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HSBC claim but I called them instead of DPA letter also GAMBLING problem


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hi everyone

 

First question.......I called them instead of writing a DPA letter, I only mentioned bank charges, should I write as well in case the charges were not automated, as I don't think they were

 

I'll be totally honest with you guys and I do not want ot offend anyone, I know they are well out of order, they have been too me but on quite a few occassions they have not applied charges........

 

sorry for the following essay

 

I've had a gambling problem since 2001 when I discovered roulette on-line, I won 16 grand in 24 hours and tried to withdraw the money but they would only let me take out 2000 every 24 hours, I took out the first 2000 out, spent the next day spending the 14k, and then spent the next 5 years trying to win back what I'd won and lost. I'm 30 years old now and have been clean for 20 weeks, I've been going to GA, they are a great lot there.

 

Ok, before I started gambling my finances were always in order, I never went over my overdraft limit, I had three credit cards and always swapped them round to get the free interest, at least one of the cards was always completely clear.

 

When I started gambling it took about a year to loose everything and run up debts, I abused my bank account however not too badly.........what really ****ed me off was when I started my 2nd year at UNI and they refused to increase my overdraft limit to 2000, which was part of the agreement.......it wasn't long before I could see no way out and I could not afford to let my account get closed. I contacted HSBC and set up a manage loan. They took away my mastercard and switch and gave me a sola. On several occassions they charged me £30 for a return of direct debit, but it was there money, the manage loan, that really got to me. I issued a number of cheques with the guarantee number on the back which got refused and I was charged. The cheques were for £100, so do you thing I would stand a chance of getting that back as they £30 is less than the £100 pounds.........

 

Even still, I'm going to try and get some of this money back, they have taken at least £3000 from me, I've been a customer since the age of 15, and HSBC just don't care its a drop in the ocean to them.........

 

But my first query regarding the DPA request, I think I should also send a letter requesting the charges and if they were looked at manually, if they were looked at manually surely the bank are in the right and I ain't got a leg to stand on.

 

Like I said they could have been a lot worse, so I hate them but not as much as some of you guys, do you think maybe it was because it was a student account. That 3000 would really come in handy now as I still owe family money from all the Gambling.

 

Take care everyone and keep up the good work...If I get a result I will pay £100 donation and will also buy a e-mail account.

 

G

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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BTW i have just opened a 2nd account with Lloyds, who I think are ruthless compared to HSBC, but my gambling has stopped :) so I'm sure it will be kept in order. HSBC haven't shown me much loyalty so I will switch if they close my account and givbe me a refund. These days there is no loyalty, its not like that anymore, I think they were great when they were Midland, I never had any problems at all, even knew the names of the staff in the bank, what happened to them :confused:

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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Hi,

 

Yes, you should write with your DPA request. Send it Special Delivery or Recorded Delivery so you can prove they received it. That way, if they fail to provide the requested information you can make a formal complaint to the information commissioner.

 

With regards to your charges - yes, you can claim back the £30 charges that were applied. It doesn't matter of the cheques you wrote were for £100 or £1 million, unless it cost the bank £30 to refuse the payment then they aren't entitled to claim it.

 

Have a read through the FAQ's and the step by step guide. There are letter templates in there too. Once you've read through these sections have a read through the forums and then come back to us with any questions you may have.

 

Finally, sorry to hear of your gambling addiction and pleased to hear of your strength over the last five or six months - it takes courage to stand up and tell all. It takes even more courage to have remained clean for 20 weeks so well done. I hope it's getting easier for you. My vice is cigarettes - about 30 a day. It's an addiction, just like a gambling addiction, alcohol addiction or heroin addiction but for some reason is more socially acceptable (it's disgusting but I enjoy it too much and have no intention of packing in in the near future). Most people turn their noses up at addicts of so called socially unacceptable activities, perhaps thinking they're no good for society when in fact, if society took the time to understand how these things happen and to assist people with addictions a little more then it may make it easier for people to get over their addictions and help prevent others becoming addicts too.

 

Good luck. Stick around and keep us updated with how your claim progresses.

 

OC

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Yes, you should write with your DPA request. Send it Special Delivery or Recorded Delivery so you can prove they received it.

