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    • Hi guys.   Ok - so since I was last here I have set up a new basic bank account, which my salary and priority dd's will come out of from March.   Just wanted an opinion on a couple of thoughts I've had -   1) I have just agreed with my mortgage provider a 3 month covid payment holiday, which will help for the short term - however, I have an overdraft is with this bank. Am I causing a problem if I contact them now about my financial situation, or should I leave it until the holiday ends?   2) My salary has recently come down, which is a contributing factor to my plight - However, my income over the last few months will not reflect this. On my budget sheet, I have put in the new ongoing i and e.  Is my bank likely to turn down my request of freezing interest etc. on this basis? They can see what has been coming in and going out. I'm concerned they'll think I've been creative with my income sheet?! Or can I simply refer to this new situation in the pro-rata letters?   Thanks again.   A  
    • Hello Taxhelper   Thanks again . Your so kind and Im very grateful.   I am about to submit the form in the next few hours. Before clicking the submit button there is a calculation page that has been generated by the site based on the info I provided ( income from PAYe and income from self employment etc...with all expenses deducted). their calcs are correct.   The figures are correct and I do owe them a sum as well as 1st payment on account for 20-21. I just am not sure I can pay the lot by 31/1/2021 because I did not anticipate that the hospital may not be able to pay me on time ( my jan pay). Thats because I did submit my 'timesheet' to the HR on time but they delayed processing it in time for it to be paid by the end of this month. They have said they have asked for an exceptional CHAPS payment to be made but I remain uncertain whether they will pay it into my account by then or not. thats why i wasnt sure if its best to call HMRC and give them the heads up or not.  
    • Current account switching continued to bounce back in the last three months of 2020 as customers took advantage of three-figure switching bonuses from Britain's biggest banks. View the full article
    • My advice - submit the completed Tax Return first. Then worry about who owes what to whom. That's dealt with separately from the form itself. Have you checked your account with HMRC to see what they owe you (or you owe them) as of today? What's the situation?
    • Hi Senbell1 I too have made this mistake almost exactly the same issues with my vehicle I am currently and have been since December 2nd doing everything I can to get this  **** caught its not proving easy I've been in touch with police Scotland,  West Midlands police , consumer advice, motor and financial ombudsman , county courts my local sheriff court and the relevant moter trade association  I have lots of evidence against him and  I intend to take it as fas as I need to in order  to stop him !!  i know exactly how you feel and if I manage to get the matter resolved I will message again . if it helps he is now trading on eBay  under .   LeeHudson-Cars James Harrison Industrial Unit  Warwick West Midlands CV34 5XH United Kingdom Email:jamesharrisoncars@gmail.com   make sure you call trading standards and report him there number is 0345 404 0506 they need several complaints to open a case and investigate   
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Hello Everyone

I have been watching with interest some of the recent goings on and have decided after years of unfair charges to join up and get mine back, I am sure its going to be a bit of a fight but I dont mind that.

I am currently £1200 OD, of whihc about £400 are charges in the last 12 mths, they have refunded charges a couple of times and I just wanted to make sure this wouldnt affect my claim? Does anyone have any knowledge on this?

I am about to send the first letter requesting the last six years charges on all 3 accounts w hold with HSBC, two single accounts( Mine and my wifes) and a joint account we hold, would it be advisable to do it jointly or seperatly?

Thanks for any help.

KPH

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Right I have done it, I have just handed My initial letter into my branch manager asking for a full list of charges for the last 6 years.

I will keep you updated with there response.

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Can you claim back the interest they have charged you aswell?

I spent about 2 hours last night online working out the charges/and interest on just one account, it works out to about £680 and about £70 in interest, most of which has occured in the last 18 mths.

Thanks in advance

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There is often a lot of confusion regarding interest - not least because there are effectively 3 types that are referred to....

 

1) You can claim for the interest that the bank applied to your account solely due to the charges, i.e. NOT for general interest which occured simply because you had gone overdrawn.

 

This, in my book anyway, is more complicated to work out because you should ideally know what APR they charged you for general overdraft rates and for 'over limit' rates - unless, of course, you are one of the 'lucky' ones whose statements break this figure down for you.

 

It can also be argued that by not claiming this (possibly much smaller) figure, that you are allowing the bank an amount you consider IS proportionate to the costs it incurred dealing with your failed Direct Debit / Cheque etc etc.

If you had to face the enemy in court, you would at least have an arguement to show you have allowed for actual cost. Remember though, you do not have to give them it.....

 

The choice is yours........

 

2) If your case gets to the stage of court action, AND ONLY IF IT DOES, then you may claim 8% interest on each and every charge made - this is also from the DAY the charge occured.

 

Use the spreadsheet in FAQ section (or the new online calculator) which works this out for you - very simple indeed.

 

3) Additionally, we can finally complicate matters by sticking on interest on a daily basis from the time the court case is started until settlement.

