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    • Hi @BankFodder
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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My 6+ Year Claim Against HSBC


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After the excitement of the last few days (breather taken) I am going to pursue two new claims against HSBC: This one will be for claiming charges that fall outside the six year limitations period.

 

To start with I just want to throw a few ideas about. I will pick up on this properly after the weekend (and after some beer) but for those that have questions or suggestions about this issue with HSBC, you are welcome to put your views/questions on this thread.

 

My first problem/issue is that I have already made a DPA request for statements going back to 1982, and the reply was that information was no longer on file. I now have to look at other ways of making a reasonable calculation of what to claim...suggestions welcome. :p

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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Not qualified to make suggestions - but will watch your threads closely to see how this pans out - if you succeed you might get famous!! :D

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Not qualified to make suggestions - but will watch your threads closely to see how this pans out - if you succeed you might get famous!! :D
Get famous? I'd rather get my money instead...:) But all suggestions and support are warmly welcomed...

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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If you can't get accurate amounts for all those years because they no longer have any records, I presume you would claim for an estimate, and if they disputed this amount, and took it as far as defending in court, presumably they would have to justify their penalties (which they won't want to do), so in that case they'd have to pay it?

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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That is what I am going to base my claim on. They don't/won't provide any details, so if it got to court they would have no way to contest my estimate with any hard data. If, however, they did have data to hand after all, imagine how that would look to a judge...

 

The other good point is that I asked for a full disclosure going back all those years, and I also asked for a copy of my original contract (sneaky) - therefore they cannot even fall back on contract terms to defend their position...

 

My only real concern is the court cost element. The claim will clearly be outside the £5K limit, and therefore I would be open to costs if I lose. I want to find out if there are 'scales' of cost - ie - between claim limits X&Y costs are capped at Z sort of thing.

 

As I say, this claim will take a lot of preparation, and reading, and I want to be sure of what I am doing before I do it...:p

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 too will follow your further posts closely. Thanks to this site and MoneySaveingExpert I've just sent the letter requesting details of charges over the last 6 years. Despite having only just started my claim, it feels so good to be taking action!!!

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Are you actually with HSBC? If so, I would be keen to see how they respond to your request for transaction history. I expect it will be similar to the response I received, but I do want to identify any loopholes/contradictions that may exist...

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 suppose you could theoretically splt it into chunks of under 5K using an estimate based on how much you were charged inside of the six years, but that might be walking on dodgy ground?

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Are you actually with HSBC? If so, I would be keen to see how they respond to your request for transaction history. I expect it will be similar to the response I received, but I do want to identify any loopholes/contradictions that may exist...

 

Yes I am with HSBC. And will keep you updated.

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Brill - thanks.

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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Be really interesting to see how you get on here because i am still being chased by Lloyds for going £3 overdrawn years ago and it mounted up to £150 in charges. But i believe it is over 6 years ago.

 

I think personally unless they can prove that you haven't been charged that the don't really have a case. But how does the statue of limitations work??

HSBC - Default Judgement - £4892

HSBC, PA 29/3/06 LBA 12/04/06

HSBC, Court Claim Filed - 26/04/06

Lloyds - Claim - £625

Lloyds PA sent 16/05/06

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I suppose you could theoretically splt it into chunks of under 5K using an estimate based on how much you were charged inside of the six years, but that might be walking on dodgy ground?
The problem with severing the claim is that, being the old git that I am, the process would take many months to complete...if I tried to run three or four claims concurrently it is very likely that they would request consolidation...and they would probably get it.

 

I'm going to take my time researching this before I put it together, because my calculations will also be complicated. I have to consider the charges themselves (I know that it wasn't £25 20 years ago) so will have to use some sort of reverse inflation technique (any actuaries out there???)

 

I also have to consider the 'billing cycle' as the interest element will probably be bigger than the charges element. Again, there are fluctuating rates going back 24 years to consider, and where to apply them.

 

The exciting thread to follow, and that I will be acting quickly upon, is the Charges Pending thread. This will be fast paced, experimental and recent - no messing about with DPA requests and the like. Go in - hit them with request - hit them with claim - get money. A few surprises to be included, so keep your eyes peeled...

