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Keith Davis

K Davies v HSBC ***WON***

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Hi, this is my first post since I joined the site and fired off my system access request asking HSBC for copy statements covering the last six years, this was done by email and I was unable to include the £10 fee which I said would be paid at my branch in cash. I received an acknowledgement from the bank stating that they would waive the charge on this occasion and they duly sent me all the statements requested. It took some time to wade through these statements and I duly logged all the charges and interest onto the spreadsheets dowloaded from the site and on 31st July 06 took these, along with the preliminary letter asking for return of charges, to my local branch where the manager faxed acopy to the relevant department. My claim was for £4,020.50 in charges levied plus £1,046.00 interest, making a total of £5,066.50.

 

I received no response to this letter and enclosures during the next two weeks and on 16th August 06, I took a letter before action and further copies of my spreadsheets to the bank, asking them to fax these documents as before.

 

On 18th August 06, I received a letter dated 15th August and postmarked 16-08-06, which stated that the bank did not agree with my contention that the charges imposed by them were unlawful and therefore unenforceable. The letter went on to say that the contract between the bank and its customer is governed by HSBC's standard terms and conditions, pointing out the relevant clauses therein and stating that a copy of the terms and conditions and a copy of the latest price list were enclosed for my information, - these items were not enclosed.

 

I have contacted my local branch in an attempt to speak to the writer of this letter and they have sent messages to the relevant department asking them to contact me, as although I believe the writer to be based in Sheffield (15 miles from my home) as per the address at the foot of the letter, the post mark states that it was posted from Swansea, and the contact telephone number given connected me to Manila, who then connected me to a call centre in Leeds (40 miles from me) when, 30 seconds into my conversation we were cut off! It now seems inevitable that I shall have to persue my claim through the courts and I have advised the manager of my local branch that unless I receive contact from a senior representative of the bank by close of business today, I will enter into litigation against them without further correspondence.

 

I would be grateful for any help or suggestions you or any other members can give and will gladly share any information or experience with others.

 

Let's get our money back!!!

Happy Bank Crunching,

Keith Davis.

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File the court claim, they won't pay up without it.

Have a read round the HSBC forum and see how they handle other claims.

Good luck :)


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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issue a claim via the courts, it is pretty straightforward, i am currently claiming against both hcbc an capital one, having been transparent with both companies, and have tried every avenue to come to agreement, i believe if my claim/s do, go to court the judge will look upon them unfavourably, as they have not conducted themselves in a proper and decent manner, :)


hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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K.Davis v HSBC. Won £4800.00 - Without the need for litigation!

 

I eventually received an offer of £2000.00 from the bank, who stressed that, whilst not admitting liability, they were mindful of irrecoverable costs and management time associated with such claims. I telephoned the customer services team at Millshaw Park, Leeds and asked to speak to Colin Langdale as the writer of this letter. I was informed that he was on annual leave and spoke to one of his colleagues who was adamant that the banks position remained unchanged. I then sent further correspondence headed 'without prejudice' by email, stating that I was prepared to voluntarily reduce my claim to £5000.00 in order to use the small claims track, pointing out that with court costs and 8% interest added this would result in a claim against them of in excess of £5,750.00. Howevever, I also stated that I would settle immediately for the sum of £4800.00.

 

At this time I also had several ongoing issues and complaints against the bank, mostly service issues, which had not been resolved. I threatened the 'Quality Service' team with the ombudsman and letters to their chairman, Mr Geoghan and head of customer service team, David Lewis, as well as letters to the national press, FSA and Banking Standards Code Board as well as CAG if a senior manager did not contact me within 24 hours to settle these complaints. I was delighted when I was contacted by Mrs Heidi Daniels, who not only listened to what I had to say, but negotiated with the Leeds office who initially offered me the sum of £4300.00, which represented the refund of charges only, not the interest. I rejected this offer stating that I would settle for the sum of £4800.00 as stated in my email. Mrs Daniels then informed them of this and although they fought against it, got agreement from the bank. Further to this she resolved the other issues, refunded other charges and paid a further £250.00 compensation, whilst renegotiating a new overdrat facility for me, what a result! I have nothing but praise for this Lady, sadly as I mentoned to her, too many of her colleagues are 'Idiots' of the highest order!!!

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Well done Keith. It is frustrating i know, that when you call, you get a youngster on the phone,and has to keep asking their supervisor for information on what answers to give you. You did well there as most people have to go through the court route. Enjoy your refund.

 

Merry Christmas to you and your family.

 

Ukaviator


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

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Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

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hI moved your posts from welcome to here, and ammended title.

Start a new thread for your other claim in "other institutions "

Congratulations once again:)


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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