can combine them, is there a possible correlation i can make between my current account and credit card account, to have a default removed on the CC? I understand this is technically possible if the charges amount to more than the default on the CC, but as my current account funded the CC (and had several payments refused which would of been fine had my charges not been applied), can i claim that this is the reason for default?

 

Sorry to write such a long thread! This forum has been of great use already.

 

Thanks guys,

 

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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  • 2 weeks later...

Cheers Crusher,

 

I have calculated my claim for my HSBC current account, and am awaiting my statements for my HSBC CC. Once recieved i shall combine the two into an LBA and post back.

 

Many Thanks,

 

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Ok time for an update....

 

CC Statements recieved today. I think i've decided im going to claim for the charges, interest taken on charges, and contractual interest. My claim so far is as follows:

 

Using Mindzai's Compunded Contractual Spreadsheet for Current Account:

 

Charges taken: £1212.50 Interest Paid on charges: £543.34

Contractual interest: £908.81 @ 15.9%

TOTAL: £2664.65

 

Using Vamps Online Google Spreadsheet for Credit Cards (Compunded Contractual):

 

Charges taken: £180 Interest Paid on charges: £15.76

Contractual interest: £95.60 @ 15.94%

TOTAL: £291.36

 

Does the above sound correct? I'm using different spreadsheets, but i don't think this will matter to claim?

 

So next step is prelim letter, requesting a cheque for the combined two totals. I am also going to ask for the default removal, as the Current account charges exceed my CC default amount (£1200). Would this be ok? i know advice states CC charges should exceed default.

 

Gratefull for advice before i go ahead and send.

 

Maangov

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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I've drafted my letter. It's quite long! Any suggestions please?

 

TIA

 

Dear Sir/Madam

 

My request

I am writing to ask you to refund to me the charges which you have levied from my Current account and Credit Card account over the last 6 years.

I now understand that the regime of fees which you have been applying to my accounts in relation to direct debit refusals, late payments and so forth are unlawful at Common Law, Statute and recent consumer regulations.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on
the 5th April 2006
and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. 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 accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

With reference to my Current Account, I calculate that you have taken £1212.50 plus £543.34 which you have charged me in interest for the sums which you have taken. Total £1755.84.

 

In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your un-authorised borrowing rate of 15.9%. Therefore the total amount owed on this account, as of today’s date is £2664.65.

With reference to my Credit Card account, I calculate that you have taken £180.00 plus £15.76 which you have charged me in interest for the sums which you have taken. Total £195.76.

 

In addition to this amount, I also claim interest at an annual rate of 15.94% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your un-authorised borrowing rate of 15.94%. Therefore the total amount owed on this account, as of today’s date is £291.36.

I therefore request immediate repayment for the two accounts Total £2956.01. I enclose schedules of the charges which I am claiming with this letter

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

Yours faithfully,

 

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Hi all,

 

I have now sent the above letter, recorded delivery. 14 Days and counting!

 

I have to admit this is quite scary!

 

Cheers

Mike A

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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  • 2 weeks later...

All,

 

Reply recieved today,

 

Thanks for you letter blah blah blah, fees are set out in our banking terms and conditions, if we go to court we would successfully resist any legal challenge in relation to these fees blah blah blah.

We are mindfull of court costs, blah blah, therefore offer you £1030 full and final settlement.

We have passed your CC claim to some other department.

(letter slightly reworded!)

 

So they are offering me £182.50 less than my actual charges. No OD interest, and no contractual interest! I guess now is the time to send a letter accepting payment as partial settlement, and to pursue full settlement?

 

How long do i give them now before starting court claims? Another 14 days?

 

Regards

Mike

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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that was your prelim - so the lba is next - giving them 14 days before you file a claim. here is the rejection of settlement template:Rejection of settlement offer, use it in conjuction with the lba template to make a letter saying, thanks but no thanks, now in 14 days i will be filing. send the breakdown again as well and send to whomever (colin) sent you the offer.

several are going for contractual? look for the links in the search for a lot of that info.

 

try this:

firstnew.gif Why is no one claiming the contractual rate of interest??? (multipage.gif1 2 3 4 5 ... Last Page)

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Thanks Lateralus, How does this sound?

Colin Langdale

HSBC Bank PLC

Arlington
Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

29th January 2007

 

 

CURRENT ACCOUNT NUMBER: xxxx

Response to settlement offer.

 

Dear Colin

 

Thank you for your letter dated
26th January 2007
.

