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Claim started - advice needed please!


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Have spent some time on this site and found it invaluable in many ways, so firstly a big thank you to you all!

 

Here's my situation. I am claiming a total of £1120 charges (two accounts) from HSBC, and sent my prelim letter on 3rd May. Yesterday, right on the deadline, I had a reply. Pretty standard as far as I can make out from other posts, but it has confused me slightly, and before I send my LBA, just wanted to check what I'm intending to do is right. INcidentally, my prelim was sent recorded to my branch.

 

Letter received is as follows:

 

Thank you for your recent letter concerning charges applied to your account. I am sorry you have had cause to complain.

 

We do not agree with your contention that the charges that have been imposed by the Bank constitute a penalty clause and are therefore unenforceable.

 

The contract bewteen the Bank and it's customer is governed by HSBC's standard Terms and Conditions. In respect of unauthorised overdrafts, the relevant clauses are 7.11 to 7.18. In these circumstances, there is a process that involves the Bank considering whether or not to pay the item. A fee is payable for this and the fees are as set out in the published price list.

 

We enclose a copy of the Terms and Conditions and a copy of the latest price list for your information.

 

If you wish to continue your complaint, please put full details in writing to the address attached. We will require a full breakdown of the charges you advise us you wish to claim for. This information is available via the Internet Banking service and copy statements are also available from any HSBC branch, Please be advised that there may be a charge for this service which will be no more than £10 depending on the number of copy statements requested.

 

Thank you once again for taking the time to bring your concerns to the Bank's attention. I am only sorry that is was necessary for you to do so. I hope that matters have now been resolved to your satisfaction. However, should this not be the case, the guidance sheet explains the next steps available to you.

 

Yours....

 

David L Johnson

 

The address they have attached is HSBC Bank plc, Service Quality Team, Arlington Business Centre, Millshaw Park Lane, Leeds

 

So, my confusion is as follows:

 

1) Do I now need to give them a full list of the charges - surely they know what they are?

 

2) Do I now reply to this other address, or just ignore this and send the LBA to my branch?

 

3) Am I right in thinking this is just a typical 'fob off' letter?

 

Your help would be much appreciated. With my current situation, the repayment of these charges would make a huge difference, so I want to get it done quickly, but the right way.

 

Thanks in advance guys

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You're right, it is a fob-off letter. File and forget.

 

Your claim, your deadlines. Keep sending to your branch, they'll soon pass it on, don't you worry.

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1) Do I now need to give them a full list of the charges - surely they know what they are?

2) Do I now reply to this other address, or just ignore this and send the LBA to my branch?

3) Am I right in thinking this is just a typical 'fob off' letter?

1: No - they have all your details itemised on file - you have only given them a total. Let them check your figures themselves

2: No, Yes, Yes - recorded delivery to your branch. Their internal procedures will ensure it reaches the right person

3: Absolutely, and without any doubt this is a somewhat amended fob off.

 

Good luck, and keep us posted. :)

 

(amazing, you wait three minutes for a mod, and then three turn up all at once...:rolleyes:)

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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  • 2 weeks later...

Hi all,

 

Since the first fob-off letter, I have heard nothing more and the 14 days are up today. Problem is, I am rather pushed to find the £120 court fee for Moneyclaim. Bit of a catch 22, 'cos if I get my money back I won't have a problem any more, and I don't want to leave it too long and lose the momentum, not to mention let them have my money even longer!!!

 

So, can anyone who has been through this bit give me a rough idea of how long it is from entering your Moneyclaim online to receiving any dosh? This will give me an idea of how long it might be a problem for if I scrape the money together now.

 

Thanks in advance:confused:

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Problem is, I am rather pushed to find the £120 court fee for Moneyclaim.
Depending on why you are short of cash you may be able to get help from the courts. They do provide help for people who are in certain financial difficulties. You may, this is only may, be able to get a reduction in your court costs. I think you'll need to phone their help line and discuss it with them.

 

Neil.

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You guys are great - thanks for your quick replies. LBA going in this afternoon's recorded post......here I go again (but not on my own!!!):)

 

Goin' down the only road I've ever known

Like a drifter I was born to walk alone

And I've made up my mind, I ain't wasting no more time.

 

LOL Quality song!

 

In answer to your subsequent questions:

 

It seems that many receive settlement within 7 - 14 days of issuing the claim. I was in the same situation - I couldn't afford the £120 when the 14 days expired and had to wait a further 14 days to issue proceedings. While many seem to have received settlement within 7 - 14 days I'm fully expecting HSBC to file a defence in my case thus forcing me to pay an additional £100 allocation fee. I don't know why I feel they may do this but I've just got a feeling they'll be awkward with me because they've not responded to any of my letters other than a "we've received your letter and are investigating" letter 16 days after my LBA!

 

Take inspiration from the song you originally quoted. Don't waste any more time. If you've got the £120 and need to cut back for the rest of the month then do it - you'll have your money sooner. I wish I could have borrowed the £120 because I may have had this settled by now if I did.

 

Remember also that you'll get the fees back when you win.

 

Good luck

 

OC

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Thank you for your words of encouragement guys - I have bitten the bullet and filed my claim today. Here's hoping it's nearer 7 than 14 'til result. Fingers, legs and everything else crossed!

