Cash _back vs HSBC

[Cash_back]

Greeting fellow claimants,

 

After reading and article in the Indy and perusing Martin Lewis’ website I have decided it pay back time, literally. Bank charges have been escalating sharply recently and I’ve had enough.

 

I’ve got all my statements down loaded from my account and calculated that they’ve charged me over £1200 in the last 6 years, and that’s not including interest. I’m going to claim for my wife’s account too.

 

I’m new to this and have a couple of questions:

 

1) Is the schedule for the bank corresponding measured in working days or just days?

2) Why can you only claim back for charges form the last six years?

3) I haven’t calculated the overdraft interest as it sound quite complicated to do. I was going to mention in my preliminary letter that I’d waive the interest as an act of goodwill on my behalf. Do you think this is a good idea, or will the bank see it as a sign of weakness?

4) Is there any history of HSBC closing account in retaliation, as this is a concern?

5) Due to increased media exposure of bank charges and raised awareness of the possibility of claiming back said unlawful charges, are the bank hardening their resolve and making it more difficult to recuperate your money?

 

Thanks for the site; it is both informative and supportive. Keep up the good work.

 

Nick

[Castlebest]

Hiya nick welcome onboard, firstly I would say if your not reading like a maniac now start it will give you all the information and background you will need to get a settlement from your claim, the first thing to read if you haven’t already is this;

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/38807-newcomer-heres-user-guide.html

 

With regard to your questions;

1. Its calendar days not working days.

2. There is a legal statute of limitations which allows claims up to 6 years, you can go beyond this but you have to prove the bank withheld information from you which prohibited you from claiming.

3. Have a try at the advanced spreadsheet before you decide not to claim and anything that might get you an early offer is worth a try in my book.

4. They have to be careful if they try to close accounts, they are not allowed to take punitive action against you.

5. The law is the law, they have been trying anything to reduce their liability anyway, the volume of claims is slowing the system down though.

Have a read and ask about anything you dont understand someone will be along to answer you.

pete

[Cash_back]

Pete,

Many thanks for posting a response. I have spent most of the day reading through the information on the site and trying to absorb it, not easy. Although I must say the support offered by the forum is inspiring.

I have had an 'interest free overdraft' for the duration of the period I'm claiming for, hence my perception that calculating the interest would be tricky. Although the bank has fleeced me with a charge every time I’ve exceeded my OD limit the interest is small, nominally a couple of pounds each time. I think I’ll try offering an the interest waiver as an olive branch. I don’t think it’ll do any harm and I would like an expeditious resolution if possible.

I’ve ordered a Lawpack small claims kit (just in case), read all the relavent guidance information, prepared my preliminary letter (with charges spreadsheet), girded my loins and are ready to fight the good fight.

I’ll keep the forum posted with my progress. Wish me luck.

Cheers,

Nick

[pinkduchess]

good luck

[givememymoney]

Fair enough with the overdraft interest if it was zero % then nothing to claim. But when it comes to the court claim you can claim the statutory 8% after all they have had your money in unfair charges for a significant amount of time.

[Castlebest]

Good luck Nick, keep up the reading and it will start to sink in, yes there is a lot to get your head around. Try to concentrate on threads that are dealing with the same things you are looking at at the time.

 

pete

[Cash_back]

According to the Royal Mail website they've received the PAR letter for my account and DPA for my wife’s account today. Therefore I'll be counting today is day one of 14 for my claim, and day one of 40 for retrieving my wife’s statements.

 

Keep you all posted on progress.

 

Nick

[Cash_back]

Latest update....

 

I received the standard "I’m looking in to your request, yada, yada..." letter from our man Colin. In some respects I'm encouraged by this, as I know from reading threads on the forum that some people don't even get one of these.

