hsbc

[hayes]

Ithink I need a bit of advice please, I wrote to hsbc two weeks ago after having read all your faq's, I asked for charges back on my business account which I closed with them in August, 2001. I have only just realsied that I could apply for this money. So I filled in the excel form you have listed and was staggered at all the charges, I printed it off, copied your letter and sent this to the bank. today I have had a letter, which completely baffles me, they are quoting the statue of limitations and asking which overdraft charges I am asking about, I have sent them a copy of the list of charges and given the full bank account details, so what are they on about? Any help would be gratefully received.:-?

[mochamoo]

Ithink I need a bit of advice please, I wrote to hsbc two weeks ago after having read all your faq's, I asked for charges back on my business account which I closed with them in August, 2001. I have only just realsied that I could apply for this money. So I filled in the excel form you have listed and was staggered at all the charges, I printed it off, copied your letter and sent this to the bank. today I have had a letter, which completely baffles me, they are quoting the statue of limitations and asking which overdraft charges I am asking about, I have sent them a copy of the list of charges and given the full bank account details, so what are they on about? Any help would be gratefully received.:-?

 

Few questions

 

OK Did you have all of your statements from the last 6 years?

Which letter did you send the prelim letter or LBA?

 

Could you include the wording of the letter they sent you? Scan it/ copy etc

 

Now, I could be wrong so do not quote me!, I am fairly sure other users have claimed back more than 6 years. They had statements from further back so they claimed the charges. I will go see if I can find the links

[mochamoo]

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

Has to be 6 years read the above. What dates were the charges?

 

But you could try to claim further back, read this

http://www.consumeractiongroup.co.uk/forum/natwest-bank/48987-six-year-rule-six.html?highlight=10+year+claim

[hayes]

Hi Thanks for the reply,

I have copied out the letter from hsbc, and sent it together with my letter to them as attachments. the part that confuses me somewhat is the part about Total Charges, i used your template for listing the charges and took these from the bank statements, which I have still got, but from the letter they are either ignoring this or want more. I would be very grateful for any help.

thanks

Julie

Hayes

 

 

Files removed for reasons of your own security and commonsense !!

[mochamoo]

EEK, Please remove you account numbers from the spread sheet!

 

No that's all they need, I personally would not have given them the bit with the interest applied till court time But you've done it right so far that I can see. I claimed back the 'total charges' on the statements and they didn't quibble it. Maybe they are getting more fussy now they are getting more claims.... Lets see if we can get this moved down to HSBC forum where people who deal with HSBC all the time can give you a hand. I have not dealt with them in over a year and I've never done statue barred. I want you to get the right advice!

 

The bit about being statue barred: Read up on the threads I gave you above and hunt down a few more. Basically you can quote this to them and see what they have to say about it.

 

Statatue of Limitations act:

sect 32

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake

[hayes]

Further to my request for some help regarding the letter from HSBC should I write back to them quoting the Statue of Limitations Act? also in the light of info on the site yesterday about claiming further back than six years, I have bank statements going back over ten years. Should I carry on with the existing claim or add the earlier charges to it?

[mochamoo]

With the new info I would claim it all back and quote s.32 of the act.

 

Go get em!

 

Good Luck

 

PS.Cant believe this thread is still here I pm'ed a mod to get you moved to the HSBC forum!

[hayes]

Are there any set letters on templates site yet, for claiming back further than the six years, I am already to send off to the bank, but don't want to shoot myself in the foot by writing the wrong thing in my letter to them.

[mochamoo]

bump, going to bed if no has responded I will check in the morning

[mochamoo]

Read This http://www.consumeractiongroup.co.uk/forum/hsbc-bank/76820-calling-all-hsbc-claimants.html

 

Bong has some links to the letters he sent.

[hayes]

I have today received a reply to my letter asking for 8 years charges from hsbc. they have rejected the claim for over 6yrs, but have offered me £4000.00 for the charges within six years. I closed this account in 2001, and the six year period, according to them applies from March 2001 - which by my calculation for that period is pretty much all of my charges. But they have stated ' in full and final settlement'

If I accept their offer can I put on the acceptance that I reject the 'Full and final'. I do want to claim for all my charges prior to 2001, but don't really want to lose the offer they have made. Any advice would be great.

[mochamoo]

Hi hayes,

 

HAve alook at these letters.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[lateralus]

go back to post 4 and get the personal details out of those attachments as soon as you can, please. like now!

[mochamoo]

I've flagged it lateralus. I should have checked again that they were removed after my original post5. (forgot they were there)

[hayes]

If I write back with a rejection letter, will I lose the offer they have already made, I worked it out last night and it is a full refund + charges for within the six year period, which is what I originally asked them for. The pre six year is the bigger amount, but could I put in a fresh claim for that, after accepting this, but declining the full and final - if you can understand what I mean?

[lateralus]

did you edit those attachments in post 4?????

 

as for the offer - if you send a letter back like this and make the dates read from the first one they are paying to the last - i think that would cover you so you could file for older ones.

 

here's the letter:

 

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge in your case the first and last that they are paying not that you were claiming - that would leave you able to go for the older ones in another claim)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely