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Bank have got Solicitors Involved!!


Dazzler74
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Hi,

 

I recently received my judgment from the court and was just about to sort out enforcment.

 

However, this morning I got a letter from a solicitors representing HSBC with a copy of a letter they have sent to the county court asking for a stay of execution...

 

I thought that if it was with the small claims court you werent supposed to use a solicitor...

 

They are disputing my claim of 6 years of charges, stating that I estimated it (which I did, 1 years of charges x 6) and that they could prove what my charges were. The bank failed to send me proof when I asked for this at the beginning..

 

They are also disputing the unfair term and conditions ACT. They say their defence didnt arrive on time due to a faxing error!!

 

What do I do now?

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I sent 2 letters at the start of this process by recorded delivery explaining exactly what I was doing, the second being the letter you can download from the BBC website..

 

I then proceeded with the small claims court - I have done everything in the right order as described on various websites such as BBC website, penaltycharges.co.uk and this one..

 

The relief of getting my judgment has now turned to despair again..

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Hi,

 

I recently received my judgment from the court and was just about to sort out enforcment.

 

However, this morning I got a letter from a solicitors representing HSBC with a copy of a letter they have sent to the county court asking for a stay of execution...

 

I thought that if it was with the small claims court you werent supposed to use a solicitor...

 

They are disputing my claim of 6 years of charges, stating that I estimated it (which I did, 1 years of charges x 6) and that they could prove what my charges were. The bank failed to send me proof when I asked for this at the beginning..

 

They are also disputing the unfair term and conditions ACT. They say their defence didnt arrive on time due to a faxing error!!

 

What do I do now?

 

I need additional information to be able to respond appropriately.

 

So let me get this straight, the charges you are claiming for are an estimate and not the actual charges incurred?

If this is the case on what basis did you manage to come to an amount to claim?

I have never known HSBC not to comply with the DPA/SAR and send the relevant information regarding outstanding charges, did you send the DPA/SAR letter and then follow it up with the non - compliance when nothing had been received within the 40 day period?

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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As stated on various websites if your bank do not send you copy statements you can estimate your bank charges over a 6 year period. I had 1 years worth so multiplied it by 6 to get the total - if anything, this was an underestimation..

 

I send 1 letter saying I needed proof of my charges over the 6 years and explaining I needed a breakdown of the £25 charge so I knew what it was made up of, I gave them 14 days.

 

I then sent another letter asking the same and saying if I did not recieve a response in 14 days I would pursue it through the courts.

 

I applied for my small claim - the bank then on the lats day asked for an extension of 1 month, after the month expired they had not responded so I asked for a decision which was made in my favour.. I was then about to enforce my decision..then letter from my banks solicitors

 

The Bank did make me an offer of less than half saying this was the total charges....

 

I did not respond as it was at the courts deadline..

 

In fact the amount the Banks said it was is in fact different to what their solicitors is saying..so they are not even being consistent in this respect. I have kept copies of all letters sent and recieved...

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What 2 letters did you send. The process would have been -

 

1. DPA/SAR letter

2. Non compliance of the above

3. Initial letter (should the above information have been received) requesting repayment of charges accompanied by a schedule of charges (spreadsheet of all charges claiming for).

4. LBA - letter before action if no response made or letter of non acceptance of partial settlement

5. Count Court - Small Claim submitted

 

Which of these were the two letters you sent before making a claim?

 

Boo

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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I have done everything in the right order as described on various websites such as BBC website, penaltycharges.co.uk and this one..
Except by not bothering to find out exactly what your charges are, it's come back to bite you. You are bringing the calim and it is up to you to prove each and every charge, which you clearly can't do. The bank merely has to say what charges and when?

 

You need to send a DPA request:

1. Data Protection Act, Subject Access Request letter - List of charges

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Apologies - but I'm going to have to ask someone with more knowledge than I to advise you on this. I personally was not aware that bank charges to be claimed could be estimated! Why would anyone then apply to have copies of bank charges incurred as they could just estimate and submit a claim for any amount. I am not saying this is not the case but seems a little dodgy to me:confused:

 

Boo

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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As stated on various websites if your bank do not send you copy statements you can estimate your bank charges over a 6 year period.

Just out of interest, on which sites does it say you should do that?

 

Unfortunately, thats very bad advice.:(

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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The BBC (the last paragraph is laughable):

 

 

You have only some statements from the past six years

 

You can submit an estimated claim if you genuinely believe you have been charged during a period for which you have no statements. Calculate all the charges from the statements you have and if you believe the missing statements would also record similar charges, then estimate the missing amount by doing the following equation:

  • If one year's statements show £70 of charges then you can estimate the total amount of charges for 6 years will be: £70 x 6 = £420.00
  • If you have 5 months of statements and these show that you have accumulated £150 of charges in that time, then you can calculate that you have been charged on average £30 a month. (£150 divided by 5 = £30). There are 72 months in six years so 72 x £30 = £2,160.00 (if your account hasn't been open for the past six years then only multiply the average amount by the number of months the account has been open).
  • Fill in the necessary details in the template for the "estimated charges letter" in the box below and post it Recorded Delivery to your bank/lender's branch address.
  • Your bank/lender will almost certainly work out how many charges you have actually incurred in the past six years. It may contact you within 14 days to either make you an offer, in part or in full, or to state that it has refused to refund your money. o.gifDOWNLOAD THE LETTER
     
     
    Bank 'estimated charges' letter [14KB]
     
    Most computers will open this document automatically, but you may need Adobe Reader
    Download the reader here
     

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Thats unbelievable! Certainly not what you'd expect from the BBC. I think they should be told - its causing us, not to mention the claimants, no end of problems.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thread moved to HSBC forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I am more than happy to just claim what charges I have on my account but HSBC would not send me the info after several requests..

 

I ,therefore, quite rightly, can estimate based on what they have already charged me.. If they dispute this then they should provide proof which they will be able to when we go to Court..

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If they dispute this then they should provide proof which they will be able to when we go to Court..

The onus is on you to prove what you are claiming for. The bank is under no obligation to provide any data, unless forced to do so under the DPA, which you haven't done.
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He's right I'm afraid Dazzler - you've brought an action against them for an amount of money you alledge they owe you - it would be incumbent upon you in court to prove the sums had been taken

 

As an example of this, look at the directions which many courts now order -

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

  • a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

  • b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

  • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  • d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Get an SAR off straight away.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Oh yes, good point Bong. Why did'nt I think of that!:?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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statements only go back 1 year online...

 

Thats what happens when you follow the advice of the BBC. I was unaware of this website when i started this case.

 

I understand a Barrister is taking Natwest to court for bank charges even though they have offered way over what he was charged as he intends to sue for damages...anyone know what his chances are?

 

Its a bit too far down the line to back out now and I will fight it to the death!!

 

I will send off a SAR asap

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I can't understand why your statements only go back 1 year, are you looking in the right place?

 

after you have logged on to your current account, on the left hand side there is a menu, underneath "my accounts" there is an option to click on "my statements" which brings up a box showing last years worth of statements, on the right of this there is a box "next set" which brings up the year before that, if you click it again it carries on bringing up the previous years..it might be worth you having another look just to see.

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If not, I believe the correct DPA address is;

 

Ian Shepherd

Coventry DSC

Harry Weston Road

Binley

West Midlands

CV3 2TQ

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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