 

A letter will be deemed served 2 days after you post it as long as you have kept a dated copy this would be enough proof you have sent it.If for your own peace of mind you want proof then you can obtain a certificate of posting free of charge from the P.O.. The cost of sending a special delivery letter , what £3 /£4 for each letter soon mounts up and is just a waste of money.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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thanks for the kind words overcharged_consumer

 

the gambling really caught me offguard, to be totally honest I've been gambling since the age of 14, when I first hit the casino's in South Africa with my Uncle.......That was my first big win, £600 pounds which was a lot of money to me back then.....When I got back to the UK (only a short 3 week holiday) I didn't even think about going gambling, but did have the old flutter now and again, I could walk away losing all winning....But on-line roulette and the roulette machines in the betting shops grabbed hold of me in a way I could never imagine......I suppose it was an accident waiting to happen, but I reached rock bottom, lied to family which is the hard part, as I have to live with that everyday of my life, for which I do take full responsibility for......My parents are from a different era they don't really understand the problem and why the bloody hell should they, they did a fine job of bringing me up, could not have asked for more from my Father, amazing person.

 

The bad part is I'd love to have a bet right now, but I'm just too scared.....In fact I'm very scared I just got a new job and it takes less than 60 seconds to get to the betting shop,..........So with the help of GA I'm battling this out, as with alcoholics, I cannot have just the one bet, not even on the lottery.

 

Regarding HSBC, its going to be very interesting to see how much they have (edit) from me, in fact I'd say my hatred towards them does run deeper then how I first described my feelings towards them.....They even treat there staff like ****, they now have these machines in my local branch to pay in money, bills etc, they must have cost upwards of 50 grand, why? They could have given that money to the staff as a yearly bonus. They also rang me up from the Philipines demanding I pay back my unauthorised balance of £95 pounds.......I **** flipped :mad: , £80 of that were charges..........And all this outsourcing, at the expense of the customer.......No **** to them,, I want my money back they can close my account for all I care.....Once I get the amount back I'll report back.

 

Thanks again everyone, if there's anything I can do please let me know

 

[MODERATED: Libelous and offensive comments removed]

 

Good Luck with any claims that someone of you are processing.

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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BTW for what its worth I do think its worth sending everything my special/recorded delivery, your right it does soon add up but I feel it looks like you mean buisness and if it does go to court in can be very usefull if they deny receipt, I know it adds up but perhaps costs can be passed on.........

 

*************Common people, lets take these money-grabbing opportunistic ******* to the cleaners**************

 

[MODERATED: Please mind your language]

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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I had a mega win on the horses before I was even old enough to gamble. OK, so it wasn't like your roulette win but it was just over £1,000 which, to a 17 year old earning £3 per hour was a lot of money for free. I took my money and ran. Haven't put a pound on since. I was scared of going back to put money on in case I became addicted. It's strange. I could resist that but can't resist cigarettes.

 

Tried all sort of ways of giving up but always fail. Primarily because I enjoy it and don't want to give up I guess. That's where you're succeeding - you WANT to resist. You WANT to give up. You can do it and the fact that you're resisting the betting shop a minute from work is brilliant and shows just how strong you are. Keep at it.

 

OC

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  • 5 weeks later...

HSBC have failed to send me details of the charges applied over the last 6 yeras, its been over 30 days, I will send a letter with the money to them on Monday, I know for a fact that they will not get back to me within 40 days, tomorrow I will go the the library and print out a letter, I will use the template, which I have yet to look at.

 

I will send this by recorded delivery. I was called on 06/06/06 (I know) and was assurred the information would be with me by 10 working days. I'm quite happy they haven't sent it.

 

I will of course keep everyone updated, my family has been banking with them for over half a century, what a way to treat someone, disgusting, totally.

 

thanks everyone, I'll post back once the letter has been sent by recorded delivery, can I get any extra money for stress and DPA breach, should I go to the doctor and get a note.

 

Regards

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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good luck , and no you cant get any extra, sorry

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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yes I know I should have written but as all the information was unfolding via trevor macdonald's london tonight.....I was on hold trying to get through to HSBC. When I did I demanded the info there and then....I tried logging on here that night but I think the server was too overloaded...............

 

Can anyone help with the following question.......

 

At the end of the day, we had a verbal agreement, I rang them on Monday and requested the information - they were very prompt and rang me back the next day and left a message, I rang them back on Wednesday they said no problem at all and that £10 would be debited from my account.

 

My question peeps, I have now read the first letter that I need to send along with the £10.

 

I would like to add a few of my own words at the start of the letter, it will read something like this -

 

I rang yourselves on x/x/x requesting a list of all bank charges applied to my account over the last 6 years. You responded very promptly within 24 hours and I rang back the following day on x/x/x. I was advised by a very polite lady that you would send me the requested information within 10 working days and that £10 would be debited from my account.

