Hsbc Total Charges

[plastickpaddy]

Hi, hopefully someone can help me. I have started proceedings against HSBC for charges against my business account. They have registered a defence and am awaiting the next step. HSBC have never provided me with a breakdown of Total Charges, despite having asked for this. The solicitors are saying that it is not their client's responsibility to provide me with a breakdown of my claim. Where do I stand with this claim, being unable to provide a breakdown of total charges, and having commenced action?

Thanks

[Castlebest]

Hiya Paddy, as long as you have a schedule showing each individual charge its date and the discription HSBC used on your statement you can go no further you have provided all the information you have.

Its not up to you to tell HSBC what they have charged for all you are doing is listing their charges.

 

pete

[lateralus]

don't know if anything here helps at all - Business Claims - basic guide

[plastickpaddy]

Thanks to both of you. So is it ok to list "total charge" as a charge description on the schedule? I ask this because trawling through the forums I have read that in relation to business accounts, some of the individual charges contained in total charges are lawful, but HSBC has not broken them down. My claim has been transferred from MCOL to my local court.

[plastickpaddy]

Hi, I have received a notice of directions hearing with a date in early July. (Stating that 15minutes has been allowed for the hearing). This is the first correspondance from my local court, after having it transferred from MCOL. I have never had to complete an AQ. Is this new? My problem is that the date allocated falls smack in the middle of my 2 week holiday, which I can't/will not disturb. Should I ask the court for an adjournment or risk them making an offer?

[jowalshy]

There is a section on the AQ where you can fill in dates when you will not be available to attend

 

Section F - Hearing

Quote:

Are there any days within the next four months when you, an expert or a witness will

not be able to attend court for the hearing?

Unless you know of specific date that you cannot attend court (holidays etc) then TICK NO.

[plastickpaddy]

Thanks Jolwashy, only one of my points is that a AQ was never asked for........I had one of the notices of transfer of proceedings that did away with this?????

[jowalshy]

So no AQ then. Have you phoned the court to explain to them that you will not be available on that particular day? If you haven't, do it and see what they can do for you.

[plastickpaddy]

Jowalshy, thanks for replying. Only got the letter today, will phone them on Tuesday. I just wondered if this is a new tactic, and what would happen at that particular hearing. Having read through some of the threads, i was kind of hoping/wondering if DG would make an ofer prior to this directions hearing, or if indeed they would attend??????

 

Thanks for assisting me

[jowalshy]

I got a prelim hearing date for 25th July. I had no AQ either. I am hoping that DG will settle before this. have you done any nudging letters to DG. If you haven't, send a polite nudge every 10 days or so. Here is a copy of mine (beautifully transcribed by Lattie)

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

(Date)

 

Re: xxxxxxxxxx - v - HSBC

account no: xxxxxxxxx

claim no: xxxxxxxxxxx, Filing date:xx xx xx.

 

It has come to my attention that as of xx April 2007 the filing of an allocated questionnaire may not be required in this case.

 

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am willing to accept the sum of £xxxx.xx in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

I look forward to hearing from you soon.

With kind regards,

Yours sincerely,

 

 

I just rounded the amount down to the nearest pound.

[plastickpaddy]

Cheers Jowalshy, yes I sent a similar letter on 22nd May, will be sending another in a few more days. I didn't update my total interest though, didn't know you could. I just sent a copy of my initial schedule. (I have to list total charges as HSBC have never sent me a breakdown of charges. Hace you had to pay the £100 fee to the local court...I have not been asked to??

[jowalshy]

I wasn't asked for the £100 from the courts either.

[lateralus]

that would be another point to check when you ring them, whether the allocation fee will be payable.

 

this may give you some info:GOT A COURT DATE? A guide to the later stages

 

and both my aq threads have ideas for nudge letters - post 1 on both and yes, it would be a good idea to keep nudging in the hope that they would deal with your claim before any court date.

 

check out these threads to see if they help with the total charges stuff:HSBC Business account total charges

Business charges

 

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[plastickpaddy]

Went into the bank today, and was told they can't print off six years worth of breakdown of charges, insisting that I should already have them with my statements!!! Celicaman, thanks for your advice on the other thread. Do you think that the court may discontinue it if I haven't got this breakdown, or the would the fact that the bank is refusing to give them help my case? Now that i have started proceedings, can i send the bank another letter re obtaining these breakdowns?

[lateralus]

couple of ideas off the top of my head - an accountant? anyone else would have c opies of your statements and the breakdown of charges?

tax people? ok - you go to one branch and get 1-2 years worth, another branch and do the same and then again another one? they said they can't print off six years worth of breakdown charges - what can they give you - take that and try another branch. might work!

 

now, you sent a letter in the first place asking for them? yes or no - if you asked and they didn't send the bit you need - then use the letter here - get the right one...Data Protection Act - Non-Compliance - Template Letters. if you never sent the original letter - send it asap and put in big letter that you want the breakdown of charges pertaining to those statements.1. Data Protection Act, Subject Access Request letter - List of charges(6 Viewing)

 

do you have any at all - i'm thinking if you can take one month and look at your fees for running costs ....

this is from business claims guide:

 

Requesting your transactional history

As a business you, or your accountant, should already have access to all your statements. However things happen so if you do need to submit a request for the information from your bank the following should guide you.

 

Sole Trader/Partnership – The Data Protection Act applies in the same way as for a personal account.

