rigby44 v HSBC

[rigby44]

Hi

 

I send my DDA letter a few days ago asking for my list of charges or bank statements for the last 6 years. I think my total will be about £300.

 

This morning my letter (and cheque) where returned along with a form which thay want me to fill out in order to undertake the search.

 

Should I fill this form in and return it to them, along with another letter repeating my request, or should I try calling them or emailing them and asking for the info? All I'll be doing is repeating the info that was in my letter in the form.

 

Also, I sent my request to my branch (St. Helens) but the reply came from Ian Shepherd at Coventry. Should I send my reply to my branch or staraight to Ian Shepherd?

[Bookworm]

No. You have made a valid request under the DPA, you have sent payment, don't let them delay.

 

Write back stating that the clock is ticking as when you sent 1st letter, that payment is deemed received at that date too, that you're under no obligation to fill in the form under DPA rules, and that you're holding them to your deadline. Send back the cheque.

 

Was the letter signed by a DPA Officer, or a Data Agent, or words to that effect? You're probably better off answering there then, yes.

 

For our files here, could you scan me a copy of the form they want you to fill in? I'm curious to see it.

[email protected], pls.

[rigby44]

Hi

 

My reply came from Ian Shepherd, Centre manager (whatever that means). The letter is addressed from:

 

HSBC Bank plc

Coventry DSC

Harry Weston Road

Binley

West Midlands

CV3 2TQ

 

I have already filled in the form (but I haven't sent it yet), as I assumed I would be sending it back. It basically just has a section where you write the reason for your request. I repeated that I want a list of charges or a set of bank statements. I also said I wanted details of manual intervention. I don't really mind sending the form so long as I get what I asked for.

 

Should I send my reply addressed to Ian Shepherd at the above address?

 

Cheers

[Simon Payne]

I got sent what sounds like the same form. As far as I could see it did not include space for detailing what was requested in the original DPA letter. i was particularly concerned about the 'manual intervention' element.

 

I went into my local branch, with the form filled out (and payment), and made them attach a copy of the original letter to it - referencing it in the form. I envisioned (perhaps cynically!) that they may not have fully acted out my request otherwise.

 

This was on Monday 3rd... so obviously I haven't found out if I have been successful.

[deliciosa]

Ian SHepherd is a computer generated gentleman, too. Don't bother writing to him.

[rigby44]

Hi

 

I've just added up the charges from my bank statements. They come to about £300.

 

I am about to send my "Preliminary approcah for repayment" letter, but I just want to ask a couple of questions about calculating interest.

 

It is my understanding that I do NOT add the 8% interest now, but just the extra interest that they have actually charged me due to their charges.

 

However, this interest is hard to calculate. Over the last 6 years I've been in the black sometimes, in the red sometimes, in the black for the 2 weeks after payday, then in the red (below the agreed overdraft limit) for the next 2 weeks until payday. Therefore, to calculate how much interest I've paid on a £27.50 charge on the 10th August 2001, for example, is not easy. Also, I guess the interest rates have changed over that period.

 

Do I have to calculate the interest on a daily basis or can I make a resonable guess at the figure, and if so, what is a "resonable guess".

 

Thanks

[overcharged_consumer]

You are absolutely correct that you don't claim 8% at this time - you've obviously read the FAQ's so well done.

 

As you have discovered, calculating the interest THEY have charged on the charges that THEY have applied is very difficult and to be honest, it probably isn't worth claiming.

 

To back this up, add up all debit interest from the last six years and see what it comes to. My debit interest was under a tenner yet my charges are over £3,000. That debit interest wasn't just on charges, it was on debit amounts that I had incurred too. I therefore figured it wasn't even worth trying to calculate.

 

Hope this helps.

 

Good luck

 

OC

[rigby44]

Thanks

 

Since posting the thread I've actually found this spreadsheet

 

www.bankactiongroup.co.uk/TEMPLATE.xls

 

which will calculate the interest. You need to enter every interest payment you've made since your first charge, and in my case the total probably won't come to much, but I'll have a go tonight and see what it comes to.

 

Thanks for your help.

