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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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Dayvg21 Vs HSBC


dayvg21
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Hi everyone,

 

I'm a newbie but i have scoured this forum for as much info as possible and am now ready to take on HSBC!!!!

 

I found out about the possibility of getting charges back from an abbey asst branch manager at the weekend and took it from there. I found this group read as much as i thought i needed to and my DPA letter is getting posted tommorrow afternoon once i finish work.

 

I'm all excited and everything!!!

 

I'll keep you posted.

 

If you want any inside information on how the high street banks are treating all this then just ask as someone very close to me works for Abbey in a high street branch. They have had meetings all week about charges and what they're doing(or not as the case may be) about it.

 

DayvG

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good work there davy

 

any info you can divulge about the current situation the banks are facing and what they are planning to do about it would be very greatly appreciated

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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As far as i can gather Abbey are one of the only banks that wont be reducing its charges giving it the "In your terms and conditions" bull. The general stance is you go over your limit then your getting charged.The cashiers on the counter have been told they cannot under any circumstances discuss any charges on customers accounts and they must be directed to the advisors on the main desks. After which you have to go through a lengthy discussion about your account If your charges are an abbey mistake then the charges will be refunded but the manager of the branch no longer has the discretion to do this and it has to be directed to the complaints dept. So unless the customer has any idea of their rights (as i didn't untill i found this forum) they are going to get no-where.

 

I'll keep you posted as i find out more.

 

DayvG

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As far as i can gather Abbey are one of the only banks that wont be reducing its charges giving it the "In your terms and conditions" bull. The general stance is you go over your limit then your getting charged.The cashiers on the counter have been told they cannot under any circumstances discuss any charges on customers accounts and they must be directed to the advisors on the main desks. After which you have to go through a lengthy discussion about your account If your charges are an abbey mistake then the charges will be refunded but the manager of the branch no longer has the discretion to do this and it has to be directed to the complaints dept. So unless the customer has any idea of their rights (as i didn't untill i found this forum) they are going to get no-where.

 

I'll keep you posted as i find out more.

 

DayvG

 

this is a similar direction to a number of banks, they are taking responsibility away from the managers, as they are usually the first port of call, plus its a lot easier to say no over the phone

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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  • 3 weeks later...

Update!!!

 

Got all my statements through and its totalled £2690.75p plus £163.75 interest on penalties. Doing my next letter as we speak ready to be sent tomorrow. Bring it on. Getting all excited now!!!

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Update!!!

 

Got all my statements through and its totalled £2690.75p plus £163.75 interest on penalties. Doing my next letter as we speak ready to be sent tomorrow. Bring it on. Getting all excited now!!!

 

is the £163.75 the 8% apr interest , or the overdraft interest?, only asking as it seems a bit on the low side, unless of-course you incurred all the charges within the last 18 months

  • Confused 1

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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Thats the overdraft interest. I used the spreadsheet on this forum to work it out. The claim broken down is £2191.50 taken from the statements they sent me dating 7 july 2000-7 june 2006 plus 499.25 from statements i had at home from sep 96- june 2000. Thats £2690.75 plus O/D interest of 163.65 totalling £2854.40.

 

Does that sound right??

 

Cheers Dayvg

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Ok, first potentially stupid question but i gotta ask it.

 

Can i only claim back 6 years. The reason i ask is that i have all my statements from when i first opened my account in sep 1996 up to june 2000. The bank have sent me statements back to july 2000 but as i have previous statements i'm assuming i can claim them to?!?!?!

 

Boomshanka

 

DayvG

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Cheers crusher

 

Been scouring the forums for a pair of hours now and i've had to stomach that its only 6 years. The annoying bit is i found 500 quids worth of charges from before the 6 year point GRRRRRRR.

 

Could you check my spread sheet for me to make sure it looks about right before i seal it in the envelope?!?!?

 

DayvG

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email it to me and ill give it the once over if you like

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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  • 2 weeks later...

UPDATE (Really Excited)

 

Well I sent my prelim letter just over a week ago and got a fairly positive letter this morning but now need a little guidance from the people that know best

 

Basically HSBC have said they are prepared to refund £1970.00 of the £2191.50 i'm claiming for saying that they are mindful of the management time and irrecoverable legal costs that are involved with a claim.

 

So, whats my next step, do I accept it and still tell them they have till monday (14 day expiry) to settle in full and then send the LBA or just wait till monday then send LBA without acknowledging this letter?!?!

 

Any help on this would be greatly greatly appreciated as its only £221.50 short of the total and i dont wanna screw it up and lose out. I kinda want to get to the court phase so i can add the 8%.

 

Thanx in advance guys

 

Dayvg21

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Isn't it just, kinda hard not to accept it!!

 

I addressed it to

 

Ian Shepherd

HSBC Bank plc

Coventry DSC

Harry Weston Road

Binley

West Midlands

CV3 2TQ

Just waiting for some advice now.

 

 

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This is where it gets difficult to advise someone.

 

It's a good 1st offer after one letter. To get the rest would probably take another 4 - 6 weeks and although I would accept as an interim payment and pursue for the rest, only you know your own circumstances.

 

No one would blame you for taking the money now.

 

Sorry if this seems like sitting on the fence, but ultimately it' your choice.

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I know, its like a real dilemma. I guess i'm just hoping to get a few opinions to make the best decision. One way of looking at it is if they are prepared to pay me this after one letter then they are admitting guilt so should get the rest. To be fair to them though it is a very generous offer.

 

ARGGGGHHHHHH

 

What to do!!!

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To get the rest would probably take another 4 - 6 weeks

 

What I should have said is it will take another 4-6 weeks to get any of it, since if you accept as interim, they'll probably withdraw the offer and so you wouldn't get any money until they finally cave in.

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Well, put it this way.

 

 

If someone took £220 out of your wallet, you would want it back, it's a lot of money.

If you are not desperate, a few more weeks would secure the whole lot and possibly a few extra quid interest too.

If you really need it now, then it's a very good first offer.

 

Choices choices....:-D

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