 

A day or so later I received a letter from a Mark A Loker requesting a copy of the schedule of charges. Oddly enough it was dated with the same date as the letter from Colin. Obviously I sent this document with my preliminary letter, so I'm not sure what happened to it as it passed between Colin and Mark A, maybe they're so swamped with refund requests that the document management and filing system has collapsed under the strain! Anyway I thought they’re not going to catch me out like that and duly sent a second copy off, recorded post of course.

I wondered that there must be more than one Mark Loker working for HSBC, as this one feels the need to include his middle initial to avoid confusion, or maybe he just full of his own self importance.

 

So I’ve just finished my LBA and that’ll be sent off today, and we’ll see where we go from there.

 

Yet to receive the avalanche of statements through the letterbox for my wife’s account, but it’s only been two weeks and they’ve got 40 days to comply.

 

I’ll post more news as thing develop.

 

Nick D Mymoney

[Castlebest]

Laffin, Hiya Nick D Mymoney... like it.

 

Your spot on with your reaction to HSBC's letters looks like you will get an offer before MCOL, or as normaly happens just after you have filed your claim.

 

pete

[Cash_back]

Wotcha Pete,

 

We'll I hope your prediction transpires. We live in hope…

 

BTW are you basing your statement on precedent? I appreciate that HSBC don’t appear to follow a set procedure and therefore there are no guarantees that I will see an early and successful resolution to my claim, however I have the conviction to see this through to the end (thanks to CAG).

 

Yours, with fingers crossed,

 

Nick D Mymoney

[Castlebest]

On the basis that most people dont hear anything at all from Uncle Colin and his chums, you have heard from him and his little friend with the A so someone must be looking at your claim.

 

pete

[Cash_back]

The story so far....

Not heard a peep out of Da HSBC since receiving a letter from Mr. Mark A Loker requesting I send my schedule of charges again. So in due course a LBA was winging its way to dearest Colin. There then followed 14 days of stony silence, imagine tumble weed drifting through dusty and deserted HSBC offices.

The 14 day deadline came and went, again sweet nothings from that purveyor of quality banking services. So I've filled my claim with MCOL and we'll see what happens from here on in. Well, they've had their chance, now I want my 8%!

On a serious note I appreciate that the MCOL isn’t the favoured route, but it works for me as I can track my claim (from anywhere) online. Being an electronic system I would hope is take less time to procress and there is less opportunity for documents to go astray (wishful thinking). Also it would be unjust for one system to be prejudice as both routes should provide the user with equal access to the legal system.

Also I still haven’t received any statements for my wife’s account, so I’ve penned (keyboarded?) a letter to chivvy them along.

Regards,

Nick D Mymoney

[pinkduchess]

your doing fine nick - as you say at least with mcol you can track the status of your claim online. either way they have 28 days to put their defence in.

[freakyleaky]

You are right nick, with on-line claim alot of the work is automated and therefore much quicker. Your claim cant be used as a coaster for the clerks coffee when you do it on line. There are template letters somewhere for non compliance. If you need one just shout and I will hunt them down and post them here.

Seems you have got things well under control anyway, Good luck:)

[Cash_back]

FreakyLeaky and Pinkdutchess,

 

Many thanks for the support. Isn't this forum great, it make one feel all warm inside.

 

Nick D'Mymoney

[Cash_back]

Greeting fellow claimants,

The 28 days are up for HSBC/DG, well if I’ve worked it out correctly they are. Can some one confirm that my understanding of the situation is correct?

I originally file my claim with MCOL on the 10/05/07, and I received an acknowledgement where DG had stated they we’re to defend my claim on the 11/05/07. If I start counting the 28 days from the 12/06/07 this means that the 28 day expired on Friday, 08/06/07. There has been no correspondence from HSBC/DG since I received the acknowledgement, can I now request a default judgment via MCOL, or should I wait a few more days? I counted calendar day not working days and I have assumed that this is correct. The MCOL site specifies only 28 days, and doesn’t state if they are working or calendar.

