Rayne Vs HSBC - Round 2

[Rayne]

Afternoon all

 

Just had an offer on first claim today for the full amount (or close enough) so now starting on 2nd claim as they've kindly slapped on about £550 since the first claim started PLUS I missed £107 worth in the first one.

 

For the first claim please see http://www.consumeractiongroup.co.uk/forum/hsbc-bank/62691-rayne-hsbc-scummers.html

 

And to everyone that assisted in that first claim... a HUGE thank you for your kindness and help as I couldn't have done it without you.

 

As a point to note, and just out of curiosity, in their offer letter they stated "without liability"...could it not be stated that a condition of acceptance of any offer is that they DO accept liability? Where would or could that lead?

 

Following letter going out as soon as Claim One is settled in full:

 

Since 13 February this year you have deducted from my account almost £600 in charges, despite my successfully claiming £2,800.21 against you. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, which you have clearly failed to do.

 

I calculate that you have taken £657.50. Included in that amount are also charges I initially missed in my original claim which I now include.

 

I am enclosing a copy of the schedule of the charges which I am claiming.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin another claim against you for the full amount plus interest plus my costs and without further notice.

 

Please be aware that as I have already successfully claimed against you I will have no compunctions about going “all the way” with this claim.

If it is your contention that your charges are lawful then I look forward to arguing the case in court, which we both know will not happen as HSBC and their legal representatives, DG Solicitors, have always settled out of court in the many hundreds of cases brought against them, thereby wasting valuable court time and money.

Please also note that with the added expense of my filing against you again then the cost to you increases from £657.50 to approximately £800.00, give or take, so it is in your best interests to settle earlier rather than later.

I look forward to your earliest settlement.

Yours faithfully,

If anyone can see anything wrong there please say now before it goes to HSBC. I realise it's somewhat harder hitting than previously and runs some inherent risk but I'm not pussyfooting with them this time...not that I did anyway

[lateralus]

fine - good letter - but still do the 14+14 before you file

it worked for you the first time - don't short cut - prelim then lba then file.

[Rayne]

okies boss

[Bookworm]

Title edited, please refrain from abusive language, thanks.

[Rayne]

boo

 

might wanna do my original thread as well lol but okies boss man

[Castlebest]

I was wondering why your other thread got left

 

Oh and bookie is a girly... damn clever one too..

 

pete

[lateralus]

ALL the clever ones are girlys!

[Rayne]

so how u explain my missus?

[Castlebest]

sayin nawt about peoples fiancees

 

Regarding your missed charges I think you have lost them because you have agreed not to claim again between the dates of your first claim and from what you have said they fall between those dates.

 

pete

[Rayne]

Pete, I only agreed that it was full and final settlement of that particular claim ONLY, not between the dates of it. Does that not leave it open-ended?

[Castlebest]

Think DG might see it differently, read exactly how they worded their letter and see if you can wriggle out.

 

pete

[Rayne]

They worded it as between specified dates, however my acceptance stated that my acceptance was in regard to that specific claim ONLY, not specifying any dates.

 

I suppose I could try it, see what happens. At the end of the day they'll at worst disregard that part of the claim and contest it, but still out of court. Because of the wording of my acceptance it shouldn't be too hard to push it I would have thought. End of the day it's still charges that have been unlawfully taken and remain, as yet, unclaimed.

 

FYi, exact wording of DG's letter has been posted in my original thread as these two seem to be crossing a bit lol

[Castlebest]

That is a problem with running two threads

I think its worth keeping in for now because you will be settling your claim with DG, if you dig your heels in they will have two alternatives, pay you or go to court, one of those they wont do under any circumstances. I do think you will have to fight on your hands though.

pete

[Rayne]

good, i prefer a straight fight

 

on a lighter note, booked the honeymoon today, 2 weeks fully inclusive full on honeymoon package in the Maldives :D Thank you VERY much HSBC

[pinkduchess]

lucky to be mrs rayne

[Castlebest]

Wonderful part of the world, I worked in Sri Lanka for a year its brilliant didnt want to come home and some of the English guys I was working with didnt.

 

pete

[givememymoney]

Rayne I think that you will be ok with this particularly if you are claiming for any more recent charges as HSBC again will want to settle before you get to court. As you say you agreed settlement of your previous claim which was set out in your schedule of charges you have settled on that not on the time period.

 

As for this Lattie....hmmmmm "ALL"!!!! enough said

 

ALL the clever ones are girlys!

[lateralus]

ok, ok lobotomy successful, i'm back. they took out the daft part of my brain, hopefully. in an attempt at reconciliation with my fellow forum users - sometimes we generalise. i said the other day to crusher - i think if we all met up - we'd probably be surprised at the reality and wouldn't be able to match people up with their on-line personas. but i find it funny the in a lot of cases - peeps (including me) don't even get the gender right. and you have to admit - in general, forum users tend to think everyone is a male unless you have a girlie username or avatar. so, not all the clever ones are girlys - but more than you think!

[Rayne]

could start on with all the "blonde" jokes...but it's sunday and it's my brain's day off today

 

oh never buy a tesco value dvd player, not if u don't want ppl to know where u get it from...start it up and it says "Tesco" in big words across ur screen, oh the shame!!! lol

[givememymoney]

hahaha fantastic Rayne and what is so wrong with buying from Tesco anyhow?

[Rayne]

nothing bud, it's just the fact it's their value line and i'm a snob lol

[givememymoney]

glad to hear it me too

[Rayne]

quick question about my 2nd prelim letter, which is going out on 7th May

 

When I refer to the dates between which they charged, how does

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account between 6th June 2001 and 7th May 2007, which also contain charges that I missed in my first successful claim against you.

look to everyone else? Don't wanna shoot myself in my own foot on the word go. Or shall I just leave it as standard wording?

[Rayne]

right then, full letter below. Have a read and see what you think ladies and gentlemen

 

"My request

I am writing to ask you to refund to me the charges which you have levied from my account between 6th June 2001 and 7th May 2007, which also contain charges that I missed in my first successful claim against you.

I understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £657.50. I enclose a schedule of the charges which I am claiming with this letter.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter this time and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. I would urge you to settle this matter earlier rather than later as failure to do so will incur further costs against you, with the addition of court costs and any other fees I may need to pay in order to bring another successful claim against yourselves.

 

Yours faithfully,

[givememymoney]

I would split it out a bit more and say something like I am claiming for charges between x date and x date. In addition I am also claiming x number of charges that were missing from my earlier successful claim between x date and x date.