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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
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Pezza76 v HSBC


pezza76
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Sent my SAR request on Friday 23rd March, have not heard anything from HSBC at all. I have proof it was delivered.

 

Are they normally this slow?

 

What date would the 40 days be up?

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At the moment yes they are slow, simply due to the volume of requests. However stick to your 40 day timetable. By my estimation their 40 days are up today. It's worth sending them a nudge letter giving them another 7 days to comply and after that go after them for non-compliance.

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Thanks for that.

 

Do you think I should send them over a fax instead?

 

If so do you know the correct fax number for them?

 

Thanks again

 

Pezza76:)

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HSBC

REGISTERED ADDRESS: -

HSBC BANK PLC

8 CANADA SQUARE

LONDON

E14 5HQ

 

COMPLAINTS DEPARTMENT EMAIL ADDRESS: -

[email protected] m

 

[email protected]

 

CUSTOMER SERVICE/COMPLAINTS CONTACT NUMBER: -

Complaints 0800 88 11 55

Customer Service 08457 404 404

 

INTERNET BANKING WEBSITE: -

HSBC INTERNET BANKING

 

HOW TO OBTAIN YOUR STATEMENTS ON LINE: -

Click on “My Accounts” choose the account that you wish to deal with and then click on “My Statements” this will give you online access to up to 6 years of statements. (Repeat for each account and use a separate spreadsheet for each account).

 

Hint: - Watch out for the moving "Prev" button it is replaced by "Next" which takes you back to where you started :rolleyes:

 

OTHER CONTACTS: -

Mr David Lewis ----------------- Tel: - 020 7991 8550

Fax: - 020 7991 4922

Head Of Customer Relations

Customer Relations Department

Level 36

8 Canada Square

London

E14 5HQ

 

Service Quality Team Direct Telephone Number for the team dealing with reclaiming Bank Charges 08456 028 006

 

Dyfrig John

Chief Executive

HSBC Bank plc

8 Canada Square

London E14 5HQ

have you tried that bit about getting them on-line? could save you waiting.

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Thanks for all the great info

 

Unfortunately I'm not registered with the internet banking!

 

I will fax over the template straight away though, giving them 7 days to supply my data.

 

If I haven't received it by then what is the next stage for non compliance?

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click on the link in netty's post, that explains everything to do with non-compliance

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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click on the link in netty's post, that explains everything to do with non-compliance

 

 

Thanks for this, any idea which page (there are 38) I will find the link on?:shock:

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Update-

 

On Saturday I received about 30 letters through from HSBC I think the post man must have wondered what was going on!! The letters contained statements dating back to 2003 but no further back. They were in no sort of order at all. When I finally got them in order they have sent me through from sheet 59 (June 2003) to sheet 130 (most up to date) so basically have not sent to me sheets 1 through to 58.

 

The forty days has passed now, we are now nearly at 50 days.

 

What should I do next? The statements I have been sent through charges add up to nearly £1500:-o

 

Should I give them another warning? or just proceed with the claim for non-compliance?

 

Thanks

 

Pezza76:rolleyes:

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Hiya Pezza, well you are allowed to alter your claim figure up to the point where you file your claim with the county court so you could start with your preliminary letter for the charges you know about and also send HSBC a SAR default notice for the statements you are missing at the same time.

 

It gets the ball rolling on your claim and you have 28 days (2X14 day periods) to receive the rest of your statements and include them in your claim.

 

pete

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I didn't think of it like that!

 

It shouldn't really make any difference though as with any business if you have to much work on then you employ more staff!! :lol:

 

Silly me why would they employ more staff to deal with giving the money back?

 

It's their own fault for taking trusting customers money unlawfully in the first place :mad:

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Update

 

10th May - received rest of statements, about another 30 letters for the postie to deliver.

 

My charges totaled virtually bang on £2000 with the 8% interest looking at approx 2.5k. I have sent the prelim letter off to HSBC today, so 14 days until LBA.

 

I take it that HSBC are making everyone wait until the last minute, before refunding the money?

 

Thanks for all your help so far!!:)

 

Pezza76

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usually two letters, filing an mcol claim, 28 days, then on to a local court - usually another 4-6 weeks - it's not a quick process - but you will get your money back if you persevere. (you could be one of the very lucky ones who only has to write a letter or two and they agree - but that's quite rare!)

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  • 1 month later...

Update

 

Sent Prelim and received a letter back from HSBC saying they are looking in to my complaint and will reply with their findings. Then sent LBA which has been far longer than 14 days and not a whisper from HSBC. Am just about to file my Money claim online.

 

On Saturday I received a letter through from HSBC from Angela C Harries saying

 

Thank you for your request with regard to information about transactions and charges/fees on your account.

 

We note you did not request copy statements (that's strange then how comes I have 6 years worth of statements from you that come through the post with a letter signed by you) , however, this is the only format in which the bank holds the information you require. For this reason duplicate statements have been ordered on your account (how many trees do you want to cut down?). These will begin to arrive in seperate batches (like the ones you sent me last month?) and will be with you shortly.

 

If you require more information, please let us know. (er yes please what have you done with my Prelim letter and LBA and the two sets of charges I was claiming for)

 

Has anyone else had this?

 

Any ideas on what I should do now? Carry on with Moneyclaim? etc

 

Thanks in advance

 

Pezza76

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That would be great thanks.

 

Do you know how much it will cost to file a MCOL I'm claiming £1950 + roughly £500 in interest charges.

 

Do you know if HSBC are still paying out? or are people actually getting as far as the court room?

 

Thanks in advance

 

Pezza76:)

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