Kevrapley vs HSBC - SETTLEMENT ACCEPTED

[kevrapley]

Hello everyone, please accept my apologies for not posting on here sooner. I had a read through the forum a few weeks back and was very impressed with what I saw. I have 2 accounts with HSBC and sent off a DPA letter asking for statements for the past 6 years on both acounts.

 

Letter came through on Thursday and reads:

 

Thank you for your letter received on 12 May 2006 with regard to information about transactions and charges on your account.

 

We will forward to you copies of statements covering the period in question. These will begin to arrive in separate batches and will be with you shortly.

 

Several sheets could not be printed as these only contained additional service information. The dates for your transactions have not been interupted.

 

We are happy to waive any fees for the production of this information and we return your cheque.

 

Although many of our systems are automated, a "manual intervention" by HSBC staff may be required in a variety of situations including; account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time to time during account administration.

 

If you require more information, please let us know.

 

Yours Sincerely

 

Ian Shepherd

Centre Manager

 

 

All very civil, apart from the fact I sent my DPA at least 2 weeks before they claim to have received it; must be the Royal Mail botching delivery!

 

Also the cheque they returned wasn't a cheque, I actually sent them a postal order so they were better off keeping it or sticking 10 pounds onto my account. I sure as hell can't use it.

 

The letter came with a large amount of statements for both accounts dating from May 2000 up to Apr 2006 so it appears I have it all apart from the last few weeks. Will have to see whether they send anything further.

 

Any way I will be moving onto the next step very shortly and will keep you posted. If anyone has any advice for me please let me know.

 

Best, Kevin

[jonni2bad]

Welcome to the forums.

 

Everything is good here, just proceed with the plan!

 

John

[kevrapley]

Okay I have calculated the amount of charges plus interest from these charges to total £873.08 over the 2 accounts, suprised myself actually. I have paid all of these and suffered. Hopefully not for much longer.

The "Request for repayment of charges" letter is typed and printed out but I just wanted to enquire as to whether I should include the document I have produced listing all of the charges with the dates and amounts. I haven't been able to see anywhere on the forum whether this should be done or not to highlight each instance to HSBC.

[jonni2bad]

Good question - you don't need to do that, they can do a little work for themselves if they want to...!!!

 

Only if it gets to court might you need to supply that copy...

[kevrapley]

Thanks jonni2bad, the "Request for repayment of charges" letter is in the post box and will be on it's way tomorrow morning.

[kevrapley]

Here is the letter I used for asking payment back on 2 accounts.

 

Ian Shepherd

HSBC Bank plc

Coventry DSC

Harry Weston Road

Binley

West Midlands

CV3 2TQ

 

 

22 May 2006

 

 

Request for repayment of charges

 

Dear Ian Shepherd,

 

ACCOUNT NUMBERS: ######## and ########

 

Thank you for your letter received 19 May 2006 with regard to information about transactions and charges on my accounts and for waiving the fees for the production of this information and the return of my cheque.

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 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.

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

 

 

What I require

 

ACCOUNT ########

I calculate that you have taken £612.00 plus £52.64 which you have charged me in overdraft interest for the sum which you have taken. Total £664.64 (This includes the charge due to be taken on 10 June 2006).

 

ACCOUNT ########

I calculate that you have taken £201.00 plus £7.44 which you have charged me in overdraft interest for the sum which you have taken. Total £208.44 (This includes the charge due to be taken on 3 June 2006).

 

A Grand Total of £873.08

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 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.

 

 

 

Yours faithfully,

 

 

 

 

 

Kevin Rapley

[kevrapley]

Well Mr. Shepherd hasn't bothered to reply to my first letter, deadline is today and not received anything. LBA will be posted today by recorded delivery.

 

Letter in the post

[maverik1979]

it appears to be the norm now, my deadline wsa today and i havent received anything either, i think that they see the template letter and know full well that we will go all the way with it

[kevrapley]

I have received a letter this weekend offering £785 which is not far short of the amount I was looking to retrieve. In light of moving rental property in 2 weeks time I will be accepting this offer.

 

I praise you all with your help in fighting HSBC and recovering my unjust penalties over the past 6 years.

 

Kevin

[maverik1979]

congratulations, dont forget the survey

[jonni2bad]

CONGRATULATIONS

[HSBCrusher]

Well done mate!

Drinks on Kevin!!!!:grin:

[kevrapley]

This topic was closed on 10 March 2019.

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