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DG Sols turn nasty - urgent help needed!


hunkydory
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Finally...my hubby who was frightened by HSBC and has previously been too intimidate to try and reclaim his charges, has changed his mind and wants to fight. HSBC offered him a managed loan for paying off his overdraft which had snowballed due to their charges (and caused him to default on other financial committments - what a frightening mess which nearly destroyed our marriage.) Several threatening letters from HSBC then D & G solicitors later, he has a Debt Management Plan set up with the CCCS who are FAB!

 

I am aware that just because the account is closed doesn't bar us from reclaiming charges. What we would like help on is whether the SAR needs to go to his old branch in these circumstances or to a central address? Any advice gratefully received : )

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  • 2 weeks later...

Well the S.A.R - (Subject Access Request) has been sent and has arrived so we are sitting tight and waiting to see how long HSBC will take to send the statements.

 

I know other people have claimed back credit card charges - am I right in thinking that you use the same LBA template for reclaiming them? Has anyone else been successful in claiming back CC charges from First Direct?

 

Both my hubby's CC and current accounts are now subject to a debt management plan as he was defaulted on both & the facilities/accounts withdrawn. This isn't a bar to reclaiming charges, is it?

 

Any help appreciated in this situtation!

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Hi Hunkydory, looks like your hubby was in the same postion as me i ended up defaulting on my HSBC overdraft and loan and other financial commitments and am also with the CCCS who i agree are FAB. I have the same questions as you really, i'm seriously think of going for my charges but does it matter that i still owe them money although this is with a debt collection agency now - i am willing for it to be offset against my loan as i just want to get my debt down a bit should i tell them they can offset it or just go for it in the usual way?

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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We are going to go for it anyway - nothing ventured and all that! Besides, I guess if we did ever get to court, the bank would be on a sticky wicket I think because it is their "penalty" charges which have caused his debt and for him to default. Besides, I like a fight!

 

Anyone know anything about barking dogs being a statutory nuisance, whilst I' m at it??

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well i've found out that a default isn't a bar to reclaiming charges and as you say it was there fault anyway i've sent off for my SAR so we'll be moving along at about the same pace so i'll check in with you from time to time :)

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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well i've found out that a default isn't a bar to reclaiming charges and as you say it was there fault anyway i've sent off for my S.A.R - (Subject Access Request) so we'll be moving along at about the same pace so i'll check in with you from time to time :)

 

Hey Boo82 - it'll be good to see how you are progressing too. It'll be nice to hold your hand, so to speak!

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  • 2 weeks later...

We now have all the bank statements (and coincidentally our post lady is now off sick with back trouble!!). Our cheque was also returned - how very kind!

 

I've totted up the charges but can anyone shed any light on "total charges"? Several statements have charges for card misuse etc & I understand what they are, but then in addition hubby has been charged "total charges" on his personal account. Can anyone help - 1. what are they and 2. can we claim them back as well as the other named charges?

 

If so, we are looking at a claim of more than £3K! Strewth! The charges are greater than what he owes them - no wonder he nearly went bankrupt!

 

Thanks!

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Hi Hunkdory just checking in, got all my statements also with my cheque returned! mines about £1500 and every bit of that will help! So lets go get them!

Natwest settled my claim today in full after just the LBA only £337 but it came at the right time and it's given that bit of confidence to go for the HSBC one dont think i'm going to be as lucky with them though!

Natwest Settled in full after LBA £337 :)

 

HSBC SAR sent 12.11.06

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Hey Boo82!

I've just got to finish imputting the last of the charges into the spreadsheet then its all systems go. Hubby is really angry now he sees how much he has been charged, which is good as previously HSBC intimidated him about it all!

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Righty-ho...after ages inputting into the spreadsheet, we have a grand total of £3,129 in bank charges. We aren't so worried about the interest but we do want the default removed, as well.

 

I've had a look and there are so many different addresses people send their LBA to. Which one will get the quickest response? Any advice appreciated!

 

Hunkydory x

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Hi hunkydory, I sent mine to the Arlington Business Centre address in Leeds, but I'm not sure if I got any quicker reply than any other address!! I know the Canada Square one in London gets a lot sent to them as well. Probably depends on who's opening the post that day!!!

Dani

 

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  • 3 weeks later...

Hi - any help gratefully received.

 

Earlier this year I made a request for repayment of charges for an 18 month period from jan 2005 - mid 2006 or just over £400. I was offered a settlement figure of just £40 short of what I was claiming so accepted it as I was rather pleased HSBC wanted to settle quickly.

 

The letter from HSBC stated that the payment was "representing charges in full and final settlement of this matter."

 

Now, having seen all my statements on line, I want to have the rest refunded from 2001 - 2005, which totals about £600. Does the wording from HSBC mean I can't, or as this is a new claim and was not mentioned in my earlier claim, does their wording only refer to the Jan 05-Jun 06 charges I reclaimed?