I respectfully decline your offer of settlement. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

As of today’s date, I require repayment of
£2684.15
. This is calculated on £1212.50 charges plus £543.34 which you have charged me in interest for the sums which you have taken. In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your borrowing rate of 15.9%. This amount is increasing at a daily rate of £0.71. This totals
£2684.15.

HSBC have also entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

Unless full payment is received within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

I trust this clarifies my position.

 

Yours faithfully

maangov

 

 

I'm a little unsure who to procede with the default removal. it's a bit complicated, but i'll start a thread for that. Should i go ahead with this?

 

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Thanks again lateralus

 

I think the contractual bit should be ok. I will supply another breakdown of charges too.

 

I'm going to hold out for a couple of days pending a reply to my question on Default removal ( http://www.consumeractiongroup.co.uk/forum/general/61477-default-removal-reasonable-argument.html)

 

It was my hope that CC and Current Account claims were dealt with in the same letters. The link between these two is the basis of Default removal, so i may need advice on which letter to request removal in (and indeed if it gets that far - which court case to request it in!).

 

Cheers

Mike

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Ok,

 

I have now drafted my replies. 1 back to Colin rejecting his offer, and another to David Lewis, requesting CC refunds. How do these sound?

 

Response to settlement offer.

 

Dear Colin

 

Thank you for your letter dated 26th January 2007. I have yet to receive any correspondence regarding my Credit Card. I have therefore written again to Mr David Lewis.

With regards to my current account, I respectfully decline your offer of settlement. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

As of today’s date, I require repayment of
£2688.50
. This is calculated on £1212.50 charges plus £543.34 which you have charged me in interest for the sums which you have taken. In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your borrowing rate of 15.9%. This amount is increasing at a daily rate of £0.71. This totals
£2688.50.

HSBC have also entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

Unless full payment is received within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice.

 

I trust this clarifies my position.

 

Yours faithfully

And this one to CC Dept:

LETTER BEFORE ACTION

 

CREDIT CARD ACCOUNT NUMBER: xxxx

Dear Sir,

 

I am very disappointed that your credit card department have failed to respond to my letter dated 13th January 2007.

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, 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.

 

As of today’s date, I require repayment of
£293.87
. This is calculated on £180.00 charges plus £15.76 which you have charged me in interest for the sums which you have taken. In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your borrowing rate of 15.9%. This amount is increasing at a daily rate of £0.13. This totals
£293.87.

HSBC have also entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require repayment in full of this money. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount including interest and my costs, without further notice.

 

These ok?

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Oh, and on the default front, i have asked for removal in both letters. Is this ok?

 

If neither of the depts reply within 14 days, i shall start court proceedings, and combine the requests, plus ask for a default removal.

 

Any comments gratefully recieved :D:)

 

MikeA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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  • 2 weeks later...

Well i've had a reply today, presumably relating to my CC refund request. I'm a little bit confused as to where to go now!

 

Thank you for your recent contact, regarding the adverse comments recorded on your Credit Reference Agencies file and the request for charges and interest to be refunded.

I have reviewed your Credit Card account and can confirm, your account was registered on XX October 200X by the issue of a Default Notice. As no satisfactory payment had been received in response to the Default Notice, our next stage of action was the notification of a Final Demand. We issued this to you on XX December 200X.

Your account was sent to our debt recovery agents, Metropolitan Collection Services as no satisfactory payment had been received in relation to the Final Demand issued to your Credit Card debt with HSBC.

I can confirm, the Credit Card account has now been fully repaid on X November 200X and the Credit Reference Agencies have been notified this account has been "satisfied" on our records.

You can contact Metropolitan Collection Services at the following:-

[Addresses]

Where they can advise the Credit Reference Agencies to update your account as being marked as satisfied, and you can ask them for a note of "satisfaction". However, this will not remove the registration.

Your comments in respect of the registration held with the Credit Reference Agencies have been noted. However, I would advise you it is not our policy to delete any correct entry from the Credit Reference Agency files.

Following a review of your file, I can confirm HSBC Card Services have acted correctly in this matter therefore the registration will remain on the agencies files for a period of six years from the original registration date of November 200X.

The charges applied to your Credit Card account are as follows:-

• 7
x
£20 late payment fees were applied for the months of [months] as no payment had been received or insufficient amounts paid to cover the minimum amount due each month.

• 2 x £20
overlimit
administration fee for [months]

The Default charges, are charges payable if customers do not make the required minimum payments by the statement due date, if they exceed the agreed credit limit or if a payment to the Credit Card account has been returned unpaid due to insufficient funds in their Bank account to cover the required payment. These are valid charges applied to your Credit Card account, which I regret, I will not be prepared to refund.

