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just starting my first letter to HSBC *I WON!*


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This site is fab, such encouragement, although I am worried that HSBC will be getting an influx of these letters and will eventually fight back! - with the help of you lot I'm sure if that happens I will be prepared!

 

Anyway, I'm using the template in the library for requesting the list of charges from HSBC. In it, it says "you have 40 days in which to comply" (very Arnie!) is that how long it should take? seems like ages to me!

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Hello there,

 

 

To answer your question, the 40 days is a legal period of time, given to the Information Commisioner to get the documents to you. Yes it does seem like a long time, but don't be too impatient.

 

In regards to the number of claims that HSBC have, they are only going to go up. The only way to stop them it to do it now. All the bank has to do is prove that the charges are legal. Take one person all ther way through the court system and then watch as the rest of us all run around like headless chickens, cr&pping ourselves.

 

However, the whole point of this site is that the banks are NOT acting lawfully and there is nothing they can do, apart from bullying and delaying tactics.

 

As the workload increases, the chances are the banks may well give up at an earlier stagwe to save some costs, but we really are just a niggle to them, nothing more at this stage.

 

As a side thought - do you not have Internet banking? If you do, you may well be able to have access to all your statements online. If not then if you request it, the details should be with you very soon, and then you can go back six years. This was a great bonus for me, as I intended to request everything and then realsied that the online statements were for the full 6 years.

 

All the best - I don't believe in wishing you luck, you won't need any, just perseverance.

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Thanks for that Gordonhall - what a speedy reply! I do have internet banking, so will print them off and get my highlighter out!

I'll calculate what's owing, then get stuck into the next letter.

Will keep you posted!

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please do, it's good to see fellow HSBC victims sticking together.

 

I can't speak for others, but the process seems to take about 6-8 weeks in total.

 

Mine has had to be submitted to the small claims court, but that's not a bad thing - I can now claim the interest!

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Well that was one big reality check. I thought in my 4 years of banking with HSBC that I'd paid well over a grand in charges, I've just done some adding up through on-line banking and its £3144.13 !!! I will ofcourse recalculate this tomorrow when I'm more awake, but that's a real shocker!

Definitely given me more incentive to fight the cause!

Cheers for the help Gordonhall!

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Wow, thats a lot of dough. I remember when I totted my figures up, I was adamant that itw would be around £3K, and was sooooo disappointed!

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Ok, so apologies if I sound a bit thick, but I'm confused as to who I send the letter to. In the complaints procedure on their website it says the first point of call is my branch, so do I send it to the branch manager? If not, there are a few different customer relations addresses on this site and I'm not sure which one will be best.

London or Leeds? My acount branch is in Oxfordshire, does that make any difference?

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Any registered address will do. Many send to their branch, others send to the HQ in Canary Wharf.

 

If you can afford to do so then send it by recorded delivery or special delivery so you can prove the received it. If you haven't got the money to send recorded or special then at least obtain a free certificate of posting to prove it was sent.

 

Good luck

 

OC.

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I would say ALWAYS send by recorded. For the sake of a few pence extra, its worth knowing it has arrived safely. Whether they actually do anything about it at the other end is a different matter...

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

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

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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I will definitely send it recorded, don't want them using that old chestnut to slip out of it!

I am a bit confused on the interest claim. Is it the interest I would have accumulated had that money been in the black on the account, or the interest charges that appear on the statement?

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Just letting y'all know after what seems like ages I have posted my first letter to HSBC requesting a refund of over £3000.

Many thanks for all the initial help in answering my questions (especially Gordanhall!)

Will keep you posted!

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  • 2 weeks later...

:rolleyes: Hi guys - here's an update on my progress so far....

Surprise surprise I have had no reply to my initial letter! I'm now going to prepare an LBA (using the good old template in the library). As I gave them two weeks to answer, really I have to wait until tomorrow, so I'll get it ready and post it tomorrow (unless I get a reply in the morning, which I guess is highly unlikely!)

So I'm moving onto the next step!

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Here's my letter, I missed out the red and blue bits.

 

"LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the 19th June.

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 am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken ££3169. I am enlosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 19th June

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus my costs and without further notice."

 

 

Do you think it's advisable to leave out the blue bits or will they not take me as seriously?

 

 

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Ok, so I haven't had time to get to the post office to send the letter registered post, but I have received a response from them:

 

"Thankyou for your letter requesting a refund of all your bank charges.

In order that we can consider your request please provide a full itemised breakdown of these charges to include date, description of charge and the amount applied. Please also include any proposed new charges that you will have received pre notification advice for.

Thankyou again for taking the time to write

Yours etc.."

 

I included a printout that I worked out from the on line banking statements. It was an excel sheet with date, amount and the description of charge was written as it appears on the statement - eg total charges or charge.

 

Is this them messing me about? (although I am surprised at how polite they sound?!) I thought I should send the next letter as planned, but include another copy of the charge sheet I sent and write something like "Please find enclosed another copy of the charges sheet that I sent to you originally, all information in it appears as it does on my bank statements."

 

What does anyone think? Can anyone make that sound a bit better? I'm hot and bothered and my brain has stopped working!

I thought it was ok to calculate the charges myself rather than pay the tenner and wait 40 days?

Thanks in advance!

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What i would do would be to use the LBA letter but for the first paragraph add the following text to it. Also send if you have one a breakdown of charges that you done on the spreadsheet.

