alanalana vs HSBC

[alanalana]

Hi everyone,

 

Good luck with your legal claims.

 

History:

have one success for daughter full settlement with Halifax penalties and interest £400+

 

Partial success for me settlement with RBS for Penalties and charges but no interest £590+

 

Ongoing claim under consideration for daughter (yes I have two) for HSBC claim £1330.00 plus penalties making total over £1500.

 

One claim awaiting result of S.A.R - (Subject Access Request) (for son) a while to run before response expected under FSA rules!! could be a claim for £200

 

One claim against Lloyds TSB for £50 plus £20 interest on closed account no response yet due a LBA ( in the nicest terms possible ) Lloyds seem to like a fight.

 

Good luck with your claims and or litigation

[pinkduchess]

hello alanalana - male or female? - lets get this clear from the start

 

welcome to the forum

 

sounds like you've got a lot on your plate!

 

best of luck - shout if you need help

[alanalana]

Hi Pinkdutchess,

 

Male but not afraid to seek help when needed.

 

al

[rdm2006]

Like the avatar al and YES we can do it (wrong organisation but it had to be said LOL:D )

[pinkduchess]

ok al - just let us know what stage youre at with the HSBC one & keep us posted

[CHRIS 66]

hi just a quickie ..just had my court paper with the defence from hsbc . whats the best way to state my claim in court ? NEVER BEEN TO COURT BEFORE ... WORRIED

[pinkduchess]

hiya chris

 

firstly I would start your own thread so we can follow your claim by going back to the HSBC forum front page & press 'new thread'

 

then just give us a quick brief on what youve done so far and help will be given on what to do next.

[alanalana]

Current stage is:

 

On one case for daughter, bank sent letter 30 May "considering the claim" £1,500 plus, including interest. About £1,300 penalty charges.

Will give them a little time to come up with the usual offer excluding the interest. I will keep you posted on the progress. (it's odd but since the letter was despatched the bank have been calling daughter to see if there is anyway they can help her!!)

 

Any useful suggestions on how they can help welcome

 

case 2 for son awaiting result of S.A.R - (Subject Access Request) they have 40 days in line with FSA guidelines so as the letter was delivered on 14 May reply expected on the dot 23 June.

[pinkduchess]

al I would press on with the next stage once they've had the 14 days.

[alanalana]

Hi,

 

I would appreciate any advice on the letter included in this post on the current situation with HSBC.

 

Any views on legality etc etc.

 

Is the letter ok to send?

Is it outwith the guidelines of the site?

Is it too threatening?

Should it have different wording?

Is the wording too strong?

 

The letter is not within the usual templates for CAG or MSE sites so can I go for it?

 

Advice from any High Court peeps on the site would be welcome! as long as it is free! Thankyou Me Lord.

 

HSBC Bank plc

PO BOX xxx

xxxxxxx xxxxx

xxxxxxxx

xxxxxxx

xxx xxx

Dear Sir or Madam,

Re. Account number: xxxxxxxx

 

 

I refer to the illegal default charges applied to my account amounting to £1,528.01, which consist of Illegal penalty and default charges consisting of £1338.50 plus interest at the statutory rate of 8% totalling £1,528.01 which I have requested you pay back.

 

I wrote to you on the 25th May 2007, making the original request for a full payment in settlement of my claim. I have received a response dated 30 May 2007 stating you will look into the matters raised. As I have not received a satisfactory response in the last 14 days as stipulated in my letter of 25 May 2007, I am writing to inform you I intend to claim the full amount claimed together with interest at the statutory rate of 8% up to the date of judgment and any applicable court fees and additional interest in the proceedings through the Carlisle County Court.

 

I further intend to reclaim the costs incurred in finding the details of these illegal charges. I am also considering further action for damages as your illegal charges have caused me to plunge into further unwanted debt.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore Illegal and the Carlisle County Court will rule in my favour.

I have attached a full schedule of the charges and interest with this document.

 

I look forward to a full response to this letter within 7 days, otherwise I will commence immediate court proceedings to reclaim my money which was illegally applied by your bank to my account outwith the terms and conditions agreed by me and outwith the proportionate costs incurred by your bank.

 

If you can supply me with factual evidence of the actual costs incurred by your establishment for the alleged penalty and default charges applied to my account I will of course be happy to withdraw my claim.

 

Yours faithfully,

 

 

 

 

Miss x xxxxxxx

 

feedback welcome before letter sent Thankyou

[pinkduchess]

sorry cant comment on the letter - one of the 'wiser ones' needed here

 

couple of spellings though - alleged

 

& outwith?? I presume is meant to be without

[freakyleaky]

Alan, the letter is generally fine. the thing is ,this is your second letter and therefore it is your LBA! But you state that if you don't receive a full response you will be sending a LBA!

Hope you understand what I mean!

[alanalana]

Thanks for the posts pinkdutchess and freakyleaky.

 

Letter duly amended.

 

al

[alanalana]

**alanalana - settled**

 

Hi all,

 

just to give you an update.

 

HSBC just made offer of over 86% of claim usual "without prejudice" etc etc. The claim was for over £1,500 offer is over £1,320. Daughter really happy at this result and will post into the successful claims thread.

 

That makes it 3 out of 5 claim successful one included the interest.

1 up on Halifax 100%

1 up on RBS 73%

1 up on HSBC 86%

1 not a chance of winning but claim was only £50

1 pending LBA.

 

Good luck wherever your are claiming

 

al

[jowalshy]

I take it that you are accepting their offer.

 

Congratulations...Well done

[pinkduchess]

well done Al congrats!!!

[lateralus]

yes, another one for your collection -

well done and keep it up.

congratulations

[alanalana]

Hi jowalshy,

 

yes daughter said she will accept. Most of the charges are recent so not a massive amount in interest. A lot of additional time with N1 claims plus costs and bundle preparation and time. I know it's not a full win but 86% without more hassle ie defences, AQs, forms and bundles is ok for her.

 

Thank you for the congrats

[alanalana]

pinkdutchess and lateralus,

 

Thank you both also for the congrats.

 

one more outstanding on HSBC for £100+

 

LBA prepared and ready to date and post.

 

al

[jowalshy]

You're welcome. A win is a win. Well done.. The money is better in your daughters pockets that theirs. Tell her to enjoy it.

 

Take care.

[pinkduchess]

& good luck with the next one!!