The Office of Fair Trading ( OFT) has recently published it's findings from their enquiry into default charges on Credit Cards. HSBC has carefully considered the OFT's publication and does not accept its findings. However, the OFT's investigation has led to a change in the market practice and HSBC has therefore decided, for commercial reasons and in the interest of our customers, to reduce its Credit Card default charges for the future. I hope that I have clarified HSBC's position on Credit Card charges.

If you consider there were exceptional circumstances at the time of your name being registered you may wish to consider adding a 'notice of correction' to your account. This is a short note, written by yourself, advising of your financial position at the time the account was registered. The "notice of correction” should be sent to the Credit Reference Agencies.

The Credit Reference Agencies we use and addresses are as follows:-

[Addresses]

Thank you for taking the time to contact the HSBC and ultimately bringing this matter to my attention, I am only sorry it was necessary for you to do so. I hope that matters have now been resolved to your satisfaction

FULL RESPONSE

We hope that you will be happy with the attached response and this matter can now be considered resolved.

If you wish to escalate your concerns to the next stage, you can write to our Customers Relations Department, at the following address, enclosing a copy of this letter.

[Addresses]

If we do not hear from you within the next eight weeks, we will consider matters resolved.

Cases we cannot resolve can ultimately be referred to the Financial Ombudsman Service, farther details of which can be found in our 'Listening to your comments' leaflet.

 

So it seems they wont remove my default, won't refund any money, and expect me to be happy with their response?!

 

Can anyone please offer any suggestions on how what i should reply with on this one? I'm still planning on putting the N1's for both claims at the LBA deadline expiry, which is 16th (Next Friday).

 

Regards

Mike

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Lol, thanks lateralus.

 

I have drafted this: Hopefull in the post Wednesday morning pending comments :-)

 

FINAL LETTER BEFORE ACTION

 

CURRENT ACCOUNT NUMBER: xxxxx

CREDIT CARD ACCOUNT NUMBER: xxxxx

Dear Sir,

 

I write to you after receiving unsatisfactory responses to my previous correspondence requesting a refund of the charges which you have levied from my Current account and Credit Card account over the last 6 years.

For reference, I enclose copies of the latest correspondence I have received from you Service Quality team. They have so far not met my requests to refund my fees to my satisfaction. I am therefore writing to remind you of my requests before i commence court action.

I require immediate repayment from HSBC of
£xxx

This total breaks down as follows:

With reference to my Current Account, I calculate that you have taken £1212.50 plus £543.34 which you have charged me in interest for the sums which you have taken. Total £1755.84. In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your borrowing rate of 15.9%. Therefore the total amount owed on this account, as of today’s date is £2701.60

With reference to my Credit Card account, I calculate that you have taken £180.00 plus £15.76 which you have charged me in interest for the sums which you have taken. Total £195.76. In addition to this amount, I also claim interest at an annual rate of 15.9% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on at your borrowing rate of 15.9%. Therefore the total amount owed on this account, as of today’s date is £295.41

Additionally, as I have made clear in my previous correspondence, HSBC have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. I require that you remove the default entry from the register in addition to full payment of the sum mentioned above.

In my Letter Before Action dated 2nd February, which you received on 5th February, I informed you that unless you complied fully within 14 days, I would begin a claim against you for the full amount including interest and default removal, without further notice. This timescale is nearly expired and you are reminded that there will be no extensions.

Yours faithfully,

 

Should i make more specific responses to their last letter (ie default removal)? Or just stick to this?

 

Many TIA

Mike

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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Ok thanks,

 

I see your point. Save the details for later! I think the above letter is general enough? I'll post tomorrow and prepare court forms for next Monday.

 

Thanks

Mike

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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  • 2 weeks later...

Evening,

 

I have now composed my POC. Can anyone please comment before submission Wednesday:

 

IN THE xxxxx

IN THE CASE BETWEEN:

xxxx

CLAIMANT

- and -

HSBC BANK PLC

DEFENDANT

Particulars of Claim

1. The Claimant had an HSBC CURRENT ACCOUNT: xxxxxxxxx and HSBC CREDIT CARD ACCOUNT: xxxxxxxxxxxx ("the Accounts") with the Defendant. The current account was opened on or around xx/xx/xxxx, and the credit card account was opened on or around xx/xx/xxxx

 

2. The Accounts are governed by the Defendant’s Personal Banking Terms and Conditions (“the contracts”)

 

3. During the period in which the Accounts have been operating the Defendant has debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied.

 

4. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contracts between itself and the Claimant.

