SL56 vs HSBC

[SL56]

Hi all - great info on this site, much appreciated

 

Well, DPA letter sent 03-06-2006 with accompanying cheque for £10 costs.

 

Response received today with original cheque!!

 

==========================

Letter reads:

 

 

Thank you for your letter dated 5th June 2006 with regard to information about transactions and charges to your account.

 

We will forward to you copies of statements covering the period. These will begin to arrive in separate batches and will be with you shortly.

 

We are happy to waive any fees for the production of this information and we return your cheque enclosed with your request.

 

Although many of our systems are automated, a "manual intervention" by HSBC staff may be required in a variety of situations including: account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time to time during account administration.

 

If you require more information, please let me know.

 

Yours sincerely

 

Ian Shepherd

Centre Manager

 

==========================

[Janet-M]

Hi and Welcome

 

please have a good read around of the forum and bank charges FAQ's while you are waiting for your paper work from them .

 

please keep us posted

[HSBCrusher]

Hello!

Wecome and all the best with your claim!

[SL56]

Received 39 statements through the post today. I'm expecting more.

 

Now to 'begin' totting my (edit) charges up :grin:

 

 

moderated whilst we understand your annoyance we have to remove any comments that could be seen as libelous

[HSBCrusher]

That's a lot of paper.

In the "bear" garden (the chat forum) we have been dicussing what to do with all the paper.

Don't forget to use the spreadsheet provided, it even calcs up the interest for you if you were to get as far as moneyclaim!

 

Keep us posted

[SL56]

Hi - I've totalled 2240.50 in charges!!

 

Now to send the next prelim letter...

 

I'm following the instructions and within the letter template found here now I'm a bit stuck as to how to calcualte the overdraft interest that I add on??

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

Apologies if this is blatently obvious and I've missed something. I thought you added this on at the end when you goto moneyclaim (if it gets that far)

[LondonPam]

The interest mentioned on that template is the interest that they have charged you on the charges....if you get my drift. The other interest you mentioned, 8%, is what can be added when you file your claim.

Hope that makes sense!

Good luck.

[SL56]

Really sorry about this, thanks for the reply Pam, I'm unable to figure which exact spreadsheet calculates your overdraft interest which I add into the preliminary letter. (I'm not talking about the 8% here)

 

Could some kind soul pinpoint which one I need to do please. Also I'm not entirely sure what % overdraft I have tbh Do I need to find this out or is it a standard %?

 

Please help

Thanks to all for your continued support!!

[maverik1979]

al your answers are here:

 

btw make sure you read the instructions carefully

 

 

spreadsheet interest calculator

[SL56]

OMG thanks for that - cant believe i missed the tabs at the bottom which take you to the calc ooops

 

Well I've completed the interest tool but I'm not convinced yet that its correct. My overdraft is 1500 and as an example on 30-09-2004 I was charged £16.06 interest and had a balance of -£564.72. The calculator says I should receive £16.06 as interest on the penalty for this sum? This cant be right as its the full amount and not offset or proportioned? Can anybody comment on this calculator and how it works? I dont want to submit a claim if I'm unable to back up how its worked it out and the reasoning behind the overdraft interest on the penalty?

 

At the minute I have 2290.50 in penalty charges and the template has calculated 444.38 interest on penalties? Surely that cant be right?

 

As always, any help much appreciated

[maverik1979]

my advice is, as always, leave the o-d interest alone, the 8% more than makes up for it

[SL56]

Hmmm the template calculates 10.76% in the penalty interest field as opposed to 8%? (on the right hand tab)

 

If the amount of overdraft interest is correct then obiously I would like to claim it but I'm guessing it might be set up for different account circumstances? Can anyone comment?

[SL56]

Thanks to Vamp for reassuring me and confirming my understanding. Prelim letter to be sent 1st thing in the morning recorded delivery.

[SL56]

Prelim letter sent to HSBC today, recorded delivery. £2290.50 plus 353.07 overdraft interest. Total claim £2643.57. Bring it on!!!

[SL56]

OK 14 days expired. LBA ready to go, BUT do I need to attach another copy of the charges summary I sent to them initially?

