Introducing myself

[j1mmyd]

Hi folks,

 

I'm J1mmy .... and I haven't had a drink for .... sorry - wrong place.

 

I'm probably in the same position as many of you here. In my case, a business that didn't do as well as expected put me in what's best described as a poor fiscal position. I've spent the last two years working hard to repay debts incurred by that business. Unfortunately, it seems that the HSBC works hard to prevent that - currently penalty charges are being levied against my account at a rate of £350 a month. A lot of money for an £84 overdraft ... especially as I have only once had a phone call returned from the branch. (To tell me that it wasn't the policy of the HSBC to issue branch telephone numbers).

 

Well, after cajoling, writing, telephoning and begging I've finally resorted to a threat of action and found this place today which appears to have some very solid advice.

 

Over the last 6 years the HSBC has taken in excess of £6000 from my account by way of penalty charges despite my not even being able to get my bank manager to return a phone call for the last 3 years.

 

Strangely, an hour after faxing (copy by post) the 7 day letter my manager telephoned me. I at least had the satisfaction of explaining to her that the main reason for the threatened action was her inability to return a telephone call or letter. She made no offers, nor could she manage to defend her constant inaction. She did state that it was 'Bank policy' to impose these charges to which I responded that it was that very policy I was willing to have questioned in court. The manager (that really is quite a laughable title for someone who seems incapable of managing to dial a telephone number) informed me that any credits were beyond her ability to authorise, but she would have the appropriate department contact me.

 

Thus far, I have had no further contact from the HSBC.

 

Tomorrow, in the absence of any contact from them, we will initiate the claim.

 

Any words of wisdom, advice or general cheerng from the sidelines will be appreciated.

 

JD.

[dave]

Three things are certain in life:

 

1. Death.

2. Taxes.

3. If a bank says they will phone you back, you will never hear from them again.

 

 

Send the letter before action if you know how much they owe you (make sure it's the business version, NOT the personal one - the personal one mentions the Consumer Credit Regs, not applicable in your case).

 

If you don't know, then send the DPA request letter - they HAVE to tell you how much they have taken from you.

 

Welcome, by the way. Have a read around, the rules, faqs etc... and get to know the terminology. It helps, and it helps the bank to understand that you mean what you say.

 

Have you another account ready in the event that they get shirty and close yours?

[j1mmyd]

Thanks, Dave.

 

Just to clarify - these are charges against a personal account. The original debt problems coming from me trying to prop up the business.

 

I don't have another account ready to be used, but I can always draw down cash rather than have salaries paid into the bank.

 

As for them getting shirty, that's fine by me. It rather gives you licence to get down and dirty yourself, right?

 

 

(BTW, you'll get used to my humour).

 

I'm an engineer but trained as a solicitor ... let them get mean ... I haven't put the claim in yet and I'm willing to let them off with interest in return for a quick settlement. If they do get mean, or refuse to talk to me then the claim goes in with full interest. In addition, I'll move the other (good) accounts I have with them.

 

What is truly stupefying is the 'head in the sand' mentality of what seems to be the entire staff of the bank. But hey - preaching to the converted, I'm sure.

[LivingForever]

How do they take £350 amonth in charges? I thought they had a maximum monthly charge of £100?

 

James

[j1mmyd]

Whatever their claimed maximum ... the last two months have cost me £700 plus interest.

 

::insert the expletive of your choice here::

 

Don't worry ... it's coming back. I've also been in touch with a nice friendly journo who's pitched the The Gruniad and the BeeB. Charges for a service are one thing. What this bank is doing to me is something else.

 

It's an old saying that a bank is someone who will lend you an umbrella when the sun is out and ask for it back when it's raining. The HSBC don't do that - they turn on a firehose (copyright Soundbites'R'Us).

[dave]

I don't know of any limits with the banks I have banked with regarding charges - apart from the sky.

[j1mmyd]

Just really using this as an aide memoire, but it might also give some of you a wry smile.

 

I arrived home at around 7.15 and, before I'd got into the kitchen, my mobile rang. It was a member of staff from the HSBC call centre who failed to give her name (I really must start making notes and taking FULL names!).

