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Stabiloboss v HSBC - Much Help Needed


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Hi Bong,

 

I'm a fairly new user and have recently sent a basic claim to HSBC for unlawful charges for the last six years plus overdraft interest charges that I pointed out I would not have incurred had it not been for these unlawful charges.

Do you think it would be worth me going back further, to 1998 when I turned 18 and started receiving charges!! And to add interest from then onwards at 8%?

I believed that interest should not be applied for until making a court claim.

I have sent both prelim and LBA to HSBC and they have until 24th March.

Is it worth sending a revised claim with these additional amounts or to just carry on as started? And if I do add additional charges do I have to give them 14 days for each letter again? I have to admit, I have no idea what compound interest is either!?!?!?!

Any advice would be much appreciated.

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hi stabiloboss, if you start a thread I'll pop over and give you my opinion there so that this thread doesn't go off track and you can keep a record of your progress in one place. You could copy the text here into a new thread.

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Hi All!

 

I'm fairly new to this. So could do with as much help and advice as possible.

 

So, here goes. I have already sent a prelim and LBA to HSBC to reclaim charges for the past 6 years totalling £3069 (without interest).:o

 

12 days after the prelim, they sent me a standard letter of acknowledgement and a leaflet, which funnily enough stated that they will send a letter of acknowledgement within 5 days.:p

Since then I sent the LBA and have heard nothing since, their 14 days of notice will expire on 26th of March.

 

During this time I have wondered about 2 other approaches.

 

The first being; should I go further back than 6 years? After reading Bong's thread I'm eager to, but quite uncertain on how to go about this.

 

The second; Should I keep communications open and ongoing, calling them and emailing them to remind them I'm here, or just stick to the letters?

 

Although, both would involve extending the 2 x 14 day periods. However, I cannot afford the court costs for a few weeks anyhow, so it may be worth pushing them until then.:confused:

The address I've sent both letters to is Arlington Business Centre in Leeds, is that right?

 

Any advice would be much appreciated and good luck to all of you on the same mission!

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If you have to delay submitting your claim to the Court anyway I see no reason why you shouldn’t keep up the barrage to HSBC, it will let them know you aren’t going to go away and might get you an offer.

As for claiming over 6 years, there is no legal president (rules for the Judges to follow) you would have to prove HSBC concealed what they were doing from you and argue your case with the solicitors.

You could carry on with your simple "give me my money back" claim for the current 6 year period and then do a second claim for the earlier period afterwards when you have the finances from the first claim. Just make sure any settlement agreements from the first claim are date specific to the period you have claimed for.

pete

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My advice would be, if you are going to make a claim for charges over 6 years ago, that you do it all together in one claim. The reason being that if you submit a second claim later on, just for the charges older than 6 years, there is a distinct possibility that they will succeed in having the claim struck out. The only reason I was able to pursue a claim for longer than 6 years was that there was a case to answer for the charges within 6 years and as I refused to take a part payment of the 6 years charges, they wouldn't go to court, because that would have meant a ruling on the charges being unlawful.

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The other possibility is one I am pursuing and that is to make it clear in your acceptance of an offer that you agree not to claim for charges within a certain the same dates as your original claim again. But make it clear that you may claim for charges both before and after those dates. What I am going to do is submit a new claim for recent charges since my MCOL and also for the years previous to the original claim. To Bong's point these will be in one claim and therefore be easier to claim back than just going after the ones possibly affected by limitations.

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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Well Wow & thanks for such quick replies!

 

Ok, as I said, it'll be a couple of weeks before I can afford to go through the court process, so given your advice so far (especially the legendary Bong), I guess I should go for the full whack this time around. Another benefit is that they are less likely to close my account if I only make one claim....right?

 

But how should I go about it? Should I send a letter that says, well actually, I've changed my mind and want more cash people!!!!! And what kind of time period shall I give them this time?

Shall I just start from scratch again? 14 days for a prelim with the additional years and then the LBA, or straight to the LBA with additional years and one fortnight only?