 

Regards

Col

[angela1606]

prob best too at least they will know what you are after they cant say you havent sent it to them

[conkenneth]

hi can you tell me where you sent your prelim letter to good luck ken.

[SL56]

Mr Colin Langdale

HSBC Senior Service Quality Officer

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

LEEDS

LS11 0PP

:)

[conkenneth]

thanks

[SL56]

So, I sent my LBA yesterday and I get a response today stating the following:

 

Thank you for your letter dated 15 July 2006 requesting a refund of your bank charges of £2643.57 going back six years.

 

In circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or over an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our published price list. The circumstances in which the fee will apply are clearly set out in our Personal Banking terms and conditions which you were provided with a copy when you opened your account. If your claim for a refund proceeded to Court, we therefore believe we would successfully resist any legal challenge in relation to these fees.

 

HSBC is, however, mindful of the management time and irrecoverable legal costs that it may incur in relation to such a claim. for thos commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make a payment to you in the sum of £1996.50 representing the charges applied in full and final settlement of this matter.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us within 10 working days and we will arrange for a refund to be made to you. Please allow 7 working days for your account to be credited from receipt by ourselves. If we do not receive your signed acceptance ithin this timescale, we will take it that you have declined our offer.

 

I trust this matter has now been addressed to your satisfaction. If you are not satisfied with the bank's response you have the right to refer your complaint to the Financial Ombudsman Service. Further details about the Ombudsman scheme are set out in the enclosed leaflet and you have six months from the date of this letter, within which to refer your complaint to them should you decide to do so.

 

Thank you again for taking the time to write (

 

Yours sincerely

 

Colin Langdale

====================

So thats the response and I'm stuck for a reply now as I only just sent my LBA off yesterday and theyve now crossed in the post.

 

Can anybody suggest the way forward now. Obviously I dont wish to take this 'offer'; I intend to carry on and claim the full amount they have taken ie £2643.57

 

Thanks again for the support everybody

 

############

#EDIT

Would this suffice??>>>>>>

 

Many thanks for your letter dated 01 August 2006. I appreciate the speed in which you responded to my previous letter.

 

However, in response to your offer of settlement, as my claim is for £2643.57 in punitive charges unlawful in Common Law on this occasion I feel that I must decline.

 

As my letter before action was sent on 02 August 2006, giving you 14 days from this date to comply, I am extending this courtesy by sticking to my original deadline. before starting action to recover this amount instead of filing action immediately in response to your refusal to refund the full amount.

 

I shall be sticking to my original timetable, giving the bank until 16 August 2006 to satisfy my claim in full, and unconditionally. If I do not receive a satisfactory response from you by this date, I will proceed to issue a claim for recovery of this sum in the courts.

 

Yours Sincerely

[SL56]

Right no letter received today so MOC time???

 

If I submit it today and their offer comes tomorrow, what happens then?

[SL56]

Right no letter received today so MOC time???

 

If I submit it today and their offer comes tomorrow, what happens then?

 

Anybody? Purrrrrrleeeeeeease????

[SL56]

Well Ive submitted the Moneyclaim as they didnt respond within the set time frame.

 

They made me the 1996.97 offer on the 2nd August which I rejected, and today they have sent me pretty much the same letter as their standard initial letter the 1st time, saying the bank does not agree the charges constitute a penalty and are unenforceable. It refers me to clause 7.11 in section 2 of their banking terms & conditions, and they direct me to the ombudsman again!?!?!?!?!????

 

So am a bit puzzled now

[sar011279]

You're puzzled..... sounds like the bank haven't got a clue either... oh well, at least you'll get your 8%!!!

[SL56]

Okidoki I received a letter from DG Solicitors today saying they are acting on behalf of HSBC and they request a breakdown of the amount I am claiming.

 

Do I amend the date to todays date in regard to the template interest OR do I leave it as the same as when it was originally sent?

 

ie am I entitled to claim further interest at this moment due to them not settling? (as this was stated in the MCOL that interest would be charged at 50pence/day?????????????????????