 

Naturally, I am very, very dissappointed that you have failed to send the information as agreed, its now been well over 30 days. Whats even more dissappointing is that you managed to emply someone in the phillipines to hassle me for a £100 debt, of which £80 were charges applied by none other than HSBC. I have been banking with you for over 10 years and have recommended many friends and family to bank with you. I feel like a right prat now since you have had some bad press recently, inc details of a strike by your members over conditions and pay. So it appears not only do you treat your customers badly, you treat your staff poorly, yet you make billions every year, am I missing something here, what is going on with you organisation. I lost a good friend because of my poorly judged referal, you treated her really badly, she was a foreign student and she had to fly back home because of the situation you created for her.

 

what do you think peeps, is that ok to adjust the letter slighty, not even adjust just adding a few of my own words at the start of the letter.

 

I will of course simply now just copy and past the text from the template kindly set up in the relevant forum, and will send them the £10 - however I will also request them to send me a recording of my conversations with them on the day I requested the info and the day I rang them back. That way I have evidence to give at court, that way if they try saying that I did not follow the correct procedure, I can then play the CD rom on my labtop which I will take with to court, and will claim they should have advised me of the correct procedure and that they mislead me on purpose.

 

Also what do I do regarding giving them 40 days, because even though i did not follow the correct procedure they did make a verbal agreement, of which as already stated, I will request a recording of that call.

 

What do you think Ladies and Gentleman, would that be ok, to add a few of my own sentences.

 

Thanks

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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maverick1979 - thanks for the advice best to stick the the matter in hand and get back the money that was taken from me. BTW major respect for your 479 posts, not only did you get your money back but you have stayed an active member and helped many other's, good to know there are still decent people about, once I get myself round the legal procedure, I'd like to contribute some help, I still going to GA and just started a new job so its all kicking off at the moment for me, very little spart time.

 

thanks m8

I_feel_cheated

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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theres nothing wrong with putting your own spin on it, but im afraid that they probably wont even read it properly ,also whilst its very good you're thinking up your court defence, again you probably wont get your time to shine, as they havent actually taken anyone to court yet

 

regarding your Data Protection Act request, i know its a pain , but best to start from scratch and follow protocol, so a new 40 days

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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thanks Maverick for the info, very helpfull thanks.

 

BTW I'm not saying anything just yet, but I have an idea I think is legal, and would require each of us to invest some time in........

 

BTW anyone reading this, please take the time and check out spiceskull's thread, this guy is one person you would not want on your case - major respect.

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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sorry just one more thing, I hear what you are saying and will follow the suggested path thus allowing them 40 days, however is it something I can report to the relevant body (haven't checked out who yet but I'll find that out)

 

I notice that a lot of information is already in place its just taking the time to find it, regarding the procedure ppl should really take the time to read the FAQ.....however considering it's for a pretty damm good cause, if anyone asks questions that is clearly stated, I for one will have no quarms pointing them in the right direction, because like i said, its a bloody cause.

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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bloody good cause sorry typo error, getting all carried away

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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Yes you can report them to the Information Commisioner for non compliance of the DPA but i dont know if you can do that when you request the information by phone.

 

Best of luck . everyone will always be behind you and wish i had your courage to stop gambling. This is what got me into 30k worth of debt myself but at least i have managed to claim almost 15k back in charges to help pay around half of the debt currently around my families head. I have also stayed around and will do to help new people out like me who first come to this site and hopefully point them to the right information aswell, every little helps if it beats these Bankers.

POWER TO THE PEOPLE is what i say :D

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the gambling would not be an issue but I have a compulsive disorder - and it has seriously affected the people around me, inc family, and my health. Haven't had a ****ing holiday since it all kicked off. Family gave me another chance after so many, speak to GA, just go the once, you got nothing to loose, its only 2 hours of your life, if you think its not for you no need to go again, but please do try it,

 

Remember, a gambler catches the bus to the racecourses, a bookmaker gets in his helicopter to the races. work it out for yourself, who's the winner. I know some people who made some serious money on betfair back in the early days, and they took the money and ran, I haven't got the self control, no point in me gambling even when I did win big and there were a few, I'd just give it all back.

 

Do it mate, please, and stay in touch.

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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  • 4 weeks later...

hi everyone,

well I finally got my statements this morning and its a tad over £1500 they have taken, I have a graduate account and don't get charged for going overdrawn, just for returned direct debits and bounced cheques. Anyway one thing that has been quite interesting is that I submitted a complaint to HSBC about two weeks ago complaining that when I rang them on the 05 June I was told wrong information and also that the statements never got to me. This last week I've spent the best part of 30 mins each day on the phone to them complaining. Anyway one lady I spoke to a few days ago I gave her a right earfull about DPA....she put me on hold for 15 mins, and came back and said she was not qualified to deal with my complaint and no one else in the office was, she gave me a freephone number. I rang the freephone number, you get straight through, no buttons to press, no details to enter, yes thats right straight through to a human being in the UK, I think the department is called something like service level's quality department. Someone then asks how they can help, you tell them the problem, they then ask for your sort code and account number, they don't even ask for a dob or postcode, how about that.

