Help Req Wednesday vs Hsbc

[wednesday1867]

Hello all

 

This is my situation, i defaulted on a HSBC managed loan, when i went to Payplan to start a debt management plan 14 months ago.

 

I am, well i thought near the end of the process of reclaiming my bank charges from HSBC, i couldnt afford to go to court at the time, but in a fortnihgt i will be in a position to take them to court, dependning on the cost, as far as i know the court proceedings cost £100?

 

Right this is my problem, my timescale is:

 

I sent letter requesting statements 29 Jan

 

Sent first letter for refund 22 Feb

 

Sent LBA to PO Box in Leeds 19 March

 

The amount im reclaiming is £1418.50 plus interest it totals £1785.29, in all letters to HSBC, i have been asking for the full amount.

 

The word seems to be HSBC aim to sort all this within 8 weeks, i was looking for this with no being able to go to the court stage.

 

Anyway i sent the letter threatening court action on the 19 March, i hadnt heard anything until today, when i received this letter:

 

 

Dear Mr So and So,

 

 

Thank you for your letter dated 19 March 2007 requestions a refund of your bank charges of £1418.50 passed during the last 6 years.

 

The bank does not agree that our charges are in any way unfair or unenforceable. The contract between the bank and its customers is governed bu our Personal Banking Terns and Conditions. If you ask us to make a payment that would, if met by us, lead to your account going overdrawn, or over an agreed overdraft limit, the bank considers whether or not to make this payment and a fee is payable for this service.

 

Our fees and charges are stated in out published price list and the circumstances in which these charges will apply are set out in out terms and conditions.

 

While i accept that this letter will not provide the response that you hoped for, i trust that i have been able to clarify the banks position. However, should this not be the case, i enclose a copy of out leaflet which explains how these matters are dealt with and the attached guidance sheet explains the next steps to you.

 

Yours

 

Mark Loker.

 

Firstly there was no leafelt enclosed only this guidance sheet which read:

 

We Hope that you will be happy with the attached response and that this matter has now been addressed to your situation.

 

Alternatively, if you wish to escalate your concerns to the next stage, you can write to the senious manager of our service quality team, at the the following address, enclosing a copy of this letter:

 

The Senior Manager

Service Quality Team

HSBC Bank PLC

Arlington Business Park

Millshaw Park Lane

Leeds

 

IF we do not hear from you within the next eight weeks, we will consifer matters resolved.

 

Cases we cannot resolve can ultimately be referred to the Financial Ombudsman Service, further details of which can be found in out Listening to your comments leaflet.

Now im not overjoyed by this response, with the timescale i was expecting a better letter, but my problem is, it looks like the 8 wek limit has been reset for me and im far from happy with it, the standard letters dont really cover what i want to say to the Senior Manager and as im not very good with the legalities of the situation, id very much appreciate some help or information.

 

The letter im looking to send back, is a straight to the point, that this has been going on far too long, id like to complain to the financial onbudsman, can i complain? Also i will be starting court proceedings on 26th of this month to reclaim the full amount, plus interest plus court costs, the only way i wont is to receive a cheque for £1418.50 before 26th, now i realise ive got more chance of seeing snow today than receiving a cheque

 

So if someone can give me some tip on writing this letter or point me in the right direction, id very much appreciate it.

 

 

Thanks.

[jowalshy]

Why are you waiting until the 26th to file? If your LBA gave them 14 days to comply you should have file on 3rd April. Stick to your timescales and not theirs.

[jowalshy]

Sorry re-read your post. I wouldn't give them any more time. If you are using MCOL - register now and complete all the neccessary bits. You don't need to submit the button yet, just save it ready for the 26th.

[wednesday1867]

Sorry re-read your post. I wouldn't give them any more time. If you are using MCOL - register now and complete all the neccessary bits. You don't need to submit the button yet, just save it ready for the 26th.

 

 

If i register now, will HSBC know its going to court, or will it not go thro til the 26th?