 

5. Two schedules of charges are attached to these particulars of claim.

 

6. The Claimant will further rely on the Office of Fair Trading’s (“the OFT”) statement of 5th April 2006 concerning default charges in credit card contracts, as the OFT’s recommendations regarding standard default terms in credit card contracts have wider implications, as regards bank current Account agreements.

 

7. The Claimant thus contends that:

a) The charges debited to the Accounts:

i) are punitive in nature;

ii) are not a genuine pre-estimate of cost incurred by the Defendant;

iii) exceed any alleged actual loss to the Defendant in respect of any breaches of contract

on the part of the Claimant;

iv) are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) Further to 7.a), the charges debited to the Accounts are penalties rather than liquidated damages. A charge is held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach. A penalty clause is void in its entirety and unenforceable. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss

 

c) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

d) In the alternative to 7.a), b) and c), if the Court finds that the charges are not a penalty, then the Claimant contends that they are unreasonable within the meaning of s.15 Supply of Goods and Services Act 1982

 

8. Contractual Interest

a) The Claimant claims compound interest on the amounts claimed under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, using the rate and method specified in the said contract, and as is applied by the Defendant to monies it is owed.

 

b) The Claimant’s grounds for seeking restitution of the compounded contractual rate of interest is that the Defendant would be unjustly enriched if the Claimant's entitlement was limited to the statutory rate of interest in that the Defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates.

 

c) The Claimant contends that the taking of unlawful penalties from the Claimant’s Accounts is unauthorised borrowing by the Defendant. Therefore, under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, in the first instance the Claimant has calculated compound interest originally charged by the defendant, being 25.90%.

 

d) In the alternative to 8.c), if the Court decides that the Claimant is not entitled to the contractual rate of interest under the principle of mutuality and reciprocity in the contract between the Claimant and the Defendant, then the Claimant has calculated interest under section 69 County Courts Act (1984) at the rate of 8% a year

 

e) Details of charges, interest calculated & rates used are attached to these Particulars of Claim as follows:

Schedule A
– Details of charges applied to claimants current account

Schedule B
– Compound interest on current account charges, calculated daily at an annual rate of 15.90%

Schedule C
– Statutory
interest on current account charges under s.69 of the County Courts Act 1984 at an annual rate of 8.00%

Schedule D
– Compound interest on credit card account charges, calculated daily at an annual rate of 15.90%

Schedule E
– Statutory
interest on credit card account charges, under s.69 of the County Courts Act 1984 at an annual rate of 8.00%

 

9. Accordingly, the Claimant claims:

a) The return of the amounts debited between xx/xx/xxxxand xx/xx/xxxx in respect of charges in the sum of £1xxx.xx

b) The removal of the default applied to the Claimants Credit file by HSBC. Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that HSBC Bank PLC entered details of this default solely due to the level of unlawful charges imposed on my bank account prior to May 2006, specifically that the default amount was the sum of £xxxxxx and the level of unlawful charges was £xxxxxx

 

Further, under section 13 of the Data Protection Act, it is possible to claim for compensation for failure to comply with the requirements of section 14. Whilst not part of my existing claim, I shall retain the right of further action under this clause in the future, should I see fit.

 

c) All applicable Court fees

 

d) Contractual interest at an annual 15.90 % compounded daily from the date of each transaction to 21st February
2007 of £xxxx.xx, as detailed in Schedules B and D attached hereto, and also interest at the same rate, from this date, up to the date of judgment or earlier payment, at a daily rate of £x.xx

 

e) In the alternative to 9.d), interest under section 69 County Courts Act (1984) at the rate of 8% a year, from the date of each transaction to 21st February 2007 of £xxx.xx, as detailed in Schedules C and E attached
hereto,
and also interest at the same rate, from this date, up to the date of judgment or earlier, payment at a daily rate of £x.xx

Statement of Truth

 

Dated this 28th February, 2007

I believe that the facts stated in these particulars of claim are true.

 

Signed:

Claimant

 

Not sure how the combining two accounts sounds? I've made 9d and 9e combine the totals with regard to interest. Should i lay it out seperatly ie have 9d and 9e relate to Current interests and duplicate this for 9f and 9g relating to credit interest?

 

Many TIA

__________________

HSBC A/C - WON! - £1,575 Charges, Stat Interest and default removed before court!

HSBC CC - WON! - £1,025 Charges, and Stat Interest refunded

ARGOS - WON! - £250 Charges & Contractual Interest

CREATION WON! - £180 Charges & Contractual Interest

BARCLAYCARD- Court Date Set - 09/10/2007

EGG - SAR Sent 22/12/06, ID Sent 05/01/07. No progress yet.

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