Waiting 2 months for bank statements!

[FERRIER2079]

I wrote to HSBC firstly in January to request my bank charges to be refunded, I was told this was impossible. I even cried at a meeting with the bank manger because I didn't know how I was supposed to feed my children and pay my rent. They said it was out of their hands. So imagine my anger/delight when I found the Bank Action Group.

I have used your templates to get the ball rolling except they have ignored me or told me the matter has been passed to someone else. I sent a formal request for my bank statements, they sent me a form to complete and sign. I had given them until the 17th April 2006 to comply.

I received two lots of random bank statements and then a third bunch - replicas of what they had already sent me! They were not in date order or complete.

An Indian Call centre woman telephoned me to ask whether I had received the bank statements and I said no. Every question I asked her she said 'hmmm'. She then tried to get another payment of £10.00 from me in order to get the statements sent out again. I refused saying this had already been paid. I told her I needed the last six years bank statements sent out again. This was about 3 weeks ago and I have not received anything since. Not one more statement or telephone call. Oh, but I have been charged each month still, even though I stopped using the account in January.

 

How do I go about getting these statements sent to me properly!? They are playing games.

[Spiceskull]

When you made the initial request for transaction history, did you use the letter in the library? Did you also include the £10 with the letter?

 

Your post indicates that you did, but it would be good to confirm this first.

[FERRIER2079]

Yes, I used the letter from the library and gave them the 30 days to comply, the form they sent me to complete and sign included a tick box to debit the £10. Yes this is the case.

[Spiceskull]

Okay - the time limit is actually 40 days, so they may be prevaricating over this. However, you made the request, sent the payment and set a deadline. The request itself is valid.

 

Once the 40 days is up you need to send a complaint to the information commissioner.

 

You also need to sort all your statements into date order, removing duplicates, and identify which dates are missing. It is possible that they have sent you all details to date, but is by no means guaranteed.

 

If you do have all the information, then proceed with issuing your preliminary request for refund, and setting your timetable out. If you do not have all the information you will need to make an estimated claim.

 

This is best done by totalling the information you do have, and then applying an 'average' to the dates where information is missing. You then send the preliminary letter requesting a refund, but you need to add a paragraph to the effect of: "This is an estimated amount, based on the information supplied by the bank. The bank's refusal/inability to provide the information requested, as required by law, has resulted in this estimated figure. Additionally, this failure by the bank to fully comply with my request under the DPA will result in a letter of complaint being sent to the Information Commissioner."

 

If you need any help with this then let us know.

 

Good luck, and let us know how you get on.

[FERRIER2079]

That's great thanks. Can I find out how to contact the Information Commissioner with the estimated figure. Is he/she a figure for all the banks or just HSBC?

 

Thanks for your help, will keep you posted!

[Spiceskull]

The Information Commissioner is nothing to do with banks - this is the regulatory body for the DPA. You can find the 'how to complain' section of the website: http://www.ico.gov.uk/

 

Your complaint is about the fact that you made a request, under the DPA, and the bank failed to fulfil it's obligations. I have not yet made my own complaint, but the form to fill in is pretty bland, and I do not imagine that it will lead to much. However, it needs to be done...

 

You do not need to mention the details of your claim - just the fact that the bank did not comply.

 

Good luck.

[FERRIER2079]

Do anyone know if it would cause a problem should I address the 'letter before action' to the branch manager by name? Also when I issue a claim could I use the branch managers name or just HSBC?

[barracad]

Do anyone know if it would cause a problem should I address the 'letter before action' to the branch manager by name? Also when I issue a claim could I use the branch managers name or just HSBC?

 

There is no need to address your LBA to a named individual - it's your choice.

 

When you issue a claim you cannot issue a claim against an employee of the company or even one of the directors - they have no liability for HSBC's debts and your claim would be struck out.

 

Threads merged - Can you please stick to one thread. Thanks.

[FERRIER2079]

Hi people,

 

Do you know reading this site is the highlight of my days!

 

Updates (can't remember where I got to so in brief):

 

1. Requesting statements

 

I sent letter asking for statements and they had until the 17th April to comply. They sent me a form to sign for duplicate statements which I sent off same day. Received two bunches of random, incomplete statements within days of each other, two weeks later received a third bunch of random, incomplete statements - exact copies of the last bunch! HSBC debited £10.00 on the 24th April for duplicate statements. Call centre (very little English spoken or understood) telephoned me to see if I had received statements and when told 'no' was expecting to see the whole lot sometime soon. Guess what? I never received the bleedin' things!!! Understandably, I did only ask for them 3 months ago!!!!! Filed a complaint with a commissioner as advised by SpiceSkull (which I have received two letters from since already!)

 

2. As advised by SpiceSkull (U lovely MoD u!) sent a request for refund with estimated figure based on the few lousy statements I did get. Sent 14th May.

 

3. Standard letter in the post (in no hurry) with standard complaints leaflet as many of forum members seem to have received.

 

4. 28th May (14 days to the dot) sent LBA. I then visited my bank a week later with a copy. The bank manager refused to see me. The bank staff refused to take the copy and give me a receipt. So I handed the letter to 'Katerina' while videoing the exchange with my mobile !!! My hubby walked out at this point bright red! My kids looked away! Another nice man on the staff informed me they had received the first letter and hadn't known what to do with it so sent it to their legal department. I told them that's what I had expected. I was apologised to over the delay.

 

5. Monday (12th June) received a reply from Colin Langdon (Senior Service QUALITY Officer!) saying:

 

The bank does not agree with your contention that the charges that have been imposed are unlawful at Common Law or do not comply with Statute and recent consumer regulations. The contract is governed between bank and its customers...

Refer you to clauses 7.11...

If you authoprise a payment that would, if met by us, lead your account going overdrawn and a fee is payable for this service.

 

Fees and charges are clearly stated blah blah

 

And this represents their final response on the matter!

 

 

6. Today (15th June) filed Money Claim!!!! Lovin' it! I went through statements online (which would have saved me the tenner if I had known) for exact amount.

 

I also couldn't help but send them an email once I got that Cow poo letter asking why they ignored my plea to enter a sincere dialogue and that their template responses are not good enough, I stated I expected a reply sooner than their standard two days, its been more than two days and no response! Probably on their 'Service Quality Training Day!'

 

So peeps...WATCH THIS SPACE! Maybe England will reflect tonight what sort of luck I may have!

[HSBCrusher]

Unless it's an offer you can diregard anything they say as "plop plop"

Cant you just smell the cold hard cash..... :grin:

(over the smell of all that poo)

[FERRIER2079]

The amount of poo they throw, it would be hard to smell their billion pound profit! LOL

[FERRIER2079]

Just been thinking, my LBA and subsequent letters were all based on the estimated figure (which was near spot on) that I wanted reimbursed. Woill this cause a problem in court...should it get that far? Money claim was submitted with the correct amount I gathered from online statements though, but will HSBC use the estimate figure as a way out? I sent them an email saying they can expect to receive court papers shortly with the actual figure based on online statements.

[HSBCrusher]

Should not be a problem.

You asked for the info that they did not provide, so you could only estimate, you had no choice! :grin:

[FERRIER2079]

This topic was closed on 10 March 2019.

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