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Closed account in dispute?


The Capitulator
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Hi All

 

I have been reading and absorbing all the info for a while, getting ready to launch claim, reckon about £5k with interest.

 

Background

 

Small business account with 15k loan and overdraft, made up my mind to get charges back in Sept before I saw this site. recieved log number of dispute from OFT after taking it over with them, and popped in to see manager and his boss in Sept.

 

Told him straight no more money into account until charges returned gave him log number from OFT.

 

Couple of letters exchanged mainly due to additional charges after meeting.:shock:

 

Not heard much up to date- (couple of letters -dear john will look into dispute and call you in a year or so)

 

I thought well I'm earning good interest on these unlawful charges. :D so why rush them.

 

Then reading all the fun you guys were having decided I would press the green button. found out yesterday when I called up collections that :-

 

A) despite having a log number from OFT they had closed the account.

b) issued a default notice.

 

What can I gain to my advantage from these 2 actions seeing as they are not supposed to do anything once a case number for complaint has been given-i gave this to manager at meeting in Sept. -they closed acc. and issued default notice after this.

 

After finding this site I formulated my plan -which goes something like :-

 

:cool: wait for them to take it into court and ask them to disclose actual costs -which I figurered would happen just after hell froze over. then I would say ok take away the charges of £5k + interest and here is your money. -

 

My question is - what advice do you guys give as a stratagy :-

A) push the button and take them through the well trodden path as described here.

B) Sit back and let them pay the fees ?

C) any other plan?

 

Additional info

 

Have recieved SAR

Have all the figures except the spreadsheet interest calculation

Prelim typed and ready.

 

Love to recieve all your ideas guys. by the way fantastic site:)

LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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Hi there before you send prelim are you aware that if you intend to claim contractual interest you need to mention this in both prelim and lba, just in case you were, secondly unsure of action about log no from oft and account closure but they must give you 30 days notice before closing and the complaint you made will still be valid only for i think it is eight weeks if they do not hear from you in that time. So are they still investigating your complaint and where did your notice go of intention to close?

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Hi George

Thanks for reply.

I had forgot about the mention of the contractual interest in the prelim, -have seen it mentioned enough on here so thanks for that. I have not received any notice of closure even from bank -even though I sent them four letters by registered post (pre CAG)

The collections dept are still investigating a seperate claim for PPI mis-selling. Thats proberly why its all quiet here. -Thanks for reading.

LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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Hi George

 

I have altered my prelim to include your advice on the contractual interest. Do you think this covers it?

 

The calculations have been arrived at using :-

a) my own complete set of statements and

b) the information derived from the data I received from my SAR.

It is plain to see that as my claim will include contractual interest on a basis of mutuality and reciprocity. then the bank can save a great deal of money by reaching an early settlement.

Thanks again.

LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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Yes thats fine, however the bank wont pay up early as they will stall, delay and be pure ignorant at times so be patient and you will get it all.

On another note the way i claimed contractual interest was to make it part of the claim (poc) when at court stage, your a wee bit away from that but be best to keep it in mind.

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Hi George and all

 

Re "a new way of looking at interest" thread 116, and seeing how I can justify it in my claim,

 

Surely we do not need to to answer the question of :- We as individuals do not have the same overheads as banks and therefore cannot expect to claim back the same interest as they do i.e. 29%

 

I would answer this by saying that the banks overheads are covered and profit made by their "lawful trading" otherwise they would not survive.

 

The receipts derived from "unlawful trading" is pure bottom line profiteering.

 

Also on this point I like to call the banks when they take our money without consent -unlawful intent as to call it borrowing means they intended to give it back?

 

Just my views - any comments?

LSTB (business) S.A.R - (Subject Access Request) received 10th Dec prelim + Contractual interest claim sent 10th Jan07 £5k + change

Received partial reduction mount of £5,563 against loan & overdraft of £18k i.e. 30% reduction. Next step PPI's & managed loans. Jan 07

 

LSTB (Girlfriend) prelim sent 10th Jan07 1st account £670

Received partial refund into account of £457 9th Feb, sent rejection letter. donated 5% 10th Feb

LSTB (Girlfriend) prelim sent 10th Jan 07 £1,450

HSBC S.A.R - (Subject Access Request) sent 27th DEC (approx £3000)

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