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    • gives them a feeling of grandeur. dx  
    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
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My Pending Charges Claim Against HSBC


Spiceskull
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Oh dear, will they ever learn. Just logged on to my account, and I see that another £50 of charges are due to be applied to my account on 7th July. This raises two interesting points:

  • They will receive another letter, and another invoice, requesting the removal
  • They will need to explain how they intend to apply the charges, considering that they are closing the account on June 26th. If I do not have an account on 7th July, it implies that there is no contract. If they apply the charges as stated, how will they be able to enforce them, as the contract will have expired on June 26th...

Oh well...more fun in the pipeline. :)

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Can a solicitor tell you that all communication has to go through them....

 

I know I can tell someone that all future communication has to go through my solicitor.... but not sure if the solicitor can initiate it.

 

The second question on that is can a bank supposedly supplying a service insist all communication goes through their solicitors....

 

I suspet they could if the clarififed it as "all communication on this matter" but in the general case while you have an account open with them..... might be a breach the responsibilities that banks are required to follow.... (even though DG are part of HSBC... I wonder if that depeartment has increased head count recently)

HSBC Claim: £342 - settlement of £300 offered and accepted before court procedings started

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Hello i am about to ask HSBC for my overdraft charges back. Could you help me with advice on how to/ what to write in the first letter. Should it be to the Ombudsman? Do you have a copy i could use?

Thanks

Ed

 

:???:

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Spiceskull: Did it occur to you that they might not actually have the facility to stop all future charges? You know, like someone hasn't taken the time yet to program a button that someone clicks called "Override all charges" or something. I know it sounds dappy, but it's all electronic and their systems will be immense. And if what you're doing is a first then they won't be prepared for it.

 

Either way, I like your style. If you can charge them £75 for posting a letter then all power to you.

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Spiceskull: Did it occur to you that they might not actually have the facility to stop all future charges? You know, like someone hasn't taken the time yet to program a button that someone clicks called "Override all charges" or something. I know it sounds dappy, but it's all electronic and their systems will be immense. And if what you're doing is a first then they won't be prepared for it.

 

Either way, I like your style. If you can charge them £75 for posting a letter then all power to you.

We discussed this and how it almost proves an automated system with no manual intervention facility actually possible!

[

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Sorry guys - I've been out tonight, and will get back on this tomorrow. It is only after a couple of beers that I realise how convoluted and complicated this is going to become...at 18:00 today it was just amusing...now I can see many opportunistic avenues opening up before my eyes...:)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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StrThat said, I did receive a letter from DG, stating that in future ALL communications are to be through them. Right...I don't ever remember opening a bank account with them, or indeed nominating them to act as my fiduciary...indeed, I have never actually requested that they write to me at all...

 

Ask the solicitors if they have a local branch so you can go down and withdraw your money through them :)

 

Mailman

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Update - letter received Saturday 24th, indicating charges to be applied on 7th July:

 

Letter requesting refund (with further invoice attached):

On Saturday I received a further statement from HSBC, stating their intent to unlawfully apply penalty charges to my account on 7th July to the sum of £50. Clearly my letter of 28th April has been ignored, and I find myself writing to you for the fourth time, and requesting that these penalty charges are not applied to my account.

 

As you are no doubt aware, I have, in the past, asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. I have also asked you to demonstrate that they represent a true cost to the bank of the bank's actions, or that they represent a fair pre-estimate of cost for those actions. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

 

I have also asked you to clarify how these charges can continue to be applied in defiance of the OFT statement of 5th April. When the OFT makes a ruling, then creditors are expected, and indeed required, to comply.

 

Furthermore, you will be aware from my account history that the bank has refunded earlier applications of these penalty charges on 7th April and 7th May. Additionally, after raising a claim in the courts, the bank credited my account with refunded penalty charges in the sum of £x,xxx.xx, plus court costs plus interest at 8% APR.

 

I would draw your attention to the following point: you have stated that these charges will be applied on 7th July. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities. However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.

 

You therefore have until 7th July, to prevent these penalty charges from being applied. I am fully aware that my account will have ceased to be operational by this date, and therefore I fail to comprehend how the bank will be able to apply charges to a terminated account. Clearly this is yet further proof, if proof were needed, of the fully automated processes operated by the bank, and therefore that no manual intervention occurs whatsoever. Additionally, and due to this automation, it further demonstrates the ludicrous, and frankly piratical, regime of penalty charges that the bank applies.

 

I would also draw your attention to my letter of 28th April. This indicated that should I find myself in the position that further actions by HSBC required manual intervention on my part to correct breaches committed by HSBC, I would be supplying you with an invoice to compensate me for my time and efforts. The bank has had eight weeks to either accept or decline this condition, and it is implied by your silence on this matter that the term is acceptable. Therefore I enclose an invoice to the sum of £75.00 with this request. Please settle this account within 28 days.

To further add spice to the stew, I received a telephone call this evening - my response to this call:
Last evening I received a telephone call from someone purporting to be from HSBC. They were more than insistent that before proceeding with the call that I should divulge my security details.

