some clarification needed before I start

[lizzie999]

Hi

 

This site has been a real inspiration and I have now plucked up the courage to take the first steps towards claiming back my unfair bank charges. I have been reading the site all afternoon and have attempted to find the answers to most of my questions but would really appreciate some clarification on a few things before I take the plunge.

 

I am planning to claim from HSBC for two accounts which I am no longer using. Would I be better off closing them before I send my preliminary letter so they can't do this for me at a later date and log something nasty on my credit file at the same time?

 

I think my credit rating is good at the moment and therefore do I need the line about whether they have lodged any default notices against me?

 

I have been able to access the last 6 years statements' on-line - it gives me details of the charges applied each month which I am fairly certain are as a result of going over my overdraft limit rather than having DD's etc declined. Can I use this information or would it be better to go through the motions of writing the DPA letter and asking about manual interventions etc?

 

I have read somewhere on the site that charges of more than £12 are considered inappropriate - does this mean I shouldn't claim when the charges for an individual event have been less than this? For example at one point HSBC were charging £9 every time the overdraft limit was breached (or perhaps it was for every day it was breached) although this is shown on my statements as a monthly total charge e.g. £18.

 

Finally, when giving the bank deadlines to reach (14 days to respond etc) is this working days or do I include weekends?

 

Sorry this post is a bit long, but I really want to get this right and don't want to leave any loopholes open.

 

Thanks

Lizzie

(chat forum virgin!)

[bram stoker]

Hi Lizzie and welcome.

 

If your credit rating is good, you don't need the line. There are steps you can take later if they do log something nasty.

 

You would be best to open a "parachute account" to jump into if necessary. It is not unheard of for the bank to close your account, but unlikely.

 

The £12 is not a fair charge. Claim the whole lot as we know it only costs them less than 50p to charge using their automated systems. Leave it to the bank to explain their costs - they won't - they'll just refund you.

 

Good luck.

[lizzie999]

Thanks Vampiress

 

I already have current accounts with a couple of other banks so should be ok on this front.

 

I'm claiming for charges against two accounts with HSBC - should I write separately for each or can I claim for both in one letter?

 

Really appreciate the support and guidance offered - hopefully preliminary letter will be ready in next few days so will keep you posted on progress.

 

Thanks again

[bram stoker]

One letter will suffice. Ask if you need anymore help, that's why we're here, but also have a good read around. You'll be surprised at some of the things you read I'm sure, and gain valuable knowledge along the way.

[lizzie999]

well, well, well

 

my deadline for response to prelim was up yesterday with nothing but a standard letter saying they'd look into it which I got last week. Unfortunately I had no chance yesterday to draft LBA but came home today to my first letter from Mr Pretty.

 

They've offered me 90% as full and final etc. The outstanding amount is only about £70 and although I feel quite positive about this and that maybe I should take the money and run, I feel strongly that really they owe me the lot and £70 is much more significant to me than it is to them.

 

I'm presuming that if I accept this and pursue the rest I will only be able to add 8% of the outstanding balance if it gets to claim submission stage.

 

With this in mind, am I better off saying no to this offer and that I want the whole lot, otherwise I'll submit a claim (presumably this is LBA and therefore I give them 14 days) which will include 8% interest on the full amount plus my fees. That way if they do let it get as far as moneyclaim then I get the interest on the full amount.

 

Alternatively am I being a greedy girl and therefore accept the 90% (I am a bit nervous about saying no and ending up with nothing).

 

Guidance from you wise people would be much appreciated.

[bram stoker]

It's not greed to want what is rightfully yours and was stolen from you.

 

If you want to go for the full amount, as I would, and many others, then do so.

 

Good luck,

Vamp.

[caro]

Clever girl Lizzie. You are ahead of me with your claim and I must admit I hadn't thought about not getting 8% on the lot if you accept part payment.

 

Go get 'em girl!

[bram stoker]

I have to say, in my opinion, you should accept any offer of a refund, or the courts may look unfavourably on you. Just don't accept conditions or closure of the claim until 100% has been refunded.

[Stodge]

Well done LIzzie on at least being offered 90% - I started my claim around the same time as you and the only thing I have got is the standard 'we are looking into things and will get back to you in a zillion years time!!' letter, so I sent my LBA a couple of days ago.......

 

Accept the 90% as an interim payment and if I was you I'd pursue them for the rest as a matter of principle!!

 

Good luck - Stodge :grin:

[lizzie999]

Thanks cyber frinds for helping me to keep my feet on the ground. Its hard not to get caught up in the whole thing and start seeing interest as a form of compensation. Had it not been for this site there's no way I'd even be in this position now.

 

As you have suggested, I shall take what they have offered but will continue on for the remaining amount. Presumably I write back combining an acceptance (without conditions) with an LBA for the remainder.