 

How do you guys think I should approach it and what statutes/ precedent should I cite?

I've looked through a good few threads but find it all very daunting and confusing?!?!?!

And as for compound interest, can anyone let this dumb one know what the hell that is?

 

 

 

SOB!

 

Thank's so much for all your wisdom guys!

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hiya,

both 6+ claims and contractual interest claims require the utmost knowledge - bong is the 'queen of all this'. i'd just say that if you're going down this route, make sure that if it ever went to court, you'd have absolutely every avenue covered (like bong), or forget it!

good luck though in whatever you do

If i've been helpful in any way....then tip my scales over there!

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Thanks Netty, I willl definitely do my homework.

 

Bong, I saw your new thread, which most definitely does help.

 

 

I've been reading a few other threads tonight and see that there is a big problem getting statements further back than 6 years. If this the case then I'm pretty stuffed, I haven't got any myself. Although, I am considering applying the average monthly rule. You know, where I calculate it myself based on the costs I do have (which is the last six years). May be overly complicated though!

 

Thanks guys and keep the great advice and support coming!

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nope in a nutshell!!!

seems like dg are not answering emails or phonecalls at the mo. probably because of the pressure they're under with all the claims they've got to deal with. you could try sending the 'odd one', but don't expect a reply until they're ready to deal with your case. don't want to appear to be the party pooper, but that's reality at the mo.

If i've been helpful in any way....then tip my scales over there!

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Not even as far as dealing with DG at the mo'. only approaching 28 day limit!

 

they'll become your best friends when your time comes, but i'm advising only to get in touch with them if it's crucial at the mo - this may change in the future, they're just not responding until they're ready to do so.

 

i'm talking out my backside again aren't i? you mean phone hsbc not dg doh!!

If i've been helpful in any way....then tip my scales over there!

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Yup! HSBC, DG don't know I actually exist yet.

 

I've decided not to go further back than six years ago, being a busy bee and balancing life in general is too much as it is without having to fight like an alley cat. So, I'm going to stick to my original plan; HSBC first, then MINT/RBS, then Barclaycard. The second two aren't substantial, but every penny counts. Needless to say, it also gives me a little satisfaction that I can do something about all the times they screwed me and made my day so miserable.

 

So, it will remain that Bong is almighty. I may just call HSBC tomorrow to see if they plan to respond to my LBA. And carry on reading up on the neverending advice and threads on this fabulous sight!

 

Can't do any harm, right?

Even tho it's pointless, it'll be something else for them to log onto my claim!!

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Well, I gave it a go today. I called the number on the standard letter from Colin Langdale; 08456 028 006. There was the standard hold music and When a lady answered the call I told her I wanted to enquire about the status of my claim request. She told me that they try to adhere to an 8 week time frame set out by the FSA and I sould receive an offer within that time. Now, I was very surprised not to be told to get lost or a basic, your enquiry is being dealt with! But to actually be told an offer would be made within the 8 weeks from my first letter. I let her know that I would be proceeding with a claim as I couldn't be sure the offer would be satisfactory and thanked her for her time!

 

But, a new problem has arisen for mor me that I could really do with some advice on.

 

Around Christmas I cashed two cheques with Cash Express/ Cash Converters. It was crimbo, I'd been very ill and I was strapped for cash. They charge around £15 per hundred and so I went away with £170 in my pocket, I thought this was abetter option compared to getting in trouble with the bank. The cheques are dated 28 days later.

On the relevant day I put enough money in to cover the cheques, but HSBC bounced them, charging me £35 each cheque. They were represented and cleared. To this point they had cost me an additional £70 that HSBC refused to refund, despite the money being credited on the same day within banking hours.

 

Now, my problem is, a company called Certegy have sent me several letters since regarding the cheques. Two letters each time which are identical apart from their reference to two different cheques. The first letter was to inform me the cheques had bounced and they would re-deposit them. I ignored the letter as I knew the cheques would cash and I had expected them to do this.

