Just about to start!! - a question

[pigdog]

Hello everyone,

 

What a wonderful site. I cannot believe what I've been reading over the past few days. Truely incredible. Thankyou so much for making this information available.

 

I am about to start a claim with HSBC for the past 6 years of bank charges. I initially contacted the bank by phone to ask for a list of charges for the past 6 years and they told me they would supply the information but that it would cost 35 pounds per hour!

 

I have read the FAQ thoroughly now and want to file the DPA request letter to get my bank charges listed. I have gone to the Data Protection Public Register and typed in the address of my branch and it says theres no matching enteries.

 

Am I misunderstanding who I am meant to sent the letter too? Is it someone at my local branch?

 

Will keep everyone informed and donate when (hopefully) i am successful!

 

cheers

 

Paul

[Guest Lueeze]

You need to send £10 cheque with the letter to your branch/head office!

 

Please read the FAQ's as this is answered in the forum already!

 

Good Luck

 

Louise x

[pigdog]

Hi Louise

 

Thanks for that. I did read the FAQ (infact I've spent the last 2 days reading this site rather than working!), but it said that I needed to identify the Data Controller or the address the Bank has registered to the Data Protection Commissioner. When I type in the address of my Branch in the Public Register theres nothing found, same for the HSBC head-office. Does anyone have the person for HSBC that I should send this letter to?

 

I'm hoping this will be the best 10 pounds I've ever spent in my life

 

thanks again

 

Paul

[Guest Lueeze]

Well im dealing with HSBC, and they are numpties! You will get your money back Spiceskull has just had £4000 from them today!

 

My letter was send to their H/O address, but I had a response frm Ian Shepherd.

 

Send it recorded delivery or hand it into your branch! By the way they sent my £10 back with the reply letter!

[neilloffhagen]

I sent mine to the manager at my local branch. It got forwarded to the right person inside the bank. Make sure you send it recorded deleivery, or if you personally hand it in at your branch, get a signed receipt for it. Don't get put off if they say, something like: "you don't need it signed for, you know you've just given it to me". Still get a receipt

 

Neil.

[pigdog]

Thanks for the info

 

DPA letter sent recorded delivery today.

 

Will keep posting.

 

Paul

[pigdog]

hello everyone,

 

It only took 3 days for HSBC to reply to my DPA Letter with the details of charges. Not as many as I thought but enough. I was suspicious that I had only accumulated charges over the past 18 months but they say they have checked my account for the past 6 years. I trust them . The letter came back from Ian Shepherd.

 

They kept my 10 pounds

 

One thing I do not understand about the Preliminary Approach for Repayment letter is the following:

 

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

How do I know if they have done this? Nothing was mentioned in the letter they sent in reply to the DPA. Should I include these 2 paragraphs in the letter anyhow?

Will Send the Preliminary Approach for Repayment letter as soon as I have fully understood this.

Amy help is appreciated.

thanks again

Paul

[Guest Lueeze]

No i wouldnt trust them! It has happened before that a user had been told what charges were applied, but then recieved copy statements only to find more charges!

 

If you sent the DPA, they HAVE to comply fully with ALL statemnts for 6 years...

 

With regards to the default, you SHOULD have had a letter saying they are going to default you if you do not pay back what you owe, it will also be on your credit record. If you are pretty sure they have not then dont include this.

 

Lou xxx

[pigdog]

Hi Lou

 

Thanks for that. I guess they will not be sending me printed statements although I can access them online thanks to a handy link from another post.

 

Having had a quick look through them I don't seem to be able to match up the list of bank charges they have sent me in the letter to my online statements so I am wondering if bank charges are detailed on the old online statements?

 

Will investigate further.

 

Finally, they also did not mention in the reply to the DPA, what each charge was incurred for. There were also a number of charges detailed that were small (less than a pound), I don't know what these are - maybe the overdraft interest?

 

cheers

 

Paul

[Guest Lueeze]

Hmmm sounds fishy, did you send the DPA and £10??

[pigdog]

Yes I did

[pigdog]

Hello everyone

 

Well I finally received all my old bank statements from HSBC and guess what??

 

Surprise surprise. When I have checked through all my statements it turns out that there is more than DOUBLE the amount of charges that HSBC said in writing I had been charged in their initial letter/response to my Data Protection Act letter.

 

I can't believe it!

 

I am about to send them the first letter asking for the full total back. I have 2 questions though:

 

1) Since I have a letter from them listing "charges since my account opened", which is clearly incorrect. Should I make an issue of this? The fact that they have clearly lied to me (in writing)?

 

2) Do I need to list all the charges when I send my first letter asking for the money back?

 

I'm really shocked they lied to me like this, and in writing! Its unbelieveable. I can't wait to get my money back!

 

cheers

[gem1875]

I sent my data protection letter about 2 weeks ago and still have not heard anything, I sent it recorded delivery and included the £10?? Getting a bit worried now it has been lost. Any suggestions or should I wait the full 40 days before following up?

[maverik1979]

Hello everyone

 

Well I finally received all my old bank statements from HSBC and guess what??

 

Surprise surprise. When I have checked through all my statements it turns out that there is more than DOUBLE the amount of charges that HSBC said in writing I had been charged in their initial letter/response to my Data Protection Act letter.

 

I can't believe it!

 

I am about to send them the first letter asking for the full total back. I have 2 questions though:

 

1) Since I have a letter from them listing "charges since my account opened", which is clearly incorrect. Should I make an issue of this? The fact that they have clearly lied to me (in writing)?

 

2) Do I need to list all the charges when I send my first letter asking for the money back?

 

I'm really shocked they lied to me like this, and in writing! Its unbelieveable. I can't wait to get my money back!