 

Heck - I don't even know if this post makes sense! My mum has just had a stroke so at the moment things are manic so excuse me if my syntax isn't great!

 

Thanks x

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Hiya, sorry to hear about your mum. I dont have an answer to your question but would love to see what people say. I am in the middle of a claim for £4900. I have another amount of £800 to claim after this one is settled, I didnt do it before because I didnt want to go over £5000 or the court fees doubled! Im more worried about the 2nd claim as Ive heard they shut your account after 2 claims! I also will be wary about what I sign when the first claim gets settled! Good luck, hope you find some answers x

[CENTER][SIGPIC][/SIGPIC][/CENTER] [CENTER]My claim against HSBC for £4,957!! :rolleyes: [/CENTER] [CENTER]6th November - letter sent requesting refund[/CENTER] [CENTER]20th November - MCOL filed[/CENTER] [CENTER]23rd November - MCOL acknowledged[/CENTER] [CENTER]24th November - Breakdown faxed to Debs at DG![/CENTER] [CENTER]20th November - defence entered[/CENTER] [CENTER][SIZE=5][COLOR=red][B][I]FULL OFFER RECEIVED TODAY!! 21/12/06[/I][/B][/COLOR][/SIZE] :D[/CENTER]

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Hi Hunkydory,

 

You certainley can make a second claim, but the is a small chance HSBC will pull the plug on you and close you account (often with 30 days notice) so . . if you have a hefty overdraft etc if could bite you !!

 

However you can open in advance a 2nd account with another bank, often referred to as a 'parachute account' then transfer everything that matters over and then go for the HSBC throat !!

 

Hope that helps !!

Dec 2006 - Sucessfully recovered over £3k from HSBC with much help from CAG :-D

 

 

if you found this post helpful, please click my reputation, thank you

 

(The small print-my advice and opinions are my own, and are given freely and without predjudice or liability whatsoever)

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HD...if your letter was anything like mine ther is another bit to it where it says.."blah blah blah (like yours) arsing from the charges applied to your account in the period referred to above" and then in the first sentance of the letter were the dates between which I claimed..........

any help??

 

Babs x

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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HD...if your letter was anything like mine ther is another bit to it where it says.."blah blah blah (like yours) arsing from the charges applied to your account in the period referred to above" and then in the first sentance of the letter were the dates between which I claimed..........

any help??

 

Babs x

 

Yes it is! In my letter re the first claim I made it clear which charges I was claiming (i.e. between which dates) and I did not say anything about not making any future claims or claiming for charges preceeding the dates in my letter. Likewise I take their letter as meaning full settlement of the matter which was subject of my letter (i.e. the charges between the dates I gave).

 

Does that make sense? I am still in a tizz having popped to Tesco at lunchtime and being rammed in the butt by a kamikaze pensioner with a trolley...

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LOLOLOL @ you! I now the feeling of crazy tesco trolly drivers!

 

I think I get you but when you replied to accept their offer did you say that you were accepting payment for those charges between those specific dates?

 

umm....I'd say have a chat to lateralus or bong...they may be clearer than me on this but I think you should be ok...you were clear in your first letter about which dates you were claiming for so can't really see that its a problem....I might be wrong though.

 

:)

Prelim sent to HSBC 10/10/2006 for £5035

no response :x

LBA sent 24/10/2006

no response :x

MCOL filed 10/11/2006 :eek:

MCOL issued 13/10/2006

HSBC acknowledged MCOL 17/11/2006

HSBC entered defence + case transferred 12/12/06 :mad:

FULL OFFER! Received today 14/12/06 :D

 

If I have been of assistance, please tip my scales but don't forget, this is only my personal opinion, I'm no legal eagle!

 

Please sign this petition:

http://petitions.pm.gov.uk/PAYUSBACK/

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Basically, as long as you were clear about the dates you were claiming back charges from and to you should be able to claim the rest with no problems.

 

Presumably you sent some sort of breakdown of charges with your request, so even that can be used to show which charges you accepted the 'full and final settlement' figure for.

 

Shout if you need any more help.

 

Good luck :)

PLEASE READ THE FAQ's

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  • 2 weeks later...

Hello & Happy New Year!

 

Received a reply from HSBC who say..."our records confirm that on xx June 2006 a letter was sent to you to advise our policy regarding fees. Further to your claim for a refund of charges applied to your account, you signed a letter in full an final settlement of any claim against HSBC, aceepting an offer to refund a total of £380 of charges. This refund was posted to your account on 27 June 2006..."

 

I take it that this is just a load of waffle as the letter I sent accepting the £380 (against a claim of £425) clearly set out the dates for which I was claiming for?

 

To add insult to injury, they have now got nasty about my overdraft and...misspelt my name in their letter!

 

Any additional advice re wording the LBA?

 

Thanks!

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