Times Up! (now what???)

[LukeT]

Hi thanks for looking,

 

To bring you up to date, I have sent the DPA letter including the cheque and have recieved a very polite letter waiving any fees with the cheque included. The copies of statements are on the way. However the letter is unclear as to whether any 'manual intervention' has occured.

 

The letter states that "many systems are automated" and that "manual intervention by staff may be required from time to time".

 

I realise that this information is needed in order for me to continue, I would appreciate any advice in what my next step should be.

 

Thanks again,

 

Luke.

[Don Quioxte]

Na you don't need this info to continue. If that is what they have decided to furnish you with in response to your request re: manual intervention then that implies there is no further disclosure to give - that is to say they have nothing detailed on their records which can clearly identify instances where they have had to do anything other than generate automatedresponses or standard administrative processes that are too remote to be attributable to you specifically as an individual customer.

 

Don't worry about it (I never really gave much credence in the whole "manual intervention" malarkey), as the chances of a bank actually keeping records that could actually prove beyond reasonable doubt that such instances occurred and that the were directly attributable to your account conduct alone is virtually impossible. It is simply a phrase that provides them with ooporunity to defend their unlawful charges - and ensures that they cannot spring something on you should the matter ever reach court - which as you know is highly unlikely.

 

Just crack on with calculating your charges and submitting your prelim letter.

 

Good luck.

[LukeT]

Many thanks for your quick response!

 

I will continue with calculating the charges, gonna take a while I recieved 34 envelopes yesterday, having a little trouble figuring out the abreviations. I am assuming (dangerous I know) that I am looking for DR CHARGE

RECALL S/O - D/D

Thanks

[Don Quioxte]

Best way is to literally get a highlight pen and highlight any obvious DR Charge itemss - plus DR's that you are unsure of. I amsure someone with a Halifax account will be along imminently to advise you more specifically.

[LukeT]

Great, I'll crack on, I appreciate the guidance. I'll keep you posted with my progress.

[LukeT]

I've realised that I haven't sent a summary or list of all the charges I'm claiming for in my preliminary approach for payment letter, I've only included the total amount. Could anyone offer me any advice in this matter, do I send it in separately or re-send the letter or have i balls'd it up?

 

Thanks

[gordonhall]

No, you're fine. You have several cahnces to do it yet. You could attach the figures to your 2nd letter, or send it to them seperately when you apply to moneyclaim.

 

You're fine so far...

[LukeT]

Thanks very much, I thought I may have gone and ruined it for a second i'll send it along with my second letter.

[HSBCrusher]

No probs, It will be ok!

Keep us posted!

[LukeT]

Graduate Account

Total Claim £956

 

I've been looking around the threads but I have a few questions.

I am at the stage of having sent my first request for payment of chrages, the 14 days are up today and not a single letter or phone call, nothing! I realise that I now need to send the letter before action.

This is where I get stuck;

 

When do I need to fill out the Moneyclaim form?

 

Is it gonna cost me?

 

Is now a good time to open a new account?

 

Have I missed anything?

 

Sorry for being a little slow, this seemed simple until I actually started the claim!

[caro]

Go back and check out the FAQ's, it's all in there. You do the Moneyclaim when your 14 days after the LBA expires. Letter Before Action. Action is the Moneyclaim. Now is a very good time to open an account. Yes it will cost you but you will get it back if/when you win.

 

Just keep reading.

[Bookworm]

 

Translation: Why don't you read the FAQs? (and the step-by-step?)

 

Please don't tell me you have, because I KNOW that can not be true. The questions you ask are answered there. Except the question "have I missed anything?" ...which I have answered above.

 

And one more thing: In future, could you please keep to one thread? Starting a new thread every time you have a question or update does not help us, it does not help you. Thank you.

[LukeT]

Thanks for the reply, I really do appreciate the help and I will continue to browse.

[LukeT]

My appologies, you're right I haven't found the step by step. How do I continue a previouse thread?

[Bookworm]

Like you just have , post reply to your existing one. Well done. :grin:

[LukeT]

Thanks, its been a long day and I've never been known for my compuper skills.

[LukeT]

Had a nice letter this morning telling me that they feel that they would be confident that they would win in court. However they are prepared to offer me £860.00 of the £956 that I am claiming.

I know at this point everyone will say great, accept as a downpayment and crack on, but I am so tempted to take it and run (leaving a donation of course). With the difference being just £94 is it worth the continued stress? I just don't know?????????

[HSBCrusher]

Well done mate!

If your'e happy, grab it and run!

Congrats and all that!

 

Crusher:D

[Spiceskull]

Had a nice letter this morning telling me that they feel that they would be confident that they would win in court. However they are prepared to offer me £860.00 of the £956 that I am claiming.

I know at this point everyone will say great, accept as a downpayment and crack on, but I am so tempted to take it and run (leaving a donation of course). With the difference being just £94 is it worth the continued stress? I just don't know?????????

Hi Luke,

 

It is your decision alone, and no-one would berate you for accepting the offer. However, I am sure that most people will agree that a bank offering 90% can be persuaded to pay up the full amount - £94 is a good meal out for two, with a celebratory bottle of bubbly thrown in for good measure...

 

Well done, and let us know what you decide...

 

To see the steps I took to recover unfair bank charges with the help of Consumer Action Group, please read my thread Spiceskull v HSBC.

[gordonhall]

I really think this offering of most of the amount - 90% in your case, 83% in mine, is just their way of clawing back some small semblance of victory. Crazy.

 

Yep, you're right, the £94 is so small its hardly worth the fight, and as I've said on these forums before, you have to pick your fights in life carefully.

 

As always, its your decision, and your money. If you have the spare time and aren't being worked up over the whole process, then I'd say go for it. For many people its quite an exhilerating feeling to take the banks to court. For others, its nothing but a drain on time, resources and emotions.

 

Which ever way you choose, you did yourself proud.

[caro]

I really think this offering of most of the amount - 90% in your case, 83% in mine, is just their way of clawing back some small semblance of victory. Crazy.

 

Yep, you're right, the £94 is so small its hardly worth the fight, and as I've said on these forums before, you have to pick your fights in life carefully.

 

As always, its your decision, and your money. If you have the spare time and aren't being worked up over the whole process, then I'd say go for it. For many people its quite an exhilerating feeling to take the banks to court. For others, its nothing but a drain on time, resources and emotions.

 

Which ever way you choose, you did yourself proud.

 

I see exactly where you are coming from on this, and I do agree that it is up to the individual to decide what is right for them. However the more people take them to court and/or hold out for the full amount, the sooner the banks will get the message that they need to stop trying to fob us off with offers of anything less than what is rightfully the consumers.

 

Well done though LukeT. I would go for 100% but it is your claim and you are in control, so it's up to you.

[Movingon]

I guess I would be quite nonplussed in my reply; I would be confused as to why they would offer only 10% less than a full settlement - are they that short of 94 quid? Does it help anyone to withhold that amount? Personally I've been quite chilled out over this whole process and have enjoyed immensely watching various financial bodies squirming frantically while reading around these forums. Personally I would write back in this "confused" vein, accepting the 90% but fully prepared to continue my action until it is fully settled.

[LukeT]

I've decided to accept the amount offered, I have a lot to juggle in life and am planning a trip to OZ so could really do with the money asap. However my acceptance was sent on the 16th, registered of course and I haven't heard anything yet. Does anyone have any idea on average how long this usually takes? Thanks for all your input, its been really helpful.

[maverik1979]

you could try giving the solicitors a ring to see whats going on

[LukeT]

I haven't dealt with any solicitors at this point.