 

cheers

 

1) i dont know if it will make any difference to be honest, perhaps if it ever went to court you may be able to use it then

 

2) yes it saves time later on and stops them having another excuse to stall proceedings

 

just proceed as normal and get all your money back

[maverik1979]

I sent my data protection letter about 2 weeks ago and still have not heard anything, I sent it recorded delivery and included the £10?? Getting a bit worried now it has been lost. Any suggestions or should I wait the full 40 days before following up?

 

best thing to do is start your own thread and then people can answer your questions without confusion with the other person in the thread

[pigdog]

Hi Guys

 

Well the 14 day deadline has passed and no reply from the bank in relation to my Prelim Letter.

 

I'm quite surprised since most other people here seem to receive a reply from HSBC after the Prelim letter. I'm 'only' claiming for £800.

 

So I guess I go ahead and send my LBA letter.

 

I sent the Prelim letter to the infamous Ian Shepherd, I guess I will send the LBA to him too.

 

cheers

 

Paul

[pigdog]

Hello everyone

 

I'm just putting together my LBA.

 

What are peoples thoughts on whether to include the final paragraph regarding the Consumer Credit Act? I am prepared to file a complaint but was just wondering whether or not the bank will take the letter more seriosuly with this inclusion.

 

'Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.'

[maverik1979]

not neccessary its a waste of your time, it wont help you to get your money any faster, so unless you feel especially aggrieved, dont bother

[pigdog]

Hi guys

 

Well it was a few days late but I recieved a reply to my preliminary approach letter and the bank have offered me a £80 less than my claim. Good news.

 

I've read the advice in Bankfodder's step by step guide where it says I should accept this offer as a partial settlement and still go ahead for the remainder. I do not see how this is possible if I sign the banks letter accepting the settlement as a 'full and final settlement'?

 

I also read other forum users stories where the initial offer has been outright declined and the LBA letter sent. The LBA template in the library, makes no provision for a paragraph rejecting the banks initial offer. Is there a template for such a letter? I cannot find it.

 

Hope I'm making the right decision, but 80 pounds is still 80 pounds. What are peoples views/experiences of rejecting the offer after the preliminary approach?

 

regards

 

Paul

[weezypoos]

£80 is indeed £80, you go for it. I would cross out the section in the letter which says "full and final settlement" and replace with "partial payment". Then sign and return.

 

You could also state that you shall continue to persue the remainder of the claim. ( I remember seeing a template from one of the mods somewhere but cant remember, sorry)! Somewhere along the lines of "Thank you for your letter and offer of £xxx dated xxxxx. I would like to accept this amount as partial payment towards my claim of £xxx and shall continue to persue the remaining amount.

 

Hope this helps a little, at least you have had an offer, I've heard nothing at all from them so mcol, here I come on Wednesday

 

Good luck and let us know what you decide to do!

 

Louise

[pigdog]

Hi Louise,

 

Thanks for the information. I was thinking about adjusting the LBA template saying 'thanks for you offer but no I will be claiming for the whole amount' rather than adjusting the letter they want me to sign.

 

Don't know, I will take a couple of days to decide. Maybe I should take their offer and run. Its just that I have come this far so why settle for 80 pounds less than I am OWED.

 

Anyone else rejected an initial offer like this???

 

thanks

 

Paul

[weezypoos]

Have a look at Hedgehog thread, somewhere on the forum, might help a little. I defo would go for the full amount, they would if the roles were reversed wouldn't they??

 

Your decision though at the end of the day.

[un1boy]

Maybe I should take their offer and run. Its just that I have come this far so why settle for 80 pounds less than I am OWED.

 

At the end of the day, that's your decision - but like you say, you've come this far and they would never say "ah well, he can't afford to apy 80 pounds of hid O/D so we won't ask for it!!

 

It is your decision though, loads of people have accepted these payments as part payment offers and as far as I know EVERY ONE one of them has received full payment in the end. HSBC are just trying to save some dough, quite clever really, realising that some people will be happy with a % or would just lose their bottle and accept a % of their total claim.

 

Have a good think and let us know what you decide to do!!

[pigdog]

Hi Guys

 

I've decided to pursue HSBC for the full amount. SO I will accept their initial offer on the understanding that it is a partial payment.

 

Should I include a LBA in the reply? I was thinking of replying with the signed 'contract' thanking them for the offer and accepting it as a partial payment (as mentioned above by Louise) AND including the LBA for the difference (80 quid).

 

Do you think this is the way I should do it?? Or should the LBA be for the FULL amount. If they reject my signed contract for the initial offer, then the LBA will only be for 80 quid!!!

 

do you see what I mean??!

 

as always, your help is appreciated.

 

Paul

[pigdog]

Just thought I would update everyone.

 

After a lot of thought I decided to follow the advice I have been given here and I adjusted the letter from HSBC offering me a 'full and final' settlement to say 'a partial settlement' and returned the signed document along with my LBA stating that I was giving them 14 days notice for the payment of the full amount OR the difference between their offer and the full amount. I also thanked them for their offer and 'accepted it as a partial payment and that I would be persuing the difference'.

 

Today I recieved a simple one page letter informing me that the money would be paid into my account.

 

Great news!! Thanks for all the advice guys! :-)

 

The only thing of concern is that the amount they are paying me is the 'partial settlement figure' the letter made NO mention of the outstanding 80 pounds or that I said I would persue them for it. I expected a replying saying we will give you the full amount.

 

So do I send another LBA stating the exact figure I will be persuing them for, do I just wait for the 14 days to pass, or do I send another letter thanking them for the partial payment and 'reminding them' that I am persuing the rest as per my LBA dated the XXXX ?? What are peoples thoughts?

 

cheers

 

Paul