[rigby44]

Hi

 

I've just sent my preliminary approach for repayment for a total of £355.45 (£291.50 charges and £63,95 interest).

 

I am awaiting their standard response.

 

As an aside I wonder if HSBC will ever start paying these requests before the legal action starts. Surely they realise that the claim will cost them upto an extra £120 in costs, plus the 8%. In my case if I have to claim it will cost them an extra £130. It would be cheaper for them to simply give us the money.

 

Then again, I guess they hope that some of us won't actually claim.

[nickmack]

As an aside I wonder if HSBC will ever start paying these requests before the legal action starts. Surely they realise that the claim will cost them upto an extra £120 in costs, plus the 8%. In my case if I have to claim it will cost them an extra £130. It would be cheaper for them to simply give us the money.

 

Then again, I guess they hope that some of us won't actually claim.

 

You've got it exactly. They've worked out it's obviously cheaper to take the claim as far as possible because some people drop out at the thought of court. The money they lose in court fees and 8% interest is less that the total of claims discontinued.

[rigby44]

Hi

 

I have just had a response from my initial response for repayment. It's pretty standard but it does have a bit I haven't seen anyone mention before. It basically says that they will need me to quantify my claim, i.e. provide a list of charges with dates. This seems strange as they said earlier in the letter that they do not agree with my claim, so why do they need a list?

 

I am thinking that when I send my LBA later today I might attach my list of charges, plus the calculation I made to calculate what proportion of the interest I've been charged is due to their charges. I have all these in a spreadsheet I got from the library section so it's no hassle. Would you advise this?

 

When I finally claim via moneyclaim will I have to provide details of the charges then, or do I just put the totals and be prepared to provide the details later if asked?

 

Many thanks.

[un1boy]

What's the LBA letter and where do you get it from?!

 

Thanks.

[barracad]

What's the LBA letter and where do you get it from?!

 

Thanks.

 

Please read the FAQs.

[un1boy]

I have done, couldn't fin anything about it - I'll take another look!!

 

Thanks

[neilloffhagen]

Have a look in the template library:

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=33

 

Neil.

[un1boy]

hey,

 

All sorted now, thanks fella!

 

Thanks

[rigby44]

Hi

 

My charges over the last 6 years are £291.50, and I calculated about £50 of interest.

 

I sent my LBA a couple of weeks ago and I have just received a surprising response.

 

They have offered to pay me the £291.50 representing "full and final settlement of this matter." This is without sueing them via. moneyclaim.

 

That made no mention of the £50 interest.

 

Should I:

 

a) Accept this offer,

 

b) write back requesting the £50 interest as well, or

 

c) go ahead a sue them adding on the 8% interest as well (about £60), so for about £400.

 

I don't want to be greedy, but the £50 interest is a real cost.

 

Thanks

[maverik1979]

as always its up to you, if you really want that extra money then go for it, but be prepared to wait a few more weeks

[callumsgran]

is this interest they charged alongside their charges? if so go for all of it, they'll probably give in rather thean go to court!

[rigby44]

Yes, the interest is my estimate of the extra interest I have paid over the last 6 years due to their charges. I calculated it using the spreadsheet in the library section.

[Janet-M]

5 Threads merged , can you please keep to your original thread when updating as you will recieve much more informed advice if people are able see all the history of your claim , Thanks

[rigby44]

Just to recap my claim is for £291.50 in charges plus £63.54 interest.

They have offered my the £291.50 without me having to sue them using moneyclaim.

I am rejecting that offer as I want the £63.54 interest too.

Here is the letter I am about the send them, can someone confirm this is a good letter?

REJECTION OF INITIAL OFFER (Ref xxxx)

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxx

Thank you for your letter dated 5th July 2006 offering me the sum of £291.50.

However, my claim against you was for the sum of £355.04. This represents £291.50 in unlawful bank charges and £63.54 in interest charged on those bank charges.

The attached sheet shows the amount of interest I have been charged every month, and an estimate of the amount of interest that was due to the charges. I believe this is a reasonably accurate figure.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully

xxxx

 

 

 

[rigby44]

This topic was closed on 03/08/19.

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