 

I am not in the habit of divulging security details to someone calling from an unknown number, purporting to be from HSBC, as to do so would be a breach of the terms and conditions of my account.

 

The person then offered to confirm my date of birth, address and postcode to me, to verify that they were indeed calling from HSBC. I refused this offer, as this would have meant being a party to HSBC breaching all the regulations governing Data Protection. As I am currently in the habit of recording my telephone calls, I have a recording of this conversation on file.

 

I shall be reporting this attempted breach to The Information Commissioner, as well as supplying a copy of this sound file. I also request that HSBC deal with the member of staff concerned, as I would be horrified to learn that HSBC agents are willing to give my personal security details to anyone who answers my telephone. In these days of identity theft, this could result in all manner of criminal activity being committed in my name.

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They never learn do they. Another bank took two direct debits instead of one. I asked for £25 compensation and warned that the next time I would ask for £37.50 and would raise my demand by £12.50 every month they took the money. I based the initial charge on their own scale of charges. They agreed to the compensation and paid up. The following month it happened again. So they paid £37.50.

 

Great service. HSBC learn from this.

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They never learn do they. Another bank took two direct debits instead of one. I asked for £25 compensation and warned that the next time I would ask for £37.50 and would raise my demand by £12.50 every month they took the money. I based the initial charge on their own scale of charges. They agreed to the compensation and paid up. The following month it happened again. So they paid £37.50.

 

Great service. HSBC learn from this.

They paid compensation? You actually said you would charge them and they paid? Wow - that is unbelievable...looks like I have £150 coming my way...:)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Update - letter received Saturday 24th, indicating charges to be applied on 7th July

 

Thats interesting, I had £50 taken in charges for this month but received now correspondence. The previous 2 times this has happened I got an email from the bank stating the amounts being taken and what they based this on...but this time not a thing.

 

So it was on to the phone and 30 minutes later had the charges refunded and a note put on my account...but whether this note works is another thing altogether!

 

Regards

 

Mailman

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A further interesting development. The account was apparently closed yesterday - the bank wrote to me, stating categorically the the account would be closed on June 26th. Today I managed to log onto the account, rooted around in my details, and see that I still have an overdraft limit of £500...what, exactly, do they do in the offices of HSBC???

 

I also took a screen grab of the account, with the logging in date as today...just in case...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have to say SS, your threads are a cracking read and everytime I look in there's something else that makes me grin.

 

Keep it up, great stuff!

Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage

Sisters NatWest - Claiming £1056 - SETTLED at AQ stage

Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage

GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08

MBNA: Claiming £150 - SETTLED IN FULL at LBA stage

HSBC: £1014 - SETTLED at LBA stage + pending charges removed

Sisters HSBC - £300 - SETTLED IN FULL at prelim stage

Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.

Capital One - claiming £605.54 -SETTLED IN FULL

 

 

 

DON'T FORGET TO DONATE!

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Hi,

 

I really could do with some help, I've been struggling to find a way to find the best advice to take on HSBC. My problem with them seems to have been going on FOR EVER. In fact it has been going on since 2004. I've been down to the branch so many times now I feel as if I've been camping out there. At first they made polite noises & attempted to help but that wasn't their motive. Every month they have been charging me for being overdrawn plus interest charges too. Most times they have been charging me 24hrs before they know my wages go into my account. This is SO UNFAIR & VERY UNREASONABLE, when I told them that their unfair charges were making matters worse & to please do something about it after all I'd been a customer of theirs for some time now. All I was met with was " there's nothing we can do".

 

Good customer service! I don't think so.

 

bze lizzy

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Hi Lizzy,

 

You have come to the right place.

 

The first thing you need to do is read the forum material thoroughly A first port of call should be "step by step instructions" in the FAQs.

 

Then you should have a look at the library, the templates and all the other FAQs. You should also check out some of the completed claims in the HSBC forum. My own is a good example, but there are many others as well, so have a good read.

 

This is going to take a couple of days, and is well worth it. Don't forget, claiming a refund of bank charges could end up in court. You need to be fully prepared for this eventuality.

 

Finally, need to start your own thread in the HSBC forum - something like lizzie v HSBC. Here you can ask all your questions, and people will be able to answer them all in one place.

 

Good luck. :)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thats right they did pay up, although as I said that was another bank not HSBC. That said other companies have good service. For example whenever I take items back to a store I always ask for petrol money. Ikea is one company that always pays. (Although the money is then spent in the cafe!)

 

About 2 weeks ago the Tonight program on ITV was about bank charges. Following the program I requested £30 back from First Direct via their email service for a fee charged in 2004. It was paid back within 48 hrs.

 

However when I sent the same email to HSBC for other charges they fobbed us off. So I looked on the web and found this website.

 

Ironic, if they had paid up then the matter would have been closed. No more said. Now of course I have told my friends and they will now be seeking repayment of their bank charges and I have sent my first formal claim letter.

 

What amazes me is the fact that they know we are on this site, and they know we are all going to follow our claims through to settlement. By not holding their hands up, apologising and refunding the money within 24 hours they are giving more momentum to the campaign which will lead to more people claiming their charges back.

