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HSBC - help needed


gibbon666
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Hello,

 

I have recently sent a court order to HSBC for bank charges totaling £4002.00 that including interest and £120.00 court fee. This was on the 24th April HSBC has filed an acknowledgment on 2nd May saying they are defending all the of claim. I then received a letter from HSBC on the 8th May suggesting final settlement of this claim for £2757.00 its got the usual sentences like "in circumstances where you would like us to make a payment from your account that would allow you to go over an agreed overdraft limit a fee is payable for this service etc etc. It also states these fees are in there terms and conditions. Also that if it went to court that they would sucessfully resist any legal challange in realtion to these fees. ( if this is the case why make an offer).

 

I really dont know if i should take the next step and write to them and decline there offer or should i accept this payment. Any ideas of what to write if so any templates available?

 

Also on the acknowledgment of court they have a solicitors address does that mean they really will go to court?. Im alittle scared that if i do tell them i want all the money owed they will take me to court and i wont get a penny!

 

Help!

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Guest peed orf

Hi Gibby, You really need to start a thread in the HSBC section of the site, so's people who have already dealt with them can assist you. However, they're just trying it on, it's highly unlikly they'll go to Court.

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Hi, gibbon666.

 

Have a look in the Bank Templates Library.......Rejecting Offers. You should find what you'r looking for there.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi Scott,

 

I have sent Template letter 5 stating that i am not accepting there offer and my court claim will continue. I hope i get all my money back and i have not made a mistake.

 

Thanks for your response.

Kim

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Best wishes Kim, I think you've done the right thing. Hopefully you'll get your cash soon.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 weeks later...

Hello,

I have recently claimed back bank charges twice for me and also helped friends. All of which have been successful. However someone has asked me something new as always am im not sure i know the answer so wondered if anyone would.

 

He is recently claiming back £4000.00 bank charges from HSBC they have until tomorrow to file a defence.

 

But he also had a joint account with HSBC with someone he is no longer with but closed the account 2 years ago.

 

Can he still claim for the joint account or is it because its been closed 2 years to late? does he need the signature of the person who shared the account with him?

 

Your knowledge would be appreciated.

 

Thanks

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Hi,

 

I had a joint account with an ex girlfriend with Halifax. The account was closed when we split up but I still managed to reclaim the charges no problem.

 

All their letters came addressed to both of us but came to me. When they paid out they paid the money into my personal halifax account and didin't mention the other account holder at all.

 

I was worried before that I would have problems as some people seem to have been fobbed off by them asking both people to sign agreements or saying that you could only reclaim half the charges or something stupid like that.

 

Be persistent don't let them get away with any delaying tactics and you should be fine.

 

If it gets to the MCOL stage as most of them do now then you will be the sole claimant so they will have to settle with you.

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Thats good news thank you!

 

What about the fact that the account has been closed for 2 years now can i still claim??

 

Thanks

 

Kim

 

And would it be 6 years from 2007 back or from 2005 - back as thats when it was closed????

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It doesn't make a difference if the account has been closed. You can still claim.

 

The standard 6 year period I believe goes from the date they receive your SAR request at least thats what I've been led to believe from here.

 

A lot of people now are claiming back beyond 6 years (if they have the data) and the argument is that the bank has known that the charges are unfair (i.e. because they havent proved otherwise) for a long time now since before the CAG was formed in early 2006 and so the limitation act should not apply. And it was that act that limits the period to 6 years.

 

Many people have successfully claimed back more than 6 years, but the banks will only send you details for the last 6 years and claim to have destroyed any data older than this.

 

Thats always when you wish you didnt throw away all your old statements!!

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Hello,

 

Filed my court issue and HSBC filed a defence. I have now got a court hearing date for the 25th July. Im so scared !:sad:

 

Is there anything i can do extra to make sure i win my claim!

 

As anybody else done this with HSBC

 

Thanks

Kim

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Yes - stay calm, and understand that they will not attend to defend their unlawful penalties.

 

In the meantime you can ensure that HSBC/DG, and also the court, have all relevant information. This consists of:

  • Particularised schedule of charges (a printout of your spreadsheet)
  • All relevant communications between you and the bank (prelim, LBA, offers of partial settlement and response etc)
  • A copy of the Ts&Cs
  • Copies of case law you are relying on (UTCCR, OFT statements etc)

The bank will not defend in court...you will get your money.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hello,

 

I have printed all copies of now of all relevant correspondance and sending them to the court and solisitors and HSBC. The only problem is when i first done the letter the amount was for £2600.00 and then i realise i missed some of and it ended up being £3100.00. So my 1st letters are claiming back £2600.00 but when i filed my court claim it was for £3100.00.

 

My question is when i send my copies to the court shall i put a brief description of why this amount has changed?? or does it not matter. I actually have left them letters out i just put in my detailed list of charges and my refusing there settlement letter. Will this be ok or am i cheating so to speak??

 

I also have to pay a fee of £100.00 is this correct apparently its an allocation fee!

 

Also where do i find the OFT statement to print and send to the court etc??

 

Sorry lots of questions please help!

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