HSBCrusher v HSBC - The Battle continues.. claim 4 ready to go!

[HSBCrusher]

I have been reading this fantastic website for a while now. I extracted the last 6 years' worth of information out of HSBC, and there is quite a whack of money taken, nearly 3 grand in total.

I have sent off the first letter (that was in your library), then I sent off the LBA 14 days later (got a rubbish standard "we are dealing with your complaint blah blah blah... and a nice leaflet as a reply). There is just over a week to go before I put in a claim in the small claims court.

Am I right, but does anyone think that these guys have been actually cranking up the charges the past few weeks?

[HSBCrusher]

Hello! great to meet you.

In my case the charges have not really gone up, it's just they seem to be applying them more, with tactics, making sure you go over just a little, and then bounce everying else. So they get their £125, and then lots of £30 bouncy charges, (or those "card misuse" fees, definitly some sort of penalty rather than cost) very profitable. Funny, they then bounce all payments except the bank charges. If there are insufficent funds to pay your car insurance, how is there enough to pay the charges?

In any case, the only reason there is not enough money is because of last months harvest.

Just one other thing- do you think they are likely to close my account?

[HSBCrusher]

Thanks for your encouragement.

This really could be quite good fun.

Anyone out there had their account closed over a claim?

Or is it usual for it to be left open?

[HSBCrusher]

Here we go.

I have this morning received the standard "you still get free banking blah blah why are you comlaining blah blah we do not agree the charges imposed by the bank constitute a penalty clause blah blah blah" from a Mr Johnson. I have seen this standard letter already here on this website, so I am not deterred.

It ends "I hope that matters have now been resolved to your satisfaction." How can it be? Where's my money?

Not a penalty clause? Why call the charges "card misuse fee"? The word "misuse" surely implies just this?

Do I just put in the claim on the 14th day, or will another letter be needed about how I am now on the phone to the local papers.....

[HSBCrusher]

I have had a peek at some other letters on this site that have been written in this instance, this is a cut and paste type letter I am going to send.

Should I bother, or should I just go ahead and claim?

I suppose another letter would show I mean buisness, and could result in a pay out?

 

 

 

Dear Mr Johnson

 

Many thanks for your letter dated 26 May 2006.

 

I am dissapointed that you will not return the money you have taken from my account.

 

My claim is for £XXXX.XX in punitive charges unlawful in Common Law.

 

I shall be sticking to my original timetable, giving the bank until 6th June to satisfy my claim in full, and unconditionally. If I do not receive a satisfactory response from you by this date, I will proceed to issue a claim for recovery of this sum in the courts, plus additional charges you have made recently, plus any costs, plus £XXX.XX in interest

 

 

Yours Sincerely

[HSBCrusher]

I am now in the process of filling in my moneyclaim form.

When you kick the box concerning claiming interest a message comes up saying that I should include this wording...

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

What do I enter for the last bit, daily rate of interest?

[HSBCrusher]

Thanks Barracad.

This is very stressy!

All saved, just have to click submit on Tuesday.... and off it goes.

If this works out, I will be claiming against loads of other cards/accounts.

[HSBCrusher]

Moneyclaim sent off today, processed for tomorrow.

What a pain trying to fit it all in the box! (24 lines)

Reading around, I feel it might be a good idea to send the bank a recorded delivery letter telling them I have taken this action (so there is no problem with the bank saying they didn't get a chance to fight!)

:D :D

[HSBCrusher]

I used the 0.00022 calculation, it works fine, about 75p per day on three and a half grand.

[HSBCrusher]

Best course of action is the one you are taking - don't let them divert you...you are about a fortnight from your money.

 

Just got a letter back from the court, they intend to defend.

They now have 28 days in which to offer a defence.

[HSBCrusher]

Thanks Mike.

They are counting on people giving up at this stage.

This is so unfair that folks have to go through all this to get money back that was taken illegally.

I will be going the whole way, so watch out HSBC, Crusher is coming for you!

[HSBCrusher]

I hope you are right.

wish me the best!

By the way, I have noticed by the side "rep power" below number of posts.

What is rep power?

