pswurkxm v HSBC

[pswurkxm]

I have just set up a debt management programme,for myself an I V C.Going through my statements from HSBC , i find i have been charged over 5k in charges over a 6 year period, no wonder i got deep in debt!!!! 2 questions to you good people,1st would taken action against hsbc for overchargeing effect my I V C payments,secondly, i had a agreed overdraft set up with them,which i was charged £27.50 a month plus interest to have the use of, is that reclaimable,as sometimes my charges alone over a month were £100.00 plus interest and return fees,thanks for reading

[maverik1979]

the £27.50 looks mighty familiar to me , i'm not sure if it was a charge for your overdraft, more a charge for going over your overdraft, if so then you claim that back

 

afaik i was never charged for the facility of my overdraft, however if that was the case for you , then you cannot claim back something which was a service provided to you by the bank

[nikki198003]

I doubt v much the £27.50 was a charge for the overdraft, more likely to be a charge for going overdrawn.

 

£27.50 shows up regularly on my account, and I certainly didn't agree to a monthly overdraft fee

[pswurkxm]

I have just got my statements through,i cant beleive the amounts they have taken from my account,ill break it down £1551.79 in interest,£3078 in charges and £920 in charges for stopped DDs and stopped Standing orders, Thats a total of £5549.79 .Having read around this site do we think this is to much to go for in one go.I wanna send my first approch next week.

[Movingon]

It's too much to stay on the Small Claims Track. However, the £1551 you quote in interest; is that interest they've charged on CHARGES ALONE, or is that ALL the interest they've charged you? You're only entitled to reclaim the interest which applied to the charges they took unlawfully... What types of charge are the £3078 for?

 

If that's what you've done, however, break it down into two claims; one for one fee type, and one for another fee type.

[pswurkxm]

Well going through my statements,i have added up all the interest charged,as it doesnt split what its for.Or is it on the summary page of charges that it only applies to.As for the charges these appear on my statement and on the summary page which i have added together as they are of different amounts so i guess they are for different things?

[Movingon]

OK - as regards the interest, unfortunately you'd have to split it down yourself. You'd have to know the interest rate being charged at the time and you'd have to apply that rate to each individual charge as it was levied - the interest charged on the rest of your balance is legitimate and cannot be claimed back. (I have ignored my interest; it was too bloody hard to work out)

 

As regards your charges, ignore the separate "charge notification sheets" and just count the charges actually listed on your statements; and only the ones which apply to instances of default: e.g. excess overdraft fee, overdraft fee, unpaid items, etc etc etc. Regular charges, like "overdraft arrangement fee" and stuff you ASKED them for, you can't include.

 

Also, I would have a good solid read around the FAQ and around the stories of other people claiming their charges back from HSBC... you'll need to get a good solid feel for the place before you jump in...

[caro]

Also look at the spreadsheet in the bank templates library which will give a reasonable calculation on the interest for you. There are 2 there. Do not use the court claims calculation at this stage. Take a look and you will hopefully see what I mean.

 

Have a really good read in the FAQ's and around the library and the forums, and a lot will become clear. When you have done that come back and ask anything else you need to know.

 

Welcome to the forum and good luck by the way.

[pswurkxm]

Spent most of tonight working out charges taken from my account, used the templates in the libary, very handy.so sending 1st approach letter ,registered post in morning sitting back and waiting for there response.After reading so many threads i know what it will be.Still they owe me sum 4700 pounds so its worth fighting for.I will keep you posted

[jonni2bad]

Threads merged.

[pswurkxm]

thanks every one,for your interest.I worked out the interest on the template given,so its the interest on the interest they charged me.Also the charges im claiming for are for un paid DDs ,card misuse,unpaid item charges,and i know i have a standard charge per month of £27.50 but i keep getting random amounts,from £27.50 to £125.00 a month without any explanation or reason for the difference, so ive taken the £27.50 from the amount charged and asked for the difference back.

[maverik1979]

thanks every one,for your interest.I worked out the interest on the template given,so its the interest on the interest they charged me.Also the charges im claiming for are for un paid DDs ,card misuse,unpaid item charges,and i know i have a standard charge per month of £27.50 but i keep getting random amounts,from £27.50 to £125.00 a month without any explanation or reason for the difference, so ive taken the £27.50 from the amount charged and asked for the difference back.

what do you mean a standard charge?, did you have an arranged overdraft which you had to pay a monthly fee for?, as i've not heard of one yet, its most likely that you happened to have a charge put on every month of £27.50 i know i had the same thing, does it say specifically that its in relation to an overdraft fee, or that its a charge?, if its a charge you'll be able to claim it, although i have a feeling it may take you over the £5000

[jonni2bad]

Just to clarify....

 

Small claims court 'limit' is £5,000 - but this EXCLUDES court fees and any interest you are adding at 8%.

 

It would include any overdraft interest that you could determine as being solely because of the unlawful charges (usually quite difficult to do).

 

Even a claim above £5,000 could still go to small claims track - it would need to argued as to why this should be the case, but essentially there is still an option.

 

pswurkxm - have you determined what you are claiming exactly?

[pswurkxm]

Some reassurance please!!!!

Had to send a breakdown of my charges to DG solicitors today

and also noticed from my on line claim through HMCS that they intend to defend my action,and it has now been passed to a court for action .

Is this normal, or am i going to court

[angela1606]

its normal you at same stage as me race ya lol

[martin2006]

Its unlikely if the other HSBC cases are anything to go by.

They just tend to leave it to the very last minute before paying up.

[pswurkxm]

ok Angela

the race is on, and they owe me about the same money too

[radiodan]

They leave it to the last minute to test your resolve, show em who's boss ;-)

[angela1606]

i got full offer this morn

[Trancendent]

Glad to hear it ...

 

I'm just starting my claim now

 

Well done for hanging in there

[radiodan]

hey... nice one!

Can I expect shopping to be the order of the day

[martin2006]

Well done Angela

[paulscott79]

Hiya, I received my acknowledgement from the bank saying they intend to defend too.... how long until offer was it for yourself?

[angela1606]

6 days they said they were going to defend on the 16th i then got a letter on sat asking for breakdown which i faxed from work on sat and then i got this letter this morn and they dont work weekends so it might have been a bit quicker

[pswurkxm]

yippee

I recieved my letter this morning

offering a full settlement

if i keep it quiet,

so dont tell anyone!!!