 

Ltd Company – Unfortunately, the right of subject access under the Data Protection Act 1998 only concerns personal data, so you won't be able to use the S.A.R - (Subject Access Request). There are no statutory provisions for right of access to business data..

 

and this:

 

CHARGES YOU CAN CLAIM

You can reclaim charges added to your account for a breach of contract, such a cheque referral, unpaid direct debits. You can't claim for standard business fees for running the account/fee for a particular service.

 

 

....so im thinking just one month (one year would be better- but whatever you can get) see how much the standard business fees for running the account, etc. are and subtract that from the charges for each month and claim the rest.

 

that's about the end of my ideas - anything sound good?

[Celicaman]

Went into the bank today, and was told they can't print off six years worth of breakdown of charges, insisting that I should already have them with my statements!!! Celicaman, thanks for your advice on the other thread. Do you think that the court may discontinue it if I haven't got this breakdown, or the would the fact that the bank is refusing to give them help my case? Now that i have started proceedings, can i send the bank another letter re obtaining these breakdowns?

 

Hi PP

 

I still dont understand how the bank have not picked up on it yet, im sure they will at some time, so you need to get the summary sorted and amend your claim.

Been looking round see what i could find on SARS, even bankfodders template says 'if you cannot supply a breakdown of charges,then a copy of statements will do'. So not much help.

I noted from Chargebacks post he got his summary of charges by standing his ground.

 

Quote from Chargebacks thread

 

'Went into bank to ask why they are witholding this information with me and I informed them I had made every effort to get this breakdown of charges and that I believed they were purposely witholding the information, it had been 30 days since my original request and I had copies of all communication, end resullt was the mysterious total charge breakdowns appeared on their screens, am returning in the morning as they are supposed to make copies for me by then.'

 

I Think he had already sent in a SARs request, so slightly different, but if you read up on SARs enough to quote a few lines about them breaking the law if they dont supply them and say you will report them, they may well cave in and give them to you.

I will have bit more look around and hope somebody else with more info may help as well

 

CM

[Celicaman]

Oops and lattie has already done that, should have noticed the feather

[plastickpaddy]

Thanks very much Celicaman and Lattie, I will re-attend the bank again and insist, quoting the Data Protection Act. See if that works?!

[lateralus]

assertive, never aggressive and alway polite!

 

those are my play rules!

[Celicaman]

Thanks very much Celicaman and Lattie, I will re-attend the bank again and insist, quoting the Data Protection Act. See if that works?!

 

Just wondering how things are going

 

CM

[poker_mad]

I have also started a claim for a business account. When all the statements arrived without the extra pre notification sheet I wrote back to the address which the statements came from and requested them under the SAR, they arrived within a week.

[plastickpaddy]

Hi, sorry about the delay in responding. I have been to my local branch twice, to be told initially that I should have a breakdown of charges already, and then that as the account is closed, that they were unable to print off in store.......I have today sent a letter to DG and to HSBC in Canada Square quoting SAR. I have sent a letter to the court requesting an adjournment as I am out of the country. Updates to follow.... Thanks to all those showing an interest, it does help.

[plastickpaddy]

Hi, an update on my case.......I need some more help please!!

Today I received a breakdown of charges!!!!!!!! or at least I think so. I still can't work out what I can claim for. An example of what I received as follows:

 

Commission accrued from 02MAR2001 TO 31MAY2001

Debit int accrued from 02MAR2001 to 31MAY2001

 

Activity commission £79.92

Account fees 0.00

Overdraft fees £24.00

---------------

 

Total commission £103.92

Debit interest 90.97

 

I have never previously claimed for the interest, but what does the Activity commission mean? Can I claim this as well as the overdraft fees?

 

Please help, I have managed to get my case adjourned for a couple of weeks!

[plastickpaddy]

Hi, can anyone help me with my last post???? Please??

[Celicaman]

Hi, an update on my case.......I need some more help please!!

Today I received a breakdown of charges!!!!!!!! or at least I think so. I still can't work out what I can claim for. An example of what I received as follows:

 

Commission accrued from 02MAR2001 TO 31MAY2001

Debit int accrued from 02MAR2001 to 31MAY2001

 

Activity commission £79.92

Account fees 0.00

Overdraft fees £24.00

---------------

 

Total commission £103.92

Debit interest 90.97

 

I have never previously claimed for the interest, but what does the Activity commission mean? Can I claim this as well as the overdraft fees?

 

Please help, I have managed to get my case adjourned for a couple of weeks!

 

Hi paddy, didnt see this post

Ok, lets have a looky see.

Ok, Overdraft commision is the charges administered per item IE cheque,SO DD and items paid in, so prob works out at 60 p cheque. 60p SO, DD & 35p credited items, soon adds up.

These are what you can not claim back. This is a business account isnt it, so you get charges for items like that.

 

So the £79.92, you cant claim back

 

Overdraft fees, they are what you can claim back so £24.00

 

Debit interest: Part of this you can claim back. THis is how much interest you are paying for being overdrawn.

Part of this is interest that has been charged against the unlawfull charges IE in this case the £24.00 so the interest on £24.00 since 2001 is £ ? well im not that good LOL.

 

Need to use Mindzias spreadsheet to work it out. Have you got your statements as well for the same time period ?

 

Ok this is a sinch now. I will have to read back & see what the hell we are doing LOL

 

 

CM