[HSBCrusher]

Hi Crusher,

 

Looks like we are on an identical timetable. However, I'm not sure if you were offered anything before taking it to moneyclaim. For some obscure reason, they offered me over 80% of my original claim, which just seems stupid that for the sake of another £200, they could have saved themselves court expenses AND interest.

 

Oh well, it suits be, the interest alne is £400.

 

Maybe we'll get our money back on the same day?!?!

 

 

All the best, I'll be watching...

 

No offer for me, I just had a "get lost" letter.

I am led to believe that they will not wait the 28 days and make a full offer as posted earlier in my thread.

I am quite happy they didn't just pay up, like you say now I get the interest too as a bonus.

[HSBCrusher]

I haven't a clue what HSBC are up to! You filed your claim on June 5th, for issue June 6th and service presumably June 11th. They've already acknowleged your claim.

 

My claim was issued May 26th, served May 31st AND STILL NOT ACKNOWLEGED!!!

 

OC

 

Must be down to volume of claims.

These will go through the roof I would imagine after the Trevor Mc Doughnut programme.

The acknowledgement actually came back on the 8th, I filed on the 6th, so very quick.

It might be an idea to send a letter to them stating the action you have taken, and that they will be receiving paperwork from the court. There seems to be an issue arising of some folks getting a judgement set aside because the bank has "lost" the paperwork and not had a chance to defend.

[HSBCrusher]

That covers your back, if they try and go for a set aside (if you go for judgment after the 28 days) you can prove they did indeed know about the case, and they are also incompetent as well as greedy.

[HSBCrusher]

If they fail to acknowlege I can apply for judgement after 14 days but I don't really want to win by default. Ultimately it has the same outcome but I either want them to acknowlege that I'm going through this process and offer settlement (because even though they say "without admitting ...." they are still sort of acknowleging they agree that their charges are wrong) or for it to proceed to court for a full hearing. The latter option, regardless of whether or not I win, means I've had my day in court and have made a point.

 

If I win by default it just means that their internal processes have failed and doesn't provide any sort of moral victory. As useful as the money would or will be, it's the moral victory that matters the most.

 

OC

 

the moral victory, I agree, is most important.

there is where the satisfaction lies.

[HSBCrusher]

Well, I am a good customer too, I have the same sort of products as you.

Those who do not claim back the money taken from their accounts, now they are the really good customers.

[HSBCrusher]

That's not difficult.

I fell out the ughy tree and hit every branch on the way down!

[HSBCrusher]

Keep going bud.

It's a big game of chicken, nothing more.

[HSBCrusher]

The words Hell and Freezing spring to mind!!!!

[HSBCrusher]

Okay, now it becomes interesting.

A letter comes today, offering me half.

Its the standard "we feel confident we will win blah blah etc" that we have seen so many times before on this forum. (thats the beauty of it isn't it).

I will be replying that I accept the money as a down payment and will still be coming for the rest. After all, legal action has started now, why not bring it to conclusion? It's my money they have.

Now, my question is...

there have been exta charges added the past few days, is it possible to add these to the claim? I can't see how really.

I suppose I will have to start a new claim against them when this one completes?

[HSBCrusher]

Hello Gordon.

Yep, I will have no overdraft when refunded.

I will mention the extra charges in my letter, and make it absolutley clear that another legal action will be coming their way if the charges remain!

You heard anything yet?

 

Crusher- (you'd better believe it!)

[HSBCrusher]

I see your point.

I could get them to refund the charges informally, ie look at this refund of charges, what about these?

The account closure issue is somewhat legally cloudy though?

[HSBCrusher]

oh, finally!

I had the same last week, so if yours follows the same pattern you will have an offer for half next week, which of course you will no be accepting......:grin:

[HSBCrusher]

People all over are being offered the full amount, 80%, huh, see if I care.

 

 

Anyhow, this is the letter I will be sending

What do you guys recon on this???

 

Dear XXXXX,

 

ACCOUNT NUMBER: XXXXXXXX

I thank you for your letter dated 13th June 2006.

I wish to accept your offer of £XXXX as an installment towards the full amount owing, £XXXX, which if paid in full will cause me to cease my court action against HSBC

I am entirely confident that the charges imposed by HSBC are completely unreasonable, and that a court would agree with this statement.

 

 

 

 

 

 

Yours faithfully,