 

There is also a calculation for this in FAQs.

 

If you don't understand these, it is VITAL that you spend more reading through the FAQ section. You are either about to, or have already started, a legal process to recover funds from a large financial institution - do not do so lightly - even if the evidence suggests that it is an easy process.

 

Good luck...!!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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That explains it great, thanks for that.

My actual charges come to about £600 odd with about £70 in actual interest, I think I might take your suggestion on board about using it as proof of my accepting they have some costs to incur and let the £70 go.

Thanks agin.

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  • 1 month later...

I sent my leter requesting last 6 years of charges etc( on 20.04.06) I recieved a reply of Mr Shepherd Dated 27.0.4.06, they will do as I ask without charge, to date I havent recieved a single bank statement( except my normal monthly ones).

Now I have been forced to go online and print the last 6 years statements, which gives me all the information I need on two of my accounts( Charges and interest levied) but I closed my account with them some 12 months ago out of sheer anger ( the charges that were being levied) I cannot get access to these statements online anymore, has anyone got any ideas how I can aproach this?

Thanks in Advance

 

 

Ps, since my request I have been hit with £100 in charges...grrrrrr

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Ring and ask where they are. If they try to charge you tell them about the letter you have, remind hm how many days they have left under DPA and tell them you will complain to the commissioner if you do not get the info in time.

 

Sounds like delay tactics again to me.

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Will do, They only have till Tuesday to get them to me.

Now all I need is a phone number for Mr Shpherd....

Thanks Natalie, I expect them to play a few games TBH, but I dont intend giving up so as long as I know what course of action to take at each step let them play games.

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Don't phone. Write. Send it recorded delivery. Warn them that they are in breach of the duties under the Data Protection Act and tell them that you will take action to force compliance if you do not receive the material which you have asked and which they have promised.

Only do this if you are prepared to take action. If you are not then don't bother.

 

If you are not sure how to go about this then start reading the DPA FAQ and the library material and search the forum for DPA. There is a DPA forum off the legality section and this probably contains a lot of useful information for you.

 

There are a least two or three people the moment who have begun DPA actions against the banks. It hasn't been done before but I suspect that it is going to happen rather more often now. It is risk-free and the issue simply whether or not they've supplied with material and in your case it is cut and dried. It is guaranteed victory and it will give them a good lesson that you mean business and that you intend to get your money. You can treat it as a pathfinder if you like.

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I have copied the non compliance letter and will send it, the 40 days if dated from my letter 20.04.06 ends today, do I go from my letter or there reply? dated 27-04-06.

Thanks for all your help, this site has been a constant source of support.

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I have copied the non compliance letter and will send it, the 40 days if dated from my letter 20.04.06 ends today, do I go from my letter or there reply? dated 27-04-06.

Thanks for all your help, this site has been a constant source of support.

My understanding is it would be 40 days from the date they received your letter. So if you sent it on the 20th, they should have received it on the 21st. If you sent it recorded delivery you will have the date it was received as well.., so go 40 days from then.

 

Neil.

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  • 2 weeks later...

Hello Everyone

I sent my original request for my last 6 yrs of statements back in April, I recieved a reply that they would send them on without any charge, I still havent recieved them, so last week I hand delivered a letter to my local branch reminding them of there obligation to supply me with the data( per the letter on here) we are now 9 days into the 14 and still nothing...

I now intend to take them to court to get them to give me all the info I have requested, unfortunatly after searching for the advice about my next step I am unable to locate it. I would be very grateful if someone could point me in the right direction? MOD NOTE: THREADS DULY MERGED

They have until next monday and I would like to be prepared, because I dont intend playing it nice and easy anymore, Come 9 am monday morning I will be standing outside whatever court I need to be standing outside of, ready.

 

 

Ps Thanks in Advance

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Have a look at the DPA Non-Compliance information in the Bank Template Library.

Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

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You copy the Particulars of Claim onto an N1 form (also in Templates) and take that into court (do 3 copies - one for you and 2 for the court).

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi!

 

I have waited 3 months for statements so far. I had trouble getting into my online statements online for a while but managed to in the end. I wonder if they have someone at the website control centre who makes it difficult for us BAG members!

 

HSBC tried charging me twice for them too!

 

Good luck!

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THe 14 days I allowed them for my statements is up on monday, I have managed to get two accounts details online but cannot get access to my closed account.

Is it worth confusing the issue and starting my claim for the two accounts I have details on or should I wait until I get the details of the third?

One more question, The court I need to go to to force them to give me my statements, is a local magistrates court sufficient or does is need to be a different court?

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right read the whole thread - its the county court -as has been said it must be on N1 form and you will need to take 3 copies .

You can send your prelim adding that it is an estimate due to their failure to comply with your SAR . when you do recieve all the paperwork you can then alter the amount in subsequent letters

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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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5339 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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