 

Thanks again

[lizzie999]

Hi again

 

just putting my LBA together. I'm going to say I'll accept the offer they've made as partial settlement, and have told Mr Pretty that if its refunded it they can deduct it from the amount I'm asking for back (as Alan from Derby suggested for Juicy)

 

A lot of whats in the LBA (taken from template on library) about the charges being unlawful and it being implied that they will conduct themselves in a lawful manner was included in my prelim letter to them. It feels a bit wierd writing exactly the same stuff again - is it essential that I include it again?

 

Thanks

[maverik1979]

its very likely that they might not even read the letter properly anyway, so i wouldnt worry too much about it, its important to be very concise when dealing with the banks as any slip ups will be pounced upon, so dont worry about repeating yourself either , you're just covering your own back

[lizzie999]

Thanks Maverick

 

I guess its probably better to be totally clear and explict when dealing with such organisations.

 

Here goes...

[Stodge]

Hi Lizzie - did you send the letter accepting the partial refund of charges and that you were persuing them for the rest?? Just wondering if they paid out?

 

Stodge

[lizzie999]

Sorry for not responding sooner Stodge, its been a bit hectic round here and I've found it difficult to log on as much as I'd like and when I do I spend all my time catching up on other people's stories. Its great to hear that people are interested in whats going on - its what keeps me going.

 

I sent my acceptance of what they'd offered as an interim payment letter combined with an LBA, the deasline of which was today. Got home to a letter saying they'd withdrawn their offer and referring me to the Ombudsman, which I gather is becoming fairly typical for them.....so have started filling out MCOL this evening.

 

I have been reading a post by Griffin Grumbler about sending the courts a breakdown of what I'm claiming for (and perhaps sending this to HSBC as well so they can't claim ignornace of it). Do people think a spreadsheet is acceptable detailing date of charge, description (as detailed as they've given me i.e. TOTAL CHARGES), amount and amount of interest accrued (the 8% I'm now adding)? Should I also send the courts a copy of the correspondance between me and HSBC?

 

Any thoughts on this would be gratefully received - am trying to stay confident and calm but its all starting to feel very serious.

[caro]

.

 

I have been reading a post by Griffin Grumbler about sending the courts a breakdown of what I'm claiming for (and perhaps sending this to HSBC as well so they can't claim ignornace of it). Do people think a spreadsheet is acceptable detailing date of charge, description (as detailed as they've given me i.e. TOTAL CHARGES), amount and amount of interest accrued (the 8% I'm now adding)? Should I also send the courts a copy of the correspondance between me and HSBC?

 

Any thoughts on this would be gratefully received - am trying to stay confident and calm but its all starting to feel very serious.

 

I understand that a spreadsheet is acceptable. You can now use the 8% one in the library. I'll leave the rest for someone else to answer as I'm a bit behind you, so interested in answers too.

 

We are all behind you so don't panic.

[lizzie999]

Thanks Caro - your words of encouragement really do mean a lot. I shall adapt the library 8% spreadsheet to include all relevant information.

 

Am a bit worried that the fact that I didn't accept the 90% they offered me will count against me in the Court's eyes, but that said I did say I'd accept it as an interim payment. As many have pointed out, this money is ours so why should we be fobbed off with anything less than the total amount.

[caro]

I don't think you need to worry. The charges are 100% unlawful so why should you accept 90% back?

[lizzie999]

Have submitted my claim via MCOL so this should be processed tomorrow morning.

 

I have prepared a spreadsheet detailing the charges to send to the Court and the bank. Just wanted anyone's opinion on where best to send this info. I have given the branch address on the MCOL form but am not sure whether to send the spreadsheet and covering letter to them as well or to Colin Langdale in Leeds who sent me the most recent 'offer withdrawn' letter. I know the response to anyone asking about where to send things to has generally been that they should go to the branch, but since I am filing this claim in response to the letter from Leeds I feel like I should send details of the action I am taking to them.

[lizzie999]

Have been a bit quiet over the last couple of weeks, firstly waiting for something to happen and then just being a bit cagey because of the confidentiality thing (not that I was accepting it, just wanted to cross the t's etc before I shouted from the rooftops)

 

So.......submitted MCOL on 15th June, acknowledgement on 20th. Letter from DG solicitors received on 24th offering full amount and asking for confidentiality. Posted reply on Tuesday 27th having crossed out the bit about confidentiality and written a statement next to it saying explicitly that I did not agree to it and received reply today from solicitors saying money was on its way (no mention of the confidentiality thing). Checked my bank account and the money was already there!

 

Thanks so much to everyone for all the inspiriation to go for this and the advice and encouragement along the way. To anyone contemplating pursuing their bank for return of unlawful charges, GO FOR IT. The banks may try to head you off at every turn, but persevere - justice will prevail!

 

Am about to complete questionnaire and make donation - thanks again.

 

PS - Mods - can you change my thread title to something like Lizzie vs HSBC - Won so that others can easily see its a completed case, thanks

[memoryman00]

Hey Lizzie,

 

Well done on seeing it through and getting the result that you wanted.

 

Just starting a case myself, so will hopefully be in the same position as yourself

 

take care

 

 

Juan

[maverik1979]

fantastic news, another one bites the dust

[lizzie999]

This topic was closed on 10 March 2019.

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