No Statements as of yet

[KPH 1]

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

[Guest Lueeze]

Jointly...Send 1 cheque for 10 quid then wait and wait and wait till you get them

[KPH 1]

Thanks Lueeze, love the avatar by the way:cool:

[Guest Lueeze]

Ta very muchly

[KPH 1]

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.

[KPH 1]

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

[jonni2bad 1,817]

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...!!

[KPH 1]

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.

[KPH 1]

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

[natalie 323]

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.

[KPH 1]

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.

[BankFodder 1,979]

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.

[KPH 1]

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.

[neilloffhagen 9]

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.

[KPH 1]

Thanks, I'll do that.

[KPH 1]

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

[alanfromderby 2,000]

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

[KPH 1]

Done Alan, thanks.

So I literally go to my local County Court on day 14 now then Alan with this particluars of claim letter?

[jonni2bad 1,817]

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).

[FERRIER2079 1]

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!

[KPH 1]

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?

[Janet-M 1,266]

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

[KPH 1]

This topic was closed on 2019-03-08.

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