Is there anything else I can do, to ensure my claim is successful? Do I need to start preparing nudge letters?

Thanks in anticipation,

Nick D Mymoney

[Cash_back]

I've just spoken to the MCOL helpdesk and true to form they have recieved a last minute defence from the HSBC/DG. Apparently MCOL allow 5 days from the service of the claim to allow postal corespondance to pass between the MCOL and the defendant. So the deadline is actually tomorrow (28 + 5 days).

 

Will start preparing nudge letters.

 

Nick

[Cash_back]

Since I began the process of claiming back charges, the bank have continued to apply them to my account. I'd like to know what would be the best way of dealing with this.

Do I speak or write to the bank and ask them to stop doing this. I've already spoken to them by telephone but the chap I spoke to said, and I quote, "it'll be added to the settlement offer", I guess he could be just palming me off. Do I revise my claim and send a revised schedule of charges to HSBC, DG and the court? Or when (not if) I get an offer from DG I ensure that the additional charges are added before I accept the offer?

BTW my case is currently being transferred to my local court.

Any help and advice would be gratefully appreciated.

[freakyleaky]

You can not add charges to your claim at this stage! It will cost you money to ammend that you can;t reclaim and it will put yuor claim back to the start.

You have 2 choices. Call them and ask for immediate refund of the charges os make another claim. Be aware that the banks do tend to close accounts on the second claim on the same account.

The guy from the bank was fobbing you off me thinks!

[Cash_back]

Thanks Freakyleaky,

 

Will contact the bank and get them to stop applying the latest charge, and refund those where they have already been applied. I fear that they'll just say no, but it is got to be worth a try.

 

Cheers,

 

Nick D Mymoney

[Cash_back]

HSBC have made my wife a settlement offer and we'd like to accept it.

 

Interestingly we we're just about to file a claim with MCOL as the LBA 14 day deadline had expired. Then on Saturday a "full and final" offer was made for 90% of the amount being claimed. I still have a claim that is being pursued through the courts, and it would be nice not to have the hassle of dealing with another one. I appreciate that I ought to file a claim and go for the 8% as well, but this is money we’d had written off so any serious offer is a bonus. There doesn’t appear to be any confidentiality clause, although there is a form to sign.

 

Can anyone recommend how we should word our response and what are the repercussions of just signing the form and sending only that back?

 

In my case I have been allocated to the small claims track and have a hearing scheduled for the 28th of September. The first nudge letter has been sent.

 

Thanks

 

Cash_back

 

(note signature below needs updating!)

[jowalshy]

Here is a letter of accpetance I found.

 

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)

 

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

 

Just adapt it to suit your needs as you didn't get to the court stage for that claim.

[Cash_back]

I have been allocated a track and given a court date. I have also contacted the court and asked if I need to pay an allocation fee and I have been told I do. Anyway I was just about to send of a cheque when the OFT announcement about the test case was released. I’m expecting a letter anyday from the court informing me that my case has been stayed. I’d like to hold off paying the allocation fee, but how late can I leave making the payment?

My court date is the 28th of September 2007.

BTW my wife had an offer for approximately 95% which arrived just before we filed a claim. We accepted before the OFT test case announcement, but the money is yet to be paid in to here account. I’ve read on one of the threads that the OFT has told the banks that they have to honour any outstanding settlements. Is this true and does anyone know where can I find this instruction.

Once the money is safely in the bank, I’ll post a *** WON *** thread, to chivvy everyone up!

Thanks,

Cash_Back

[freakyleaky]

If the banks have made an offer and you have accepted then they have to honour it! Give them a call and ask where your money is!

[jowalshy]

It even states on HSBC website that any offers made will be honoured upon acceptance. As Freaky says, give them a ring and ask about your money. Did you post the letter of acceptance? If you did it may not have reached them yet. If you still have a copy of it, fax it over to DG. This is what I did and the money was in my account the next day.

 

Fax Number:- 0121 455 2771