hsbc v sbennett ***WON***

[darkrage]

Hi this will be my thread for hsbc Vs sbennett.

2 accounts + 1 closed account.

 

Feb 26th 2007 - data protection act 1998 - subject access request letter sent with £10.00 fee.

 

will open parachute account before prelim letter is posted.

 

will update as and when i have information.

[2makemoremoney]

Hi there,

 

Welcome, you'll find everyone very helpful on here.

 

I've only just started my adding of charges and first letter going out Monday so good luck to you at your stage.

 

Keep us informed.

 

Jo x

[darkrage]

This is for questions relating to my claim will be updated often probably.

 

question 1: i will be moving house in just over a month would i need to send hsbc my forwarding address with the prelim letter? as i am not sending this until after i have moved and opened my parachute account.

[darkrage]

parachute account opened - no response regarding statements yet clock ticking

[babyash]

Hi darkrage,

I just wanted to say good luck too. I am about to send my prelim letter along with statements. What is a parachute account?

 

babyashxoxox

[darkrage]

Hi darkrage,

I just wanted to say good luck too. I am about to send my prelim letter along with statements. What is a parachute account?

 

babyashxoxox

 

a parachute account is an account with another bank just incase hsbc do some dirty tricks like closing your accounts down or demanding full repayment of overdrafts etc

 

i have set up another account and am in process of porting all direct debits wages standing orders etc across to my new account.

 

basically im sticking two fingers up at hsbc as they would not help me when i needed it and have left me to struggle until my house move - which is paying all my debt off with the profits and hsbc was told this so tbh hsbc suck only interested in themselves.

 

i am claiming on 1 open account and 1 that was closed 2 yrs ago i just checked all my statements for the open account and thay owe me £1167.00 in 2 yrs so my other closed account should be a higher amount due to having 4 yrs of charges so im guessing they owe me about £3000:eek:

 

good luck with your claim

 

fingers crossed on mine.

[babyash]

Many thanks for that darkrage, I am just asking my daughters to pay bills for me at the moment as not yet opened another account. Applied to first direct but then I think I found out they were part of HSBC.

I hope the move has gone well and that you and your family will be very happy.Good luck with your claims too.

 

babyashxoxox

[ukaviator]

Try the Natwest Step account Babyash.. It seems quite easy to open..

 

Uk

[driftking578]

Hi sbennett i am in process of claiming at the moment, just sent my LBA after it took them 14 days to say they were investigating my prelim charges letter. Havent recieved anything back yet though but i have noticed that i did not add the overdraft interest to my charges(not the 8% interest) as i was not 100% sure about all this, i have a parachute account all lined up but do u think it might be worth redoing my LBA or PRELIM and adjust the amounts or just leave it as it is? Im claiming £835 in charges followed by £50.02 in the interest(8% that is). With HSBC. Account been open for nearly 3 years.

[ukaviator]

Hi Driftking

 

You should claim the 8% at the court stage. You add 8% to each charge on the spreadsheet. Unless you are claiming Contractual interest, you then do that from the start. There are some links below to help you get around.

 

Uk

[darkrage]

what he said

 

i have opened an alliance and leceister account due to there being no banking charge for having the account and being high interest due to my new found 0 debt when i move. It was very easy to open and i was accepted immediatly.

 

I have been lucky enough to be able to pay all my debts each month without missing any payments so i have a very good credit score. when i did need a little help hsbc didnt want to know all they said is i could have a loan to pay my od off - wth more credit, i declined and borrowed the money needed off family - i am still struggling by but i have light at the end of the tunnel in the form of my equity in my home. i feel sorry for all those who are not as fortunate as me and dont have a lifeline and get stuck in the rut with no way out and the banks wont help except by giving more credit to pay credit and carry on charging ridiculus fee's.

 

march 07 just payed £100 (renamed from total bank charges to) notified fees/charges - any one know why they have reworded this is it so the can claim its a mix of fee's and charges so it helps them when explaining in court?