 

 

Thank you for you response dated ??/??/?? wanting to know a breakdown of the charges that have been applied to my account plus any future charges that are waiting in the system that i know of. Why you wish to have me send you this breakdown of information i am unsure but maybe i should charge you an ammount of time and effort into breaking down this detailed response. (delete the red bit if you want lol) I am sure that even though i am sending you a detailed breakdown of the charges that you have taken out of my account unlafwfully, that you are not going to take my breakdown as being the right ammount, I am sure that you will still go through my account and get your own detailed breakdown of the charges that have been applied to my account. This is why I gave you 14 days to respond to my first letter so that you could look into the account and then make your decision on giving me a full refund.

 

As you have seem not to of done this and wasted the timescale that i gave you from the first letter, I am now giving you 14 more days to look into this matter from the date that this letter is received and if a Full Refund is not given within that time frame or a positive result of giving a Full Refund in the near future, you leave me with no alternative but to issue court proceedings due to the following reasons set out below.

 

I’m sure you don’t require me to remind you that we both have a duty to attempt to mitigate this matter outside the courtroom in the first instance.

 

Of course, if you do decide to defend this matter; I will require from you a full comprehensive breakdown and analysis on your justification for such charges. Please understand, it is of no interest to me whether your charges are in line with other lending institutions. I will not entertain this explanation as a justification/defence.

 

Since a FULL REFUND has not been given I have no further alternative to re-iterate what I said in my previous letter outlining the following.

 

I now understand that the regimes of ‘fees’ which you have been applying to my account in relation to overdraft and late payments you charge 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 am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £xx.xx which I expect a full refund within 14 days. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. (Delete If not Neccesary)

 

I require repayment in full of this money. If you do not comply fully within 14 daysthen I shall begin a claim against you for the full amount plus interest plus my costs without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours faithfully,

If you find this info useful please click on the scales in the bottom left corner of the thread :wink:

 

Vodafone To Remove Default Notices thread

Paid In Full HSBC Was Claiming £3851.42 But Instead of Paying Me Decided to pay my £4900 Loan OffDG Solictors. Need Help

Concluded Lloyds TSB 27/05/2006 Action Against LloydsTSB

Concluded Lloyds TSB for Girlfriend. 27/05/2006

Paid In Full Capital One £160 Settled

Paid In Full Capital One Sent 15/05/06 for £1372 for Girlfriend

Paid In Full Cetelem £130 Settled

Paid In Full The AA £400 Settled

Paid In Full First National £160 Settled

PDA LloydsTsb Credit Card Hand Delivered 26/04/06 £180

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  • 4 weeks later...

Morning!

Well, I haven't received a reply to my LBA which was now sent more than 14 days ago. I guess this means I start the claim. Is this the bit that involves going ongto moneyclaim.com?

I know this info is on this site somewhere, but its early in the morning and I've had a stressful week! I looked on the steps to take, and step 5 is "start the claim"....how do I do that then?

I'm also in a fowl mood as they have just taken £125 from my account, meaning my cheque I wrote for childcare is going to bounce...GREAT!

I'd really appreciate if someone could give me a pointer

Thanks

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blimey....every time I say that they've not replied, the post comes within minutes and there's a letter from HSBC!!!

So, they've offered me £1980 out of the original £3169. I am in serious financial brown stuff at the mo, so am very tempted to take the money and run. BUT I know that the rest of it is rightfully mine....so, what's people's opinion? If I hold out for more, what do you think? Likelyhood of getting it? and how long do you think? hmmmm, decisions decisions!!

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well you've done the 2 letters so you only now have to do the claim online and most have recieved full payment within a matter of days as you are so close i personally would stick to it they are trying to trick you out of over 1k im certain that would come in v handy

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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You're quite right, I think I thought that anyway, just needed the reassurance! - Thanks!

Do I have to pay the £100 claim money when I go on line? and is it moneyclaim.com?

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Ok, found it! its moneyclaim.gov.uk! It says I need full address of person I want to clai8m against. Should I do it to the branch or the Leeds address who sent me he offer?

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i think your fees would be the same as mine £120 + £100 allocation fee this is standard for claims of 1,500 - 5,000 but dont forget a, they have to pay this back with your claim so they actually pay for it b, if you gat benefits i.e tax credits you might not have to pay anything

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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HSBC Bank PLC, 8 Canada Square, LONDON E14 5HQ this is the one that keeps popping up at this stage

WHEN THE WORLD GETS IN MY FACE I SAY HAVE A NICE DAY :lol:

 

MY SUCCESSESS

HSBC £5,735.35 :D

MUM IN LAW £2112.00 WIN FROM HALIFAX :grin:

MUM £3580.00 WIN FROM NatWest :grin:

AUNTIE 2 NATWEST WINS £1865.00 AND £2541.00

EQUITA BAILIFFS £293.00 REFUND :grin:

MBNA £871.16 WON WITH CI AT 24.49%

WELCOME FINANCE CHARGES £600 APPROX didnt even need letter lol

CAP ONE WON WITH CI AT 29.9% £994.26

 

CLAIMS ON THE GO AT MO

mbna ppi

NatWest cc at mcol (ppi next)

welcome ppi

first response charges

 

IF I HAVE HELPED IN ANY WAY HIT THE SCALES IN BOTTOM LEFT CORNER THANK YOU ;)

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