 

So, the conversation went along these lines:

 

::security questions and confirmation::

 

HSBC: your direct debit for your loan repayment has been declined. Would you like to give me a credit or debit card payment now?

 

Me: No, I can't give you a payment now. I am currently in dispute with the HSBC and I am waiting a response to get that dispute resolved.

 

HSBC: If you don't make a payment then there will be additional charges for non-payment levied against your account.

 

Me: My dispute is regarding the level of charges that are already being levied against that account.

 

HSBC: But you are £115.XX overdrawn.

 

Me: I understand, and the HSBC has levied in excess of £2000 worth of charges against my account in the last year. If you would like to credit my charges back to the account I will be happy to pay you. I actually hoped when you said you were from the HSBC that you had called to discuss my letter before action that was sent last week.

 

HSBC: I'm not prepared to discuss charges.

 

Me: Well, if you're not prepared to discuss the issue in hand then there really is very little for us to talk about.

 

HSBC: Would you like me to cancel the direct debits on your account?

 

Me: No. I would like my bank manager or an appropriate person to discuss this matter with me. Are you an 'appropriate person'?

 

HSBC: I am not prepared to discuss charges. I can cancel the direct debits on your account or you will incur further charges.

 

Me: I do not want you to cancel the direct debits on my account. I would like you to honour the direct debits. I would like you to return the charges that have been levied but, as you've said, you're not prepared to discuss charges.

 

HSBC: ::confirms telephone contact details for me::

 

END

[Movingon]

1. Welcome to the forum!!

 

2. If you are claiming back £6000 or more, you may actually be in a position to set a legal precedent with your case... as you fall outside the remit of the Small Claims track. I wish you well!!!

 

3. A stranger called you up, claiming to be a bank employee and asked for your security details for your bank account. You replied with your security details. Do the math. (Ever heard of phishing emails? Meet their brother).

[j1mmyd]

Proper told off for posting in the wrong place!!!

 

So, here's what I put on the other posting:

 

Hi, folks.

 

Having sent an LBA, I today received a pretty standard 'looking into the matters you have raised' letter from one of the bank's senior service quality officers.

 

Now, unfortunately, I haven't got all the firgures together yet in order to issue the claim, but expect to find time to do that over the next few days. For that reason, and also because I would love to see what response I get, I have just drafted the letter below:

 

Dear Ms. Sunderland

 

Ref: xxxxxxxxxxx

 

Thank you for your acknowledgement dated 12th instant.

 

As previously stated, I am looking to recover the penalty charges levied against my account. The time period stated in the letter before action that was sent has now expired.

 

However, in the interests of time and costs I am prepared to add another 7 days to that period prior to commencing proceedings.

 

If, within those 7 days, you can supply me with the cost element of the penalty charges levied then I am willing to accept the balance in full and final settlement as established by precedent.

 

In the absence of such a letter within that period, then an action will be commenced without further recourse to yourselves.

 

Sincerely,

 

 

My question(s):

 

has anyone ever managed to get a costing element out of the HSBC (or any other bank?)

 

has anyone tried this approach before?

 

has anyone any comments on this approach?

 

Many thanks for taking the time to read and, hopefully, respond.

 

(And thank you Lou for your reply to the other thread)

[Bookworm]

a - No. Not even a Select Committee. Banks refused to give the information as it was "commercially sensitive".

 

b - Yes. See above.

 

c - Yes. You're wasting your time. See above.

[Spiceskull]

My question(s):

 

has anyone ever managed to get a costing element out of the HSBC (or any other bank?)

 

has anyone tried this approach before?

 

has anyone any comments on this approach?

1: I asked them, but they wouldn't take the bait

2: As 1:

3: As BW and Dave say, you will be wasting time trying.

 

Your best bet is to stick to the timetable that everyone else is following. Ignore everything the bank says to you, unless it is an offer to settle. Depending on the level of the offer you can either accept as part settlement or reject it out of hand.

 

HSBC will do everything they can to throw you off track - DON'T let them.

 

Good luck.

[j1mmyd]

This topic was closed on 10 March 2019.

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