 

If everyone claimed for their time based upon the banks own charges, I am confident that the banks would lower their charges to something more reasonable. (ie a few pence)

 

Good luck in claiming for your time.

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and whilst I think about it. Although I don't know the HSBC system, most software products have some sort of override for charges and discounts. For example I used to work for an IT wholesaler. Every customer had an account and the default delivery charge was £10. However it was possible to set the delivery to £0, £3.50 , £5 or £7.50 as a default when a supervisor inputed a code into a field. It was also possible for individual sales staff to increase the delivery charge to reflect the actual costs. Although they couldn't lower the charge. Banks must have the same types of system. Ie They should be able to change individual charges for customers by changing a field. Therefore common sense dictates that you don't keep charging a customer who is going to claim back every illegal charge when you could simply override the default charge and set it to zero.

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Oh my - I'm going to have so much fun. Today, for the fourth day in a row, I received a call from someone claiming to be from HSBC. On each occasion they were determined to get me to reveal my security details, and they tried to argue Data Protection Act for this.

 

Spicey, being the awkward git that I am, countered with exactly the same DPA argument for NOT providing security details to someone calling from an unknown number, and claiming to be from HSBC. Each time I asked that they write instead, and today I received a letter.

 

The letter was quite simple, noticing that my overdraft limit had been breached, and confirming that bank charges had been applied to my account. In a nutshell, to avoid further bank charges HSBC wanted to discuss upping my overdraft...!...on an account that has been closed for FOUR days...!

 

Today's 'phone call was the last straw, and I resolved to put a stop to them. First was a call-centre monkey, followed by their supervisor, followed by the senior supervisor and finally the call-centre manager/ess. After finally revealing my date of birth (I knew it was HSBC all along) we got to the point of the call - my overdraft and what was I going to do about it.

 

I queried why a call was necessary for a closed account, and she was completely unaware of this. She then put me on hold whilst she called my branch, and then informed me that I would receive a call from my branch...in Essex. R...i...i...ight! My branch is in Kingston, so ten minutes was spent discussing why she lied to me.

 

I then went on to ask why she thought my account was overdrawn. HSBC owe me over £4K in unlawful bank charges, so my account is in credit by thousands of pounds...additionally, the invoice I raised, for "manual intervention," is due to be settled today. "Can you tell me when these monies will be credited to my account...?"

 

I admit it, I am a complete and utter bar steward. She was completely flummoxed, none of the relevant information was to hand, and I kept her on the 'phone for 59 minutes and 36 seconds. I am suffering a severe overdose of smug satisfaction...which only leaves me with a letter to write.

 

To be continued...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have been really busy for the last couple of weeks, trying to fill my blunderbuss in preparation of hitting HSBC with everything. However, a couple of points have come to light in the last couple of days, and I wanted to quickly share them with all my fans (:o)

 

The charges pending of £50, due to go out tomorrow (7th) will now not do so. A letter from DG Solicitors indicated that the charge would be reversed. They also indicated that "...there is no chance of HSBC meeting your invoices..."

 

As we all know, my invoices, in respect of "manual intervention" are £75 a time.

 

This morning I received a letter, stating that £125 would be credited to my (closed) account, and that this would be in respect of "refund of charges." I don't know where £125 comes from...

 

Having just checked the account online, I can see that £75 has been refunded in respect of "refund of charges..."

 

What has happened is clear, assuming that the bank have not just bal*sed it up: the charges pending (£50) will go out and be refunded again tomorrow. The £75, which would be the balance of the mentioned £125, can only be for the outstanding invoice - I have no other correspondence relating to £75.

 

I will try to get to the bottom of all this, but this is what I believe has happened...:lol::D:lol:

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

Collage001.gif

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Fantastic!! :D

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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The charges pending of £50, due to go out tomorrow (7th) will now not do so. A letter from DG indicated that the charge would be reversed. They also indicated that "...there is no chance of HSBC meeting your invoices..."

 

So.. they have told you that they are going to be breaking the Law, having "signed" your contract by not responding to your notification letter... and then pay you anyway just to shut you up!!

 

If you wanted to be mischievous you could tell them that you were only owed £50 in refund of bank charges this time and that they should therefore take the £75 back; but there's still the matter of your separate invoice for £75 which remains as yet unpaid...

 

Sounds like fun to me though!

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I haven't even had a chance to respond to the £125 refund letter. When I do so, I will ask them to detail what the £125 is for, as I only made a request that £50 be refunded.

 

To add to the fun, I received a separate letter that opened "...following your instruction to close the above HSBC account..."

 

My instruction? Sorry mate - to suggest that I issued that instruction is slander, and a gross slur on my character...etc etc...:-):-):-)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Everybody seems to be getting money back - I will be filing a court claim against them tomorrow. not really had anything positive from them yet - just your basic standard letters. Is it going to happen - or am I just wasting my time.

 

I am really nervous - I bet they take it all the way

 

Good luck in pusing your charges by the way.

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