Jordan v HSBC - **WON**

[Jordan]

anyone ?!

 

i'm probably going to have to make a decision tonight about this, so any opinions are really welcome ! i'm really not sure whether to persue this or not ..

[maverik1979]

it is a tough one is this, i have filed my mcol about 8 days ago, so i really have my fingers crossed that if the cases are all to be stayed, then i just miss that, how much difference is there between the 90% and the 100%? in your claim?

[Jordan]

Thanks for the reply Maverik - My total claim was for £1444 and they offered £1300, the deadline for my LBA is on the 4th July and I've already (before I saw that thread) sent a thanks, but no thanks response to the bank (although I'm thinking I'd be alright to retract that and accept the payment as settlement)

 

I'd really like the full amount to be honest, but I'm wondering whether it's worth it if its going to be prosponed pending the judgement of that test case .. :S

[maverik1979]

well this is the problem. however i must stress that this is only one person, and their circumstances are unusual in that they havent had any communication with their financial institution, and have tried to have a default judgement put in place, therefore the court has had to do some investigating, not only that, but they didnt use BAG standard practice , they heve used the information from another forum , which may have led to this problem, i am only summising, but i am hopefull that as most of our cases never even get to the court allocation stage, we should be allright

[Jordan]

I'll wait until the 5th and see .. HSBC may have gotten in touch by then (hmm!)

 

I wasnt aware of those details actually, I can see why the judge would prospone that particular case but it'd be good to know whether all new cases are getting the same treatment. I'll find out soon enough I suppose !

[Jordan]

I have decided to send the following to HSBC via email to see if it get's me any further:

 

*FAO: *

 

Mr. Colin Langdale

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

LS11 OPP

 

*

*

 

*ACCOUNT NUMBER: *********

 

*SORT CODE: *******

 

Ref: ***********

*

 

 

Dear Mr. Langdale,

 

I am writing to you with regard to the letter I received from you on the 28th of June 2006. In this correspondence an offer of £1300 of my claim for £1444.75 for charges levied against me from the dates 23^rd February 2001 to 2^nd May 2006 was made.

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.

 

I would respectfully ask that the full amount be refunded to my account, I have every intention of taking this case to court, where I am confident these charges cannot be justified. Surely, it would be better to settle now, rather than waiting until the case proceeds to court, increasing the cost to HSBC and its shareholders.

 

I ask you to use common sense in your decision.

 

As a gesture of goodwill, I will extend my timetable by two working days, If you do not comply, within this timetable, I will begin court proceedings without any further notice.

 

Yours faithfully,

[maverik1979]

I have decided to send the following to HSBC via email to see if it get's me any further:

 

*FAO: *

 

Mr. Colin Langdale

Senior Service Quality Officer

Arlington Business Centre,

Milshaw Park Lane,

Leeds

LS11 OPP

 

*

*

 

*ACCOUNT NUMBER: *********

 

*SORT CODE: *******

 

Ref: ***********

*

 

 

Dear Mr. Langdale,

 

I am writing to you with regard to the letter I received from you on the 28th of June 2006. In this correspondence an offer of £1300 of my claim for £1444.75 for charges levied against me from the dates 23^rd February 2001 to 2^nd May 2006 was made.

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.

 

I would respectfully ask that the full amount be refunded to my account, I have every intention of taking this case to court, where I am confident these charges cannot be justified. Surely, it would be better to settle now, rather than waiting until the case proceeds to court, increasing the cost to HSBC and its shareholders.

 

I ask you to use common sense in your decision. leave this out as its antagonising

 

As a gesture of goodwill, I will extend my timetable by two not very long is it?, how about 5 days? working days, If you do not comply, within this timetable, I will begin court proceedings without any further notice.

 

Yours faithfully,

you should probably say aswell that you are willing to accept their offer as part payment only and that you will pursue the bank for the remainder in court if necessary

[Seminole]

I'll wait until the 5th and see .. HSBC may have gotten in touch by then (hmm!)

 

I wasnt aware of those details actually, I can see why the judge would prospone that particular case but it'd be good to know whether all new cases are getting the same treatment. I'll find out soon enough I suppose !

 

At this stage there is absolutely no reason to suppose that cases will be stayed generally. We have heard of no further cases since last Friday and, given the volumes going through the process at the moment. it's looking less likely.

[Jordan]

At this stage there is absolutely no reason to suppose that cases will be stayed generally. We have heard of no further cases since last Friday and, given the volumes going through the process at the moment. it's looking less likely.

 

Thanks for that Seminole, it was a thought thats all ... It'd have been typical

 

Maverik - Thanks for the reply also, I'd already sent the email off to their customer care address before you'd had a look, to be honest I'm expecting a flat refusal from HSBC anyhow, so the wording of the email probably doesn't matter much!

 

I had the standard ' Thank you for contacting us .... We are looking into it ' response from them this morning .... Fingers crossed that they'll make an offer before the MCOL stage, which I've decided to file on the 5/6th.

 

Anyhow ! Thanks for the replies, on we go !

[Jordan]

There was another letter waiting for me when I got home from work today .. Pretty much the same as the previous letter from HSBC, only offering the FULL amount,with no conditions.

 

fantastic:D ... and I didn't even have to file on MCOL !!

 

Thank you for all the help, this is a really great website .. Keep up the good work ! I'll hang around and offer what encouragement I can, naturally I'll be making a donation as soon as the funds arrive in my account.

 

Cheers everyone !

[barracad]

That is great news!

 

Congratulations!!

 

Please complete our bank charges survey.

[LivingForever]

There was another letter waiting for me when I got home from work today .. Pretty much the same as the previous letter from HSBC, only offering the FULL amount,with no conditions.

 

fantastic:D ... and I didn't even have to file on MCOL !!

 

Thank you for all the help, this is a really great website .. Keep up the good work ! I'll hang around and offer what encouragement I can, naturally I'll be making a donation as soon as the funds arrive in my account.

 

Cheers everyone !

 

Great news!

 

I had the same letter last Thursday (just before I was due to file) and immediately faxed it back and then also sent it recorded delivery, however so far there's no sign of any money.

 

Thinking of ringing them up now actually to ask where it is!

 

So don't get too excited until it's actually in your account!

 

James

[Jordan]

Hmmm ! In my covering letter I stipulated the case would be dropped only if the money reached my account in 7 working days (their timetable on the letter)

 

HSBC - Free HD-TV with every account

[maverik1979]

 

HSBC - Free HD-TV with every account

 

rofl, how did you know?, im gonna get one now i've won my case

[david.m]

dont forget to ask for the discount for paying cash 8)

id be looking at IPTV too something better than the slingshot, but IPTV HD doesnt seem to be around in the UK yet.

 

i wonder if that

"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. "

 

was the part that made them offer, after all, i'd not assume that even the people opening the letters are aware or understand all of the law and so, on off the top of their heads, perhaps the fact you mentioned the contract and are useing it to your advantage instead of theirs, took them by suprise perhaps, whatever the case , it would be interesting to find out.