However, each letter also detailed an additional charge of £48.50 in charges. As I had not recalled signing anything and the letter indicated that not paying would merely leave my name on a list saying my cheques bounced one time, I chose to ignore the extortionate charges. Especially as I wasn't interested in using the service again.

 

Each letter states that the charges are detailed overleaf, but it's not clear how they have calculated them.

 

The charges overleaf are detailed as follows;

 

Redeposit of Cheque £10.00

Cheque returned unpaid £10.00

Cheque returned payment stopped £20.00

Cheque returned account closed £20.00

Letter Charge £10.00

Referring account to external debt collection agency £50

Setting up payment plan instalments £10 or 15% (whichever is greater)

 

So I can't figure out how £48.50 was calculated.

 

Anyhow, the letters I received today state that if I do not respond they will send my account to a DCA.

 

So, should I pay them and add the 2 x £48.50 to my charges from HSBC, detailing why.

Tell them to get lost and send them a letter stating I have no intention of paying, that the charges are disproportionate to their costs and likely unlawful, threaten to report them to the financial ombudsman, and will fight all the way, etc.

 

Any advice would be much appreciated and guidance on how to start such a letter if necessary.

 

I just can't see how they can justify cashing two cheques for one hundred and charging me a total of £63.50 for each when they bounced on top of HSBC's charges!!!!!!!:mad:

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They can try, just like HSBC tried with your bank charges. Have asked a couple of other peeps to look at this too with way more legal experience than me but here are my thoughts for now.

 

Firstly I don’t think you will recover anything additional from HSBC because these are 3rd party charges they will view it as nothing to do with them.

 

So you should write back to whoever is threatening you preferably on CAG headed paper stating the charges are outrageous, you believe them to be unlawful and demand to see how their costs are built up. Then state you have forwarded their letters to the financial ombudsman and do it. (You should have a letter from uncle Colin outlining the procedure for doing this, most of us have if not PM me and I will send you the wording) state that any effort to recover these unlawful charges will be resisted at whatever level they care to adopt.

 

If you receive a county court summons defend it stating exactly what it says in the particulars of claim here about unlawful charges as grounds for your defence and again ask for disclosure of their cost build up. They can do nothing without the county courts backing and with those levels of profiteering they won’t get it.

 

pete

 

note to mod's: yes I know profiteering is normaly a banned word but I belive in this instance is justified.

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First thoughts are that the charges from Certegy are nothing to do with HSBC so there's no point pursuing them, I'd think they'd have a very good argument thant the damages are too remote.

 

Secondly I'd write to Certegy (whoever they are - do they own cash converters?) and say you dispute the charges, that they're a penalty charge and therefore unlawful etc.

 

There's something else I need to check up on but I'll have to do that later / done that, not relevant to this.

If in doubt read the

FAQs

 

If still in doubt - ask!

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I've just read this thread, and one of the other members on here has blasted me a PM to ask you a question...

 

Have you thought about involving your MP?

 

I'll PM you for more... but I think it could REALLY help in your case! ;)

 

Dave

Dave

____________________________________________________

HSBC: Settled - Offered full refund 2 days before MCOL - £2934.50

(Thread here)

Lloyds TSB: Settled - Offered full refund 2 weeks before MCOL - £650 (Thread here)

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Ok!

 

I'll try and just approach Cinergy to tell them I'm not willing to pay, the charges seem unlawful and I'm willing to argue the point!

 

Where shall I start, a letter similar to the prelim?

 

Thanks again guys!

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I've just called HSBc regarding my credit card account.

When I became ill, I fell behind with payments and entered into a payment plan with them which I've stuck to very well, never faultering. They told me that the plan would be reviewed a few months down the line. My statements kept coming, I am paying £100 a month on a balance of now £2600. The interest is being charged at £48 a month, so I'm actually paying off just £52 a month. I decided to call and increase the payments to get my account in order and to ask when my card would be back in order and useable again, as it's useful for online protection.

I was informed that my account was closed down permanantly in September, and when I asked why they had not told me, they said they didn't have to!!!!!

 

I'm sooooo sick of HSBC!!!!!!:mad:

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