Cash-Back -v- HSBC

[Cash-Back]

1. Have written to HSBC (20/3/06) asking for 6 years' details of charges.

2. Cheque returned as 'not needed'...to provide the info you request.

3. 40 days came and went.

4. Sent 2nd letter ' further 14 days'....

Still no response...........

 

What nest ??

 

Advice/info needed

 

Thanks

[Cash-Back]

oops...2nd letter said 7 days........and 'nest should read 'next'

[freakyleaky]

You will need to send them a non compliance letter. I will ahve a look for the templates and post them here for you in a mo. You have given them loads of time already so stick to your timescales from now on.

Welcome to the forum and good luck.

Stick to the advice you get from this site and you won't go wrong. Read as many threads as you can and be prepared. If you need any help just ask and you will get an answer.

[Cash-Back]

Thanks for the ever so quick reply ... much appreciated

[freakyleaky]

No problem! Have a good read of this thread!

Data Protection Act - Non-Compliance - Template Letters

Just shout if you need more help!

[lateralus]

and also, they are inundated with peeps asking for their statements - we've seen some results with a friendly call in at your local branch and asking politely about them.....try it, if you can

[Cash-Back]

I rang HSBC today - got a call centre - said that the request for 6 years statements had not yet been posted....wtf ??.......but would ensure it was now done.

Guess I'll give it 7 days to see what happens.

HSBC seem to be in flagrant breach of the rules.

[freakyleaky]

I really do think it is because they are so busy with the claims. We didn't see much of this happening 6 months ago as far as I can see. I am not defending them but I think you did the right thing in ringing them. If you get no joy after another 7 days then send the non compliance letter.

[Guest ChloeJane]

Hi Cash - Back,

 

Yes it appears that they are.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html#post811212

 

The above link has tips and information about the SAR.

 

My thoughts are that I would write to the bank - with the non compliance letter.

 

Add to it - under the section here -

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

** Due to your failure to provide the information as requested, please take note that I will be starting my date of claim from the **(40 days when time was up) when the information arrives.

I will defend this stand in court should it come to this as your breach of the Data protection Act is clear and I have to date taken no further action.**

 

Then continue with the rest of the letter.

 

This informs them that you will not be penalised for the ability to not claim charges back due to their failure to comply with the law.

 

All the best

 

CJ x

[Cash-Back]

Thanks for that freakyleaky and CJ (X)

[Cash-Back]

Just to clarify - the 2nd letter I sent was a LBA - on 27/4/07 _ hand delivered a copy to the Branch and also faxed it to them - and also faxed to Colin Langdale in Leeds.

On 14/5/07 I rang the Bank on 08457 404404 - it seemed to be their call centre.

After the security questions, I was informed that my request for charges info/statements had "not been processed - but we will ensure that it now is"

Has anyone else come across this - as it is now over 8 weeks since my original request to the Branch was acknowledged.

Any suggestions on how to gee them up ?

Thanks

[Cash-Back]

Just wondering - was it ok to fax to Colin Langdale ?

Or should I posted via recorded delivery ?

[lateralus]

very few peeps get even an offer before they file their claim - you could write again - but best advice is to go ahead and file your claim - if you can't afford to do it right now - then by all means - go ahead and write again if you like.

 

i think recorded delivery is always preferable as you can prove they got it.

[Cash-Back]

thanks lateralus - problem is that I'm still waiting for the statements (see above) - so can't file a claim till I get them as can't identify the charges

[lateralus]

ooooh, i'm running around like the perverbial headless chicken today - sorry - i missed that -

i did say - above a polite call-in at the branch - did you try that? face to face - and tell them - very nicely, that you've asked for your statements, and waited and waited - and were wondering if they might help in any way (they could actually do them then and there if the wanted to - or push the peeps doing it into action) the key is calm and friendly - aggressive gets you nowhere in this situation.

on-line banking doesn't help you?

[Guest ChloeJane]

Cash - Back,

 

We have discussed this at length and with the Bank obviously not taking the request seriously, I stated it was best to now go to court and file on the N1.

 

Obviously this is a path you do not wish to take, so you can try emailing them and calling till they process the request.

 

Each time I would get someones name and record the date and time - then you will have kept a log and justify your claim if it goes back over 6 years for their time delay.

 

CJ

[Cash-Back]

A couple of simple questions that might help me - and others:

1. Why pay £10 for your statements, do all the letters etc. when you can get statements for free via HSBC internet banking ?

2. Are we able to claim account interest charges back?

[lateralus]

if you can get them all through the internet - no need to send the sar.

 

that's a lot longer answer - let me start with this:

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

 

 

 

so, if you understood that - then give it a go.

you MUST NOT just a

[lateralus]

if you can get them all through the internet - no need to send the S.A.R - (Subject Access Request).

 

that's a lot longer answer - let me start with this:

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

 

 

 

so, if you understood that - then give it a go.

you MUST NOT just add on the o/d interest - you must use the advanced s/s to calculate it. it isn't difficult - it's just more involved.

you put charges on the left and interest debits on the right side.

depending on your balance at the time of the interest debit - the s/s will pick up some, all or none of each debit of interest. you end up with a running total.

and a total for charge + overdraft interest = what you are claiming for.

 

if you've a little s/s background - that should do you.

if not - get back and i have a more simplified explanation.

so, don't just add them onto the list of charges, use the advanced s/s if trying to see the o/d interest amount, get back if you don't understand

although if you havent' understood any of this post - probably best to leave out the interest debits all together. just go for the other charges.

 

 

 

sorry, sloppy fingers this a.m. - second post is complete - first isn't.

[Cash-Back]

mortgage arrangement fees from HSBC - are people reclaiming these too ?

[Cash-Back]

Wondered if anyone had successfully claimed back mortgage arrangement fees ?

[lateralus]

try here:alanfromderby v Bristol & West ** OPERATION REVENGE 2007 **

[Cash-Back]

Thanks lateralis.......right on the ball

[Cash-Back]

Preliminary approach for repayment letter in the library - is it possible to download this for editing, or do you need to print it off and then re-type it ?

[Castlebest]

Hiya Cash, you should be able to download any of the library templates and then edit them to your particular case.

 

pete