lordbadger v HSBC

[lordbadger]

Hi all, I am looking for a little advice if poss. I have read the info and sent letter 1 before xmas. Once I received my statements I sent letter 2 with a list of dates and amounts i want to reclaim. I am trying to claim for both my current account and credit card (is this poss).

 

Today i received 2 letters from HSBC.

 

1st one is regarding my current account.

 

blah blah.....in order that we can consider your reques please provide a full itemised breakdown of these charges. Is that not what I have done? How should i reply to this?

 

@nd letter is regarding my credit card and says the charges were clearly stated in the terms and conditions and they believe HSBC's charges to be fair. It then says that HSBC does not accept the OFT findings but has lowered its charges anyway for commercial reasons. Is this response normal??

 

Any help would be much appreciated.

 

Cheers

[lordbadger]

Anyone???

[sugaredhoney]

Hello lordbadger, I'm pretty new to this aswell, it sounds like they've sent you two standard letters (one stalling and one to put you off) and think you just have to carry on with your timetable?Could be wrong but I think this is what I have read in a few other threads

[lordbadger]

Thanks for the reply. So you think I should just proceed with letter number 3 and see what happens next?

[sugaredhoney]

I'll give un1boy your link and see if he can check and clarify this as he has been very helpful to me and don't wanna give you the wrong info!

[lordbadger]

Thanks for your help. I shall look forward to any further info before progressing

[un1boy]

Hi all, I am looking for a little advice if poss. I have read the info and sent letter 1 before xmas. Once I received my statements I sent letter 2 with a list of dates and amounts i want to reclaim. I am trying to claim for both my current account and credit card (is this poss).

 

Today i received 2 letters from HSBC.

 

1st one is regarding my current account.

 

blah blah.....in order that we can consider your reques please provide a full itemised breakdown of these charges. Is that not what I have done? How should i reply to this?

 

@nd letter is regarding my credit card and says the charges were clearly stated in the terms and conditions and they believe HSBC's charges to be fair. It then says that HSBC does not accept the OFT findings but has lowered its charges anyway for commercial reasons. Is this response normal??

 

Any help would be much appreciated.

 

Cheers

 

Sugar is right - these are just standard fob offs.

 

Are you claiming for the current account and credit card seperately?

 

You must continue with each step of the process at the end of the deadline dates no matter what they say - unless they have offered to pay you out in full.

 

Please can you clarify whether you are claiming seperately or not and I can help you further!

[lordbadger]

Hi,

 

In my initial letter I asked for statements for both my current and credit card accounts. I received these seperately and went through the charges. Once I had worked out the charges I sent letter 2 which also had both account numbers on it. I requested the total for both accounts but on the attached sheet of paper I did have a breakdown of each individual accounts charges.

 

Today I received two seperate letters as described above. The first asking for a breakdown which I thought I had already done (c/a) and the second saying the charges are fair and no refund will be entertained (credit card).

 

Does this mean I now need to try and claim seperately? I nearly did this initially but decided to do it together as it would be easier to keep track of and I thought it may help.

 

Any advice would be welcome.

[un1boy]

Ok, that's no problem....you've been fobbed off, ignore anything they say about their charges being fair and that they don't agree with the OFT or whatever - at the end of the day, until they provide evidence of how they calculate their charges any amount they charge is unlawful.

 

As for claiming together, that is your choice, personally I prefer doing them seperately because one department might respond quicker than the other, but you have to do what is best for you.

 

As you have started claiming together, keep claiming together; send the next letter and include another schedule of charges for both accounts and add a sentence to the letter referring them to it!

 

Hope this helps!

[lordbadger]

Thanks for your help. I will continue to send the claims together and see where that gets me.

 

What is the best way to set out a schedule of charges? Is there anything I need to be doing to satisfy the banks needs?

[un1boy]

Thanks for your help. I will continue to send the claims together and see where that gets me.

 

That's great.

 

What is the best way to set out a schedule of charges? Is there anything I need to be doing to satisfy the banks needs?

 

No, just copy and paste the spreadsheet entries without the interest bits on to the end of your letter.

[lordbadger]

Cool, that will be in the post tonight then. One last question (for the time being anyway hehe)

 

The LBA starts as below. Am I ok to send that even though they did reply but in a negative fashion?

 

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

[un1boy]

Cool, that will be in the post tonight then. One last question (for the time being anyway hehe)

 

The LBA starts as below. Am I ok to send that even though they did reply but in a negative fashion?

 

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

Badger, these are tempalte letter are just that - templates.

 

Feel free to add and change them as necessary, so you could add in "I am very disappointed that you have failed to [positively] respond to my letter of the [XXDATEXX].

 

[lordbadger]

Thank you once again. My concern when altering is taking an important part and deleting it and totally stitching myself up, ending up with more charges before being thrown in prison

[un1boy]

That;s understandable mate, but have confidence and you can always change it and post it for everyone to comment!!

[sugaredhoney]

Un1boys amendment looked fine and didnt drastically change anything at all, look forward to reading your progress

[lordbadger]

How does this read? any changes required before I post tonight?

 

 

5th January 2007

 

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: 123456789 & 12345678987654321

 

 

I am very disappointed that you have failed to respond positively to my letter of the 20/12/06. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth 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.

 

I calculate that you have taken £420 from current account 123456789 and £152 from credit card number 1234567890987654321, totalling £572.

 

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my previous letter.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

 

Yours faithfully,

 

 

 

 

lordbadger

[un1boy]

looks fine mate!

[un1boy]

Un1boys amendment looked fine and didnt drastically change anything at all, look forward to reading your progress

 

You're right Sugar, but it's best to be professionl and at least respond to what they have said, rather than issuing template letters - we ask that of them too!!

[sugaredhoney]

Very true, of course we're not going to lower ourselves to their standards are we hehehe

[lordbadger]

Thanks very much for confirming all was ok. I have sent the letter so lets see what happens.

[un1boy]

we're not going to lower ourselves to their standards are we hehehe

 

Absolutely not!!

[un1boy]

Thanks very much for confirming all was ok. I have sent the letter so lets see what happens.

 

No probs mate, looking forward to your next post!!

[lordbadger]

Right, I sent the LBA last Friday so we are approaching a week ago. Can you let me know what i should be doing now to prepare for the next stage? I want to be ready to rumble.

 

I have looked at the bank templates and am not sure if I want 4 or 5? maybe i am being stupid but would much rather get things correct by asking.

 

Cheers in advance

[un1boy]

you need to create an account with moneyclaim:

 

www.moneyclaim.gov.uk

 

Enter all the info it askes for, use their registered address at the defendant's addres:

 

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

And use something like this as your particulars of claim:

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

 

To work out the daily interest, simply times the total amount (without the 8% interest) by 0.00022

 

so, if the total is £100, the daily interest amount would be:

 

100 x 0.00022 = 0.022 = 0.02p

 

Hope this helps!