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Having just read the following thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=9108

 

I am now rather worried that HSBC might close my account once this is over. My problem is I have a loan o/s of about £6k and there is no way I can pay this back in one go.

 

This was my main worry before I started my claim, but I decided to take a deep breath and hope for the best. However, this latest letter they seem to be sending has realised my fears. Does this now seem to be a standard thing or has it just happened to one or two (with HSBC specifically).

 

If I receive such a letter, can I contest it and can they make me pay back the loan?

 

Any advice would be much appreciated. I only entered my Moneyclaim online today and am now thinking perhaps I should have let it go?

 

Help!:o

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There is always a possibility they could close your account, but it isn't very likely. Even if they did you may be able to get an injunction to stop them.

 

In the meantime, you could open a 'parachute account' (for example Natwest Step Account) just in case.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Is it a loan or an overdraft?

 

If they did close your account then it shouldn't necessarily affect your loan. I don't think they can demand immediate repayment of a loan so you could just continue with the loan payments.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It is a loan. I do have an overdraft but the repayment (when it comes) will more than cover that. But surely to continue repayments I need an account with them?

 

Thanks for your help.

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barracad is quite correct. They can't force you to repay a loan when they close your account, they are 2 very separate agreements with no bearing on one another. Were they to try and do it, tell them to take you to court over it. I betcha they'd soon back down...

 

Having said that, it is a worry that has been expressed a lot, and to my knowledge, it has not happened to anyone. Account closures, yes, calling-in of loans, no. TBH, I doubt even those swine would dare.

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You should be able to make payments from any account.

 

Is it a bog-standard personal loan or a consolidation loan? (I think HSBC call them 'managed loans')

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just a bog standard personal loan. And I've never missed a payment.

Thanks all of you for your comments, my anxiety is subsiding a little!! Boy I'll be glad when this is all over.

 

This site is really great - you provided just the virtual hugs and comments I needed. :oops:

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  • 2 weeks later...

Hi

 

Well I received a lovely acknowledgement of claim in the post this morning - stating Deborah D'Aubney is intending to defend all of my claim. Bah - had hoped they wouldn't acknowledge so I could get judgement after 14 days.

 

So, anyone know what happens from here - presumably as they have 28 days they will hang it out as long as possible?

 

Can anyone share what happened to them after they were in this position?

 

I am getting a little jumpy now - all this official paperwork makes it seem so real (I knew it wasn't an easy ride - but it just makes it a little more nervewracking!)

 

Thanks

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Having acknowledged (which I must emphasise is a very straightforward and standard procedure) HSBC have now bought themselves the full 28 days from the date the claim is deemed as "served". Please see your notification of claim form this will give you a "deemed served" date. Then calculate the 28 days later...

 

If after 28 days they have not submitted the defence to the court you can move to judgement by default (you win basically).

 

But it is horses for courses.. so hang it out and wait to see what if any further response you get - they may approach for settlement prior!:) :) :)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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the only defence they could submit, is our principal argument against them anyway

all they could do is provide the court with proof of the cost of "manual" intervention, however if they did provide the true cost , the judge wouldnt be happy and neither would the banks once it got out to the press ;)

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Hi!

 

I have this morning (after what seems like ages!!) received a letter from DG Solicitors offering me £711.74 in full and final settlement (half of my total claim of £1423), oh, and requesting I keep my mouth shut. As ususal, they mention time, irrecoverable costs etc........

 

I know from reading other threads that where offers have been made during the process, people have accepted but continuted to pursue the remainder, but as I am in the middle of the court process - can I still do this?

 

I am really rather desperate for the cash, so this amount would help in the meantime, but I'm not sure if accepting would jeopardise my chances of recovering the remainder?

 

Can anyone please confirm whether I should

 

a) accept but cross out the full and final and keeping quiet bits, and send a covering letter to that effect - if so what should I say?

 

b) refuse and continue to press for full amount. If this option, anyone know of a template I can use?

 

I am a bit frustrated, had hoped to get a letter offering the full amount. They are certainly making me sweat!

 

Thanks in advance

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a) accept but cross out the full and final and keeping quiet bits, and send a covering letter to that effect - if so what should I say?

 

Absolutely this course of action. Just a short covering letter remininding them of the parameters of your settlement as detailed in both your prelim letter dated X and your LBA letter dated Y. Emphasise that the court process is underway, and should you have not heard from them in approach for full and final settlement of the outstanding balance prior to a court date being entered, you shall inform the court of the corrected amount and pursue settlement of the dispute through litigation for any outstanding balance.

 

PM me a copy of the covering letter if you wish me to have a look prior to sending..

 

Always good to accept the offer in partial settlement during the interim period..hopefully this will get some money into your account (I doubt this - but some banks have been know to process partial settlements prior to the full figure)

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Well, I'm a happy bunny. Postie kindly delivered a letter this morning with the outcome I was hoping for. Just need to wait for the money now.

 

A big thank you to this site for all the support and advice, and a donation will be heading your way shortly.:)

 

Continued good luck to all those still in the process. Hang on in there!

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Please note that this topic has not had any new posts for the last 5333 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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