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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BTW

 

I like the prem template, but I also like this one below, do you think its better just to stick to whats in the templates as that seems to have worked, its just this one below sounds a lot more serious....they paid the guy out he only sent just the one letter, the one below

 

Dear Sir/Madam,

 

I write with reference to my current account with you. Over the past 6 years, I have noticed a number of charges being levied, allegedly connected with the costs involved in allowing transactions which have taken me over my overdraft limit, please see the attached table for a breakdown. I would like to express my objection to each of these charges, and ask for their reversal.

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. Your charges do not reflect any actual or real loss, instead they appear to represent a lucrative profit-making scheme.

 

On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

 

Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation.

 

On 26 July 2005 the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. Because your charges include a lucrative profit margin, in addition to actual loss, they are irrecoverable as an unfair term in contract.

 

The fact that these charges were applied has meant that even after additional funds were credited to the account which would normally have been sufficient, on some occasions the balance has remained overdrawn or otherwise insufficient. As a result, additional transactions have been processed when inadequate funds were available in my account, and additional charges applied. I believe the term vicious circle applies to this situation, and as such, it could constitute a clear breach of the Banking Code.

 

Regardless of the wording of the automated letters sent to me, these charges constitute a penalty charge, as the amounts bear no relation to the actual damages incurred by you. I have been advised to remind you that such penalty charges are legally unenforceable, even if a clause exists in the Terms and Conditions that authorises such a charge.

 

The charges have also worsened my already fragile financial status. I am on a fixed and limited income, and I am struggling to pay off debts. I hope that you will take note of my situation and provide a favourable resolution.

 

At a minimum, I now ask for the charges to be reversed, and for any debit interest accrued as a result of these charges to be re-credited to my account. If this does not occur within 14 days of the date of this letter, I will be forced to seek further action, which is likely to increase the costs you incur to settle this dispute.

 

Yours faithfully,

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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I called hsbc like you did and was again charged £10.00 for requesting all of the information

 

took a while but the information finally arrived in the form of a big fat wedge of statements (ill have to tip the postie) they were just copy statements. Before I send them a letter with all the sumarys of charges etc. Do i need for them to give me details of how much work they put into dealing with these charges or can i just go ahead and start the process.

 

Also on the subject of contacting hsbc I have been advised by some bloke from hsbc(complaints dept) to post it to my branch (recorded of course). Is this the best way to go or does it not matter as long as i can confirm receipt by the bank.

 

Mike

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just go ahead with the claim, as they will not be able to demonstrate manual intervention....there is a address in Leeds that you need to send it to.....I need it myself as my letter is being sent on Monday, so I'll post back later today.

HSBC Prelim Letter sent 08/08 recorded delivery requesting £1645 - offer made of £1420 on 18/08 and accepted

:) - a HUGE ;) thanks to CAG.

22/08 DPA to Capital One Sent recorded delivery

22/08 DPA to RBS Advanta Sent recorded delivery

 

ALWAYS USE RECORDED DELIVERY

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I used to work for a very well known bookmakers and it was really sad watching people throw their money away, hence a small part of the reason I eventually left. The punters became my friends and I couldn't bear to see them lose.) A lot of them were married men with a family to support and their wives didn't even know they bet. I started to feel really guilty about taking there money and my manager was so hard and he didn't give a toss but then that's business.

 

I can assure anyone who thinks they will beat the bookies that YOU WILL NOT! If it was that easy, I wouldn't have had a job. (well you might if you are a "slow counter" - a professional conman/woman who makes their living conning bookies but clearly that's an organised crime involving various individuals that will get you in a lot of trouble when caught!).

 

The odd win gives people a false sense of security and so the viscious circle begins. Big Win, a higher stake on the next bet, big loss, and on it goes until you end up either addicted or in serious debt. Some people are fortunate enough to keep there gambling under control but most aren't.

 

What really started to annoy me was when we started to accept credit and debit cards. This makes gambling worse as punters are using "invisible" money - I think this should be banned along with internet betting.

 

I am really proud of you for speaking out about your addiction and you are an inspiration to others by speaking out and getting help with Gamblers Annonymous - Well Done You!

 

Good luck with your claim.;)

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