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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The exciting thread to follow, and that I will be acting quickly upon, is the Charges Pending thread. This will be fast paced, experimental and recent - no messing about with DPA requests and the like. Go in - hit them with request - hit them with claim - get money. A few surprises to be included, so keep your eyes peeled...

Can't wait :D

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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My only real concern is the court cost element. The claim will clearly be outside the £5K limit, and therefore I would be open to costs if I lose. I want to find out if there are 'scales' of cost - ie - between claim limits X&Y costs are capped at Z sort of thing.

 

I believe that £5k - £10k the maximum costs are £500, and £10k to £15k is £750.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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I believe that £5k - £10k the maximum costs are £500, and £10k to £15k is £750.
Thanks for that Alan - as a rough estimate, and being realistic about the charges I will be claiming, I might just fall into that final bracket. Indeed, if the numbers are close I will adjust my claim to ensure that I do fall into that bracket...

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 think its an excellent idea to request a copy of your contract.

 

I opened the account through my school, basically when i was about 13 bank came in to school and we could all open an account etc etc.

 

So 6 years time i got a job and didnt have to go through all the opening a account because i had this hsbc account. I do not have a copy of my contract etc etc terms and conditions. Is it a good idea to request a copy of my contract? Do they have to give me it? Also i am just about to send em LBA letter, what is the best method for me to request a copy of my contract should i add it in to my lba letter and state in it somewere "also if you could kindly send me a copy of my original contract that i signed and highlight were i said i would agree to these charges?"

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Definitely request your contract - after all, they make many references to it when you ask for a refund, so it is clearly 'an important and relevant' document.

 

Will they send it? Probably not. Do they have to? Again, I'm not sure, but if it came to court and they relied on contract terms, you can demonstrate that you tried to settle via contract but the bank would not play ball...

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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Surely you can do a normal £1 Consume Credit Act request?

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Full DPA request made today - I know this was turned down before, but no harm in asking for the complete works rather than just transaction history:

Data Protection Act - full disclosure request:

 

Dear Sir/Madam,

 

I am requesting a complete transaction history for the period from the initial opening of my account (mid 1982) to 31 March 2000. Alternatively a complete set of bank statements for this period will be acceptable. In addition to all transaction details, I am also requesting a copy of my initial contract with the bank (Midland Bank as it was at the time), along with a copy of the bank's terms and conditions applicable to this contract.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be so kind as to confirm this in your response to this request.

 

Furthermore, I am making this request as a Subject Access Request, subject to the Data Protection Act (1998), and duly enclose the requisite £10 maximum allowable fee.

 

May I remind you that you are obliged under the Data Protection Act (1998) to furnish me with this information within 40 days of receipt of the request. You therefore have 40 days in which to comply with this request.

 

Yours faithfully,

 

Mr Skull

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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In anticipation of not receiveing statement history going back to 1982, I have started to create my spreadsheet to calculate charges and interest. However, I have hit an obstacle - the HSBC website has the authorised overdraft rate at 14.8%, but makes no mention of the unauthorised rate. I don't suppose anyone has this information, or knows where I can find it? Thanks.

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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You didn't really send those smilies...:D

 

Data Protection Act (199:cool:

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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Of course not 0 but putting 1998 in brackets always seems to do that...I know it's the smiley code, and that I could separate the 8 from the bracket...but hey...you complaining? ( 8 :cool: 8 )

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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In anticipation of not receiveing statement history going back to 1982, I have started to create my spreadsheet to calculate charges and interest. However, I have hit an obstacle - the HSBC website has the authorised overdraft rate at 14.8%, but makes no mention of the unauthorised rate. I don't suppose anyone has this information, or knows where I can find it? Thanks.

 

The unauthorised rate seems to be the same, but on the website it says there is a '£25 overdraft review fee'. The Interest Rates are at http://www.ukpersonal.hsbc.co.uk/public/ukpersonal/personal_banking/useful_information/en/any_interest_rates_current_accounts.jhtml

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The unauthorised rate seems to be the same, but on the website it says there is a '£25 overdraft review fee'. The Interest Rates are at http://www.ukpersonal.hsbc.co.uk/public/ukpersonal/personal_banking/useful_information/en/any_interest_rates_current_accounts.jhtml

Yes - that's all I could find too - the charge but not the rate...darn! Maybe I will have to ring the bank and ask a person...

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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Please note that this topic has not had any new posts for the last 4982 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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