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Mr Rhodes -v- HSBC plc


Mr Rhodes
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Hello All :)

 

Okay I wrote to HSBC plc on 14/05/07 requesting my refund of £492.50 over the last 6 years. Please note this was before I found this site.

 

My total charges for the 6 year period were £1,017.50 but I got £525.00 back during a very heated couple of telephone calls back in November 2006.

 

I recently decided to review and sent my letter off and then found this site.

 

Anyway they have written asking me to detail all the charges that make up the £492.50 and provide the narrative on the bank statement for each charge. Who is the data controller here????

 

Anyway just thought I would join this group and post my progress / get help wherever possible.

 

I will keep posing but I will keep reading the forum to see hwat my next step is.

 

Any help and advice or pointers most welcome.

 

Thanks in advance.:)

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Did you sign a form of any kind when they made the refund?

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Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi Rooster UK,

 

No I did not sign anything. I did not even write to them it was all over the telephone.

 

I basically gave them a verbal roasting and said I was aware of the publicity concerning bank charges and was considering reviewing my statements for the last 6 years.

 

They refunded me a whole lot of recent charges of £525.00 from July 06 to October 06.

 

Nothing in writing and nothing signed. I was happy with the £525.00 but I thought in May after having a couple of run ins with British Gas and BT and the Bank that I was totally fed up with attitudes from these corporations. It stems from school when I finally beat up a bully and saw him crying (LOL) I loathe bullies in any form including coporate bullies.

 

Hence I am fighting back and found this site.:)

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Make sure that you deduct what they have already repaid, otherwise you will get nowhere.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Hi All,:)

 

Using the site to complete my schedule of charges (basically starting again) as my letter issued 14/05/07 before I found this site did not include this info just the total.

 

I had a bad time in June 06 and attracted most the charges at that time, some of which I got back via a telepohne call. HSBC have applied the following which are shown as Total Charges on my bank statement

 

18/07/06 £75.00

17/08/06 £50.00

17/09/06 £25.00

26/10/06 £75.00

 

However they are shown as Overdraft Fee in the "Summary of Bank Charges & Interest" sheet which accompanies my bank statement. This is basically an advance warning of the charges to be applied.

 

When I got my telephone refund in October 2006 the statement says:

 

30/10/06 Refund of debit interest £ 25.00

30/10/06 Refund of charges £100.00

30/10/06 Refund of charges £ 75.00

30/10/06 Refund of charges £ 50.00

30/10/06 Refund of charges £ 25.00

30/10/06 Refund of charges £ 10.00

 

I am assuming that these charges are in effect contras but can I assume this?

 

I think it would be best to include all the charges in my claim and all the refunds (negative figures in spreadsheet) to arive at a net figure so to speak.

 

Can anyone advise if I am doing this correctly or more importantly making a mistake.

 

TIA for any help and advice.:)

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Hi and thanks for the advice which makes perfect sense to me.:) and I would agree with you.:)

 

That said how I do I know which charges are the ones that have already been refunded?:???:

 

If I misallocate a refund to a charge will that then create a problem?:???:

 

The other issue here is the differing charge description between the bank statements (Total Charges) and the summary sheets (Overdraft Fee). How can they charge me an overdraft fee each month? I thought overdraft fees were annual arrangement fees?:???:

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Just go through your statements and highlight all the charges. Then look at the refunded ones and see if you can identify them going on dates and ammounts. Do it to the best of your abillity. If you do claim for a refunded charge they will spot it and adjust your total accordingly.

Have you read the charges on statements link?

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Hi freaky leaky and thanks again,:)

 

I had read that link but following your post revisited it. Basically Total Charges are reclaimable. So I can claim them back.

 

Overdraft Fees are not reclaimable when agreed.

 

Given that (a) the statement says total charges and, (b) I did not agree an overdraft fee I am therefore adding all these to my claim.

 

I am removing a stopped cheque fee of £7.50 and a temporary overdraft fee of £20.00, which I think I agreed verbally.

 

My total claim without interest is £440.00. Not sure if to :) or :( at that.

 

Anyway £440 in my pocket rather than thiers, so decided to :)

 

On the issue of refunds due to the lack of cross referencing by HSBC amd I am including all charges and deducting all refunds to (a) show all the ativity relating to my claim and (b) I am not making incorrect assumptions.

 

Many thanks for your advice and the link it helped a great deal.

 

Anyone with evidenc that what I am doing will cause me problems at the legal stage please advise urgently as I want to expedite this.

 

Thanks all:)

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i understand - if he can't identify which charges have been refunded - then it seems logical to include all charges and then subtract the amount refunded at the bottom and claim what's left - i think it looks very logical - as long as you show them exactly what you are doing and why.

 

just include all charges and then at the bottom - put a sentence like -

on xx/xx/xx, £xxx in charges were refunded to me. due to the lack of clarity in your correspondence as to which charges were returned to me - i include all charges and deduct the amount already refunded - leaving a balance of xxx in charges which i am now claiming.

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Thank you to both of you for your help, all very much appreciated.:)

 

As a newbie to this, a message to all those in a similar position, stick with it it does seem daunting at first but wth the help and existing threads you will get there. :)

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w-noujd

 

i just broke my computer!

 

hope not -

 

i meant HUMOURLESS , er no, that's HUMOURESS or in american it's humerous.

i've been taking lessons at the auburn g.e. school of typing.

 

going for my next qualification later!

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Okay it took me a couple of hours to go through my 6 years of bank statements for charges and interest :roll: but even with a small claim like mine it was well worth the time and effort.

