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andylowe04 v hsbc **WON**


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I guess I am one of the many who saw the program on back charges a couple of weeks ago...

 

I sent my first letter Subject Access Request letter on 06/06/06. Rang up today to be told "We have no record of having received your letter" :mad: and that "HSBC have not paid out on a single claim yet" :eek:.

 

Posts in other forums seem to disagree though! :cool:

 

The way I see it, I have several thousand to claim back over the past six years (bearing in mond they have charged me £271 in the last 30 days alone!).

 

So it begins...

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"HSBC have not paid out on a single claim yet" :eek:.

 

Posts in other forums seem to disagree though! :cool:

 

 

 

 

Well well, a blatant fib if you ask me!

I have personally sent all my letters by recorded delivery, some may feel this is a bit over the top, but years on ebay have shown me that as soon as you mention the fact it's been signed for the letter then suddenly turns up by some miracle.

You can access your history on the on line banking (I had some trouble with mine, but most don't) and get the amounts from there.

Wecome to the site, enjoy yourself!

 

Crusher:grin:

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Ahhh, the good old "we've not received it" excuse.

 

Send again, either by recorded or special delivery or by handing in at a branch and obtaining a receipt.

 

Thay reckon they've not paid out on a single claim? Right yeah! Although having said that, I don't think any of the claims against them have actually reached court - all have been settled before it has actually been allocated to a court and on a "without any admission of liability" basis so I guess, depending on what context you look at it in, they could be correct.

 

Good luck with yours, we'll be watching and waiting to answer any questions.

 

OC.

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  • 2 weeks later...

Funny, but since my phone call my letter seems to have turned up. Sent to "The Manager" at my local branch.

 

They have also agreed to waive the charge for the subject data access request!

 

My statements should be arriving in the next few days apparently...

 

Watch this space!

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  • 2 weeks later...

Hi All,

 

I have finally received all of my statements and am about to begin the task of trawling through them.

 

Can someone please advise exactly what charge I am allowed to claim back as there are so many different types I don't know what I am allowed to claim.

 

Cheers,

 

Andy

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Well, I have done my sums, my main account came to £2978 (£3516.64 including interest), and my bills account came to £1716.50 (£1994.44 incluing interest).

 

However, my dilema is that if I claim back with interest as at today, the total comes to £5511.08 which is outside of the small claims court remit isn't it...

 

Can anyone offer any advice on how best to proceed now.

 

Cheers,

 

Andy

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is the interest you have calculated, the 8% interest?, or the overdraft interest?, if its the 8% dont worry as the £5k upper limit is non inclusive of interest, therefore you're total claim would be £4694.50 net of interest

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Thanks for that Maverick, however, I have just read your other post on "Charges description on statements - Please Read" and hadn't included overdraft interest, so there may be more to go on the £4694.50 net. Downside, I will have to trawl back through approx 300 pages of statements to add all that up too! Doh!

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i take it you read the part of my sticky post where i explained the difficulties in calculating overdraft interest reclaiming?

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta ;)

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

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Right, got the overdraft interest thing now after a very helpful and informative PM from Vampiress.

 

Cheers Vamp! ;)

 

Preliminary approach for repayment will be in the post by the end of the day...

 

Will keep y'all posted... :cool:

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Cheeky b*stards, sent off my letter to hsbc via recorded delivery, today went to put petrol in my bike to go to work and my card was declined :-x . Eventually got it sorted (meant dragging my girlfriend out of work as they were threatening to call the police!).

 

Came into work, checked my online banking, in the past 3 weeks I have been charged £420 (excluding overdraft interest) on my two HSBC accounts :eek: .

 

These charges weren't in my letters so I have phoned them this morning and played hell asking them how if they are taking nearly a third of my monthly net salary how I am supposed to cope :confused: .

 

But get this, since I have been a good customer for over 10 years, as a good will gesture, they are willing to offer me a refund of £30 - i.e. my last returned DD charge! How generous! :-x

 

The best thing is, without these charges both of my accounts would still be in credit!!!!

 

Time to find a new bank methinks!!!

 

:cool:

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in the past 3 weeks I have been charged £420 :eek: .

 

they are taking nearly a third of my monthly net salary how I am supposed to cope :confused: .

 

The best thing is, without these charges both of my accounts would still be in credit!!!!

 

Time to find a new bank methinks!!!

 

I think you are right!!!

 

:cool:

 

Well it seems that the co-op are good so I was reading last night.....

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Their chargse still seem a bit steep though:

 

Unauthorised overdraft charges (when you overdraw by more than £100 without prior arrangement or have exceeded your overdraft arrangement)

 

 

 

Monthly service charge
£25.00 per month

 

Daily charge

(charged for each day your unauthorised balance increases - up to a maximum of 5 days per month).£15.00 per day

 

Debit interest rate
2.21% per month,

29.9% EAR*

 

Unpaid Items

This charge may be applied if cheques, standing order or Direct Debits cannot be paid due to lack of funds or where you use your cheque guarantee facility or Visa debit card to create or extend an existing overdraft. £35.00

 

 

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Hey crusher - your 1000th post!!!

 

And yes.... I am stalking you!!! ;)

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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  • 2 weeks later...

Not long now....

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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  • 2 weeks later...

Afternoon all,

 

Just a quick question. I have discovered that I can file a money claim online via www.moneyclaim.gov.uk

 

Is this worth doing or am I better off waiting for the forms and filing the claim via the post?

 

Also, if I was to file the claim online, could I simply copy and paste the particulars of claim from the url below?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html

 

Any advice would be greatly appreciated.

 

Cheers,

 

Andy :cool:

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You can download N1 here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

and paste the POC from your link, this won't fit on moneyclaim which is limited to 1080 characters and 24 lines.

 

Particulars of Claim for moneyclaim:

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

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How would I word the particular of claims as I have two caaounts with HSBC. My main confusion is over the interest section and how I list the interest for the two accounts.

 

Cheers,

 

Andy

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Just put both a/c no's, and the amount claimed and interest each as 1 figure.

 

Once you have a claim no. send copies of the schedules for the 2 a/c's to the court clearly marked with the claim no.

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  • 2 weeks later...

baited breath.....

 

(but I recon you only have a week or so to wait before your offer drops on the mat.....):D

  • Confused 1

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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