 

anyway that is sort of my story just thought id share it .

[nettyg]

notified charges - just another charge reworded for absolutely no reason - add them in!

[babyash]

I have always had a good credit score up until the last 6 months but will try Nat West 1st Step.

 

thanks aviator

[darkrage]

thnx netty was going to anyway

[darkrage]

update for you guys - all my 3 accounts statements turned up today.

 

the grand total for my claim is

 

£2017.5 (without 8% interest)

£2390.41 (with 8% interest)

 

i used the simplified spreadsheet to calculate interest for all 3 accounts seperatly then added together - was this correct.

 

also i created copies of each spreadsheet 1 with interest for court and 1 without (but with a note on it saying 8% interest will be added for small claims court).

 

now i just need to print them and send them to hsbc.

 

any comments welcomed i will post a copy of the prelim letter (minus any bank acc numbers - not that i dont trust you guys) for an admin or such to proof read if they could.

 

this site is ace

 

ps ive noticed on ebay people selling the info you give freely so thx again.

 

 

steve

[babyash]

Hi darkrage,

just wanted to say good luck to you again, it is a lot of work and am leaving mine for the moment but am watching all what is going on especially your case as you are just ahead of me.

So much going on here it is hard to keep track of all but you and firemagi are going at about the same pace and they have written some very good letters and said they don't mind people copying them so you may want to take a quick look.

babyashxoxox

[darkrage]

thx will do:D

[darkrage]

hi need some help please - when using the simplified spreadsheet template it calculates days since offence and interest @ 8%.

 

my question is this how do i calculate overdraft interest to include with my prelim letter? do i have to use the complicated spreadsheet template?

 

also on the prelim letter which address do i put for the bank - is it my local branch or the head office in london?

[babyash]

Good morning darkrage,

 

hope you had a good weekend even though it isn't ober yet.

 

I think you send the spreadsheets with with LBA but I could be wrong, prob knowing me I am so better not confuse you and wait for someone else to help! hahahaha

[babyash]

over even!

[nettyg]

adding on the o/d interest is not for the fainthearted so i'll give you a link to peruse so you get the gist. as for the prelim, you can send it to either your branch, leeds (where it eventually ends up) or head office, which is the address you will use if it goes to court.

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

if you understand that reasoning - then carry on.

 

 

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds LS11 0PP

 

HSBC Plc

8 Canada Square

London

E14 5HQ

[darkrage]

hi -yes you do send the spread sheet printed out with the prelim letter but my account overdrafts were changed so often i dont think im going to be able to work out the interest excess charged over and above the normal interest.

 

so i think i will just send out my charges.

 

thx again.:grin:

[darkrage]

so considering i cant work out my od interest due to not knowing my od limits over the last six years i will just claim for the £2500 charges.

 

also considering i am dealing with my local branch through the subject acess request would you send the prelim to them or send it to leeds?

 

i feel i should send to branch this will give them less time to respond due to postage requirements from branch to leeds (is this naughty of me).

 

i would alos in the prelim letter like to draw their attention to a specific case in which these charges have been levied and payed back in full so they know im serious about going to court and get a full refund before court action . does anyone have a court case reference i can stick in for good measure.

 

"My request

I am writing to ask you to refund to me the charges which you have levied from my accounts over the last six years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. I would also like to take this oppertunity to draw your attention the case of ******** vs ******** in which full repyment of charges with interest were given due to the above reasons."

 

would it be a good idea to include that last passage?

any comments or pointers would be gratefully recieved:grin:

[darkrage]

ok here is my prelim letter items in red i have edited

 

My request

I am writing to ask you to refund to me the charges which you have levied from my accounts over the last six years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £2,017.50.

I enclose a schedule of the charges which I am claiming with this letter.

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive full payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Furthermore at this stage I will include the 8% interest allowed to me in a small claims court of law.

[nettyg]

fine... but i wouldn't add the last sentence about interest.