 

I cannot say it strongly enough: STICK WITH EVERYONE:)

 

End result is £440.00 in charges (after deducting refunds) and a whopping £122.65 in excess interest charges. I nearly did not bother with the interest calculation when I worked out the relative low claim value but I was surprised at how quickly it racked up:eek:

 

My letter and schedule will be issued by Special Delivery on Monday. I will keep you all posted and thanks again for the help and advice.

 

I think I will take a closer look at those excellent spreadsheets:cool:

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aaah, now - you've touched on an important point.

 

you may not just add those interest debits (overdraft interest) charges on to your list without some backup. as you can only claim the portion of the interest that relates to your charges..... you must use the advanced spreadsheet in the library templates to calculate which portion, if any, of each charge you can claim. so, you have to enter all the charges on the advanced spreadsheet oldest charges first working to newest and - first on the charges and interest tab - this will give you a total of the charges and the overdraft interest which applies to them. then you re-do the spreadsheet on the 8% interest tab. this will give you the amount of interest which you will be able to claim - but not until the claim filing stage.

so, do the advanced spreadsheet now - see if the o/d interest is worth adding on. and you will be ahead of the game as you will also have done the 8% interest which you will be adding at the filing stage.

if you don't understand what i've just said - then it would be best to not bother with the overdraft interest at all rather than to do it incorrectly and then have the bank/solicitors throw it back at you later.

get back if you need help with this.

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Okay thanks for the advice and the link, which I will check out now.

 

Just to clarify I have used the Excel Advanced spreadsheet, which (correct me if I am wrong) apportions the debit interest charged (Column H) using a formula based on the date interest applied (Column G) and the account balance at that date (Column I).:cool:

 

Is it that simple? or is there a a more complex formula using the data in columns B,D & E relating to the charges applied?:-?

 

I note from the advanced spreadsheet when calculating interest reclaimable if my account was a postive balance then it is calculating £NIL debit interest to be reclaimed, Whereas if I was slighty Overdrawn it would allow 100% or close to 100% reclaim. Furthermore if I was heaviley overdrawn it would reduce the amount to be reclaimed.

 

This makes sense to me as the spreadsheet is claiming debit interest on the charges taking me overdrawn ONLY and therefore airing on the cautious side.

 

The total debit interest charged during the period was £175.65 whereas my claim for debit interest is currently £122.65. It seems high to me, but there again that could be the bank taking the proverbial.:-?

 

Am I missing this entirely??? - which would indeed fold my claim in favour of HSBC.:shock:

 

The 8% Statutory Interest worksheet completed itself based on the charges and debit interest worksheet data.:cool:

 

I did loose one formula in the stat int worksheet, but zeroed the field, which would be in HSBC's favour. As you say this is not required at this stage so I can revisit later.

 

I will make a copy of the spreadsheet and delve into it. I will also follow the your posts and use the link provided to check it.

 

Muchas gracias:)

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if you've used the advanced s preadsheet then fine - claim charges and the 122 in overdraft interest - you are way ahead of me. i just didn't want you to just plonk them on there in total which would be totally incorrect and believe me - many, many people have done this, which is why i go on and on about it. if you've done the advanced and that's worked it out - then fine!!!! job done!

 

use the spreadsheet for your breakddown to go with your letter - just cover over or fold back the 8% interest column til you need it later when you are doing a court claim

 

also, recorded delivery is fine (and cheaper than special delivery) you can track the delivery on-line. use it for everything you send to the bank and later to the solicitor and the court

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Okay I think I follow what you are both saying and thanks again for the advice, explanations and links.

 

The advance spreadsheet will calculate the debit interest proportionally based on the data I have entered and formulas in there. I still need to check the formulas (I trust it but I would like to understand it better and therefore be able to competently argue my case.

 

I am only claiming (1) the charges applied £440.00 and (2) allowable debit interest £122.65 (That does seem high). I am not claiming contractual interest.

 

I send the print out for my claim for charges and debit interest with my preliminary letter at this stage and again at LBA stage.

 

I only claim 8% statutory interest when I complete my MCOL. This after the 2nd 14 day deadline from the LBA. The 8% stat int is approx £140, so again not to be sniffed at.

 

If I get the charges or the debit interest wrong HSBC will use this to delay and disrupt and eventually overturn my claim.

 

Am I missing anything - my brain hurts :)

 

I will keep reading and I will keep posting - hopefully my thread will help someone else. Anyone at a similar stage let me know.

 

Cheers

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i doubt if it will help anyone else - you seem to have grasped it admirably.

100% correct. i don't understand the formula and i got my son his overdraft interest back - i think you need to be aware that they may question it - but honestly - with what you've written above - you go to the head of the class - you've got it.

read the o/d interest blurb on this: Charges description on statements - Please Read and i normally tell people - if you understand that paragraph then go ahead and claim - if not - probably best to leave it - but you've understood - so go with it.

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Cheers for the vote of confidence, it's all a bit of a minefield at first but it gets a little easier with helpful posts and links.

 

I printed off my prelimnary letter, just making an amendment by adding the explanation of deducting the refunds from the total charges, pretty much lifted the text from your post.

 

The advanced spreadsheet details all the info such as amount, date and narrative.

 

I am keen to get to the MCOL stage as the 14 days + 14 days LBA is just a waste of time from what I have seen on the threads. Also I am expecting a backlash on my Overdraft facility. Fight the good fight the outcome is pretty obvious so long at I stay committed and ignore any flack they send my way. I am also guessing the County Courts are struggling to cope and that adds to the timeframe.

 

Do you know what the score with the LTSB win when they did not even show up at court?

 

Thans and thanks again to you both for the help

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