Pre-estimates

[keyserchris]

As I understand it, the contention from the banks is that the charges applied by HSBC are pre-estimates of the costs incurred when you go over your overdraft/have a direct debit or cheque bounce.

 

Is it possible to ask for confirmation that this estimate correctly covered the costs incurred once you have paid the charge? I do fully expect the answer from HSBC to be "Of course, x amount of people did this, and we sent y number of letters to you etc"

 

However, as we claim the charges are punitive, and not reflective of the costs incurred by HSBC, can we not pre-estimate costs in return to HSBC when we start proceedings for breach of contract?

 

ie: I reckon they owe me 1K in charges over six years, can I pre-estimate my costs as exactly that amount to HSBC and invoice them when I send my initial letter? Or is that what I am effectively already doing if I complain, get nowhere, then proceed to the small claims court to recover the 1K?

 

Hope that makes sense! Any advice gratefully received.

[keyserchris]

As I understand it, the contention from the banks is that the charges applied by HSBC are pre-estimates of the costs incurred when you go over your overdraft/have a direct debit or cheque bounce.

 

Is it possible to ask for confirmation that this estimate correctly covered the costs incurred once you have paid the charge? I do fully expect the answer from HSBC to be "Of course, x amount of people did this, and we sent y number of letters to you etc"

 

However, as we claim the charges are punitive, and not reflective of the costs incurred by HSBC, can we not pre-estimate costs in return to HSBC when we start proceedings for breach of contract?

 

ie: I reckon they owe me 1K in charges over six years, can I pre-estimate my costs as exactly that amount to HSBC and invoice them when I send my initial letter? Or is that what I am effectively already doing if I complain, get nowhere, then proceed to the small claims court to recover the 1K?

 

Hope that makes sense! Any advice gratefully received.

[richardc]

Can we assume it is commercially sensitive because if they released the figures everyone would know what a rip-off bank charges are

[richardc]

Can we assume it is commercially sensitive because if they released the figures everyone would know what a rip-off bank charges are

[keyserchris]

I guess my point on the costs is that effectively, by charging the accopunt user for going overdrawn, they are invoicing me for their costs, only not actually providing an invoice with a cost breakdown, VAT, etc?

 

I have sent an email to HSBC outlining this, using the letter templates and case precedents etc, so hope to hear back within 7 days. If not, I'll pursue under the Data Protection Act, then go to court by the end of April. I'm financially OK now, so I can afford to be patient.

 

I notice their are two claims listed in the litigation forum. If/when they are concluded, can they be used as examples of precedent if I wished to make a claim?

 

Again, many thanks for any light that can be shed.

[keyserchris]

I guess my point on the costs is that effectively, by charging the accopunt user for going overdrawn, they are invoicing me for their costs, only not actually providing an invoice with a cost breakdown, VAT, etc?

 

I have sent an email to HSBC outlining this, using the letter templates and case precedents etc, so hope to hear back within 7 days. If not, I'll pursue under the Data Protection Act, then go to court by the end of April. I'm financially OK now, so I can afford to be patient.

 

I notice their are two claims listed in the litigation forum. If/when they are concluded, can they be used as examples of precedent if I wished to make a claim?

 

Again, many thanks for any light that can be shed.

[BankFodder]

As far as the use of previous county court claims as a precedent, County Court judgments to not set binding precedenets.

On the other hand - should the case be won on its merits (Unlikley) then you could certainly refer to the decision in another case alhtough you would have to obtain a copy of the transcript of the judge's decision.

However, it would only be persuasive.

[BankFodder]

As far as the use of previous county court claims as a precedent, County Court judgments to not set binding precedenets.

On the other hand - should the case be won on its merits (Unlikley) then you could certainly refer to the decision in another case alhtough you would have to obtain a copy of the transcript of the judge's decision.

However, it would only be persuasive.

[keyserchris]

Hmm, I see.

 

Well, HSBC have a deadline of wednesday to reply (in accordance with their OWN rules of dealing with complaints in 5 working days), and friday to have the money in my account.

 

You never know, they may actually come good... Sorry, was overdosing on optimism there!

 

I take it no-one has had full discloure under the DPA outlining the costs incurred by HSBC ? Also, could the fact they've changed their charges 4 times in quick succesion be of any use? IE they haven't reaped the money they thought, and re-jigged the system? Of course, they could argue they changed it to benefit the consumer, couldn't they?

[keyserchris]

Hmm, I see.

 

Well, HSBC have a deadline of wednesday to reply (in accordance with their OWN rules of dealing with complaints in 5 working days), and friday to have the money in my account.

 

You never know, they may actually come good... Sorry, was overdosing on optimism there!

 

I take it no-one has had full discloure under the DPA outlining the costs incurred by HSBC ? Also, could the fact they've changed their charges 4 times in quick succesion be of any use? IE they haven't reaped the money they thought, and re-jigged the system? Of course, they could argue they changed it to benefit the consumer, couldn't they?

[keyserchris]

This topic was closed on 03/05/19.

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