[jowalshy]

No they won't know until they receive the stuff from the courts. Once you file online, the courts send the claim stuff to DG. You will get a "Notice of Issue" from the courts telling you when the claim is deemed served.

[wednesday1867]

And is that when i pay the charge? Whats the total cost of going to court?

[jowalshy]

Yep. You fill in the box for amount claimed which will be total charges + 8% interest. The court fee will then be automatically calculated.

[wednesday1867]

So how long does the process take from here on in? Sorry if noob questions lol

[jowalshy]

I have no idea personally. I submitted my claim 14.03.07 and DG have only just put in their defence. I am currently waiting to be transfered to my local court.

[givememymoney]

wednesday I am not clear as to why you are waiting to start the court action they have had plenty of time to stump up the money the only way you are going to get them to move is to go through the court process. You could be looking at 2 -3 months from when you file your court action to when you see your money.

[wednesday1867]

wednesday I am not clear as to why you are waiting to start the court action they have had plenty of time to stump up the money the only way you are going to get them to move is to go through the court process. You could be looking at 2 -3 months from when you file your court action to when you see your money.

 

Reason i didnt take them to court, car failed mot, the money for court then got spent on car repairs, hence, cant do it til payday this month.

[Castlebest]

Hiya Wednesday, there is no problem delaying your claim; the periods recommended here are reasonable periods for HSBC to respond to your complaints. Its your claim, if you take a little longer you are just giving them more time to respond before you involve the county court.

The cost of submitting your claim is on a sliding scale, the maximum for the type of claim we recommend here is £120, but if your claim falls into one of the lower bands it will be cheaper.

pete

[givememymoney]

Ah no worries wednesday was just checking that HSBC hadn't lulled you into a false sense of security with their "investigations"!!!

[nettyg]

court fees are as follows:

 

up to £300

£30

£300.01 - £500

£50

£500.01 - £1,000

£80

£1,000.01 - £5,000

£120

£5,000.01 - £15,000

£250

 

hope this helps!

[wednesday1867]

Thanks for the replies, i have got the £120 together, so i will be completeing my MCOL in the next day or two, is that the one and only charge, got a footy season ticket to buy

[jowalshy]

It depends on whether you need to do AQ. I think this costs a further £100.00, but you are a while off yet. Once MCOL done you will get "Notice of Issue". The bank then has to acknowledge your claim and you will get "Notice of Acknowledgement" This give the bank 28 days to defend.

[Michael Browne]

See here:

Getting MCOL Right

 

There is an Allocation Fee of £100 for claims over £1500, but mCOL have started to dispense with the AQ since March 30th, so this may well not apply.

[wednesday1867]

Just a quick update, about to do mcol.

[nettyg]

if you need any help with the particulars of claim... come back and ask. i'll pm you mine if you want them.

[wednesday1867]

Thanks, im using the link, do you think if i get the date wrong i opened the account it will go against me, i opened it maybe 1990, but cant be sure.

[wednesday1867]

And obviously the interest would of gone slightly up, from i first calculated, so do i need to re calculate, or is it not worth it for the small difference?

[jowalshy]

I phoned the bank up and asked the date I opened the account of which they told me.

[jowalshy]

Once you have done your MCOL do many copies of your spreadsheet as you will need to send them to the courts (at least 2 copies) and DG. Did you state in your MCOL that you will be claiming the daily rate of interest? Just make sure that your claim equals your spreadsheet calculations.

[wednesday1867]

Im going thro mcol as we speak, im ont he particulars of the claim bit.

 

Im on money saving expert and i used there particulars, but thinking of changing to the ones on here,lol, just think ill have to re calculate all the charges tomorrow night, to ge them upto date regarding the interest, cos at the min, the interest only goes up to the day i calculated them, that was a late Jan or early February.

[nettyg]

there is a difference in the way that mse and cag operate. be careful that you don't submit conflicting information. stick to one website or another wednesday.