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Gavin Wilkinson VS HSBC

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Started on the long road to get my money back about 2 weeks ago. Don't know what im gonna claim for yet because im still waiting for the 2nd batch of staments covering the first 3 years of the 6 that you can claim for. But im guessing the total amount will around £1000. Is it worth it?


So being kind of keen i have already ruffed out my next letter using a mish mash of letters from this site and many others. What do you think?


Go easy it's a first draft....


Dear Sir/Madam


My Request


Due to the recent media coverage on bank charges,I am now writing to ask you to refund to me the charges which you have levied from my accounts over the last 6 years.


The regime of fees which you have been applying to my accounts in relation to direct debit refusals, exceeding overdraft limits and so forth are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).


In addition I personally believe that your charges are disproportionately high and therefore they are penalty. Penalty charges are irrecoverable at common law.


If you disagree, then will you please demonstrate this by letting me have proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and how these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in the above mentioned Unfair Terms in Consumer Contracts Regulations 1999 Schedule 2 (e).


Additionally i feel that i should remind you that it has now also 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 finally like to 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 consider that your repeated representations 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.



My targets to resolve this matter


I require you to refund me a total of £xxx.xx representing the total, unlawful amount charged during the last 6 years. I hereby give you 14 days to refund the charges back on to my accounts

I also request a detailed report of which clause in your terms and conditions each charge has been applied against.


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 another letter giving you a further 14 days in which to reflect. Once this has expired (totall 28 days) I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.


Yours sincerely,


Gavin Wilkinson.


Are they within there rights to close my accounts when this is all over?


Also i have been sending it in duplicate to canda square in london and my local branch could i do any better?


cheers all.

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Forgot to say i have had my account wiyh them since i was 12 years old. Im nearly 27 now so lets call that 15 years. So should i be quoting that 1999 act thing?

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Just sent off for that legal pack advertised on here ans some nice stickers..

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dont put to much trouble into your letters


has all of them in a ready to use format


Of course it's fine to put it into you own words but why bother?

Also dont forget that if you use online banking with hsbc you can check the past six years accounts


dont expect a response for your first letter, I didnt get anything from hsbc untill I sent my LBA and even then it was allready filled in the small claims court and was only a part offer, so I rejected it


From what I have read the trick is patience and playing down the line untill the bank break

Best Regards


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