Help with claim

[lateralus]

no, it doesn't matter if you wait passed the 14 days -

you file the claim when you have the money to do it - that's fine.

you can add on any new charges they may have put on to your account right up to filing the claim.

 

the thing is - new claims aren't going to be dealt with until after the oft test case which is at least march 2008 - so you are really just putting yourself in line to be dealt with later. this isn't going to just happen like it has been up to now. if you are really stretched - i'd think the best thing to do is - to save up til you have the filing fee and see what's going on at that point - you've let the bank know you aren't happy and they are going to have to deal with you sometime - but not now - so i wouldn't be too concerned that you can't file just yet - that may work out ok for you - just keep an eye on here and see what people are saying a couple of months down the line. but don't give up - listen to the news and you'll hear how this court thing goes.

[Kiewee123]

Just got another letter from them that says: (this is going to be alot of typing...)

 

We refer to your complain on bank charges. We believe that your complain concerns the level, fairness, or lawfulness of the charges. If it concerns something else, such as an administrative error, please let us know.

 

We do not agree that our charges are in any way unfair or unenforceable.

 

Since we last wrote to you, the bank (with several other banks) has become involved in legal proceedings with the office of fair trading ("OFT") on bank charges which we believe will resolve the legal issues about the fairness and legality of your bank charges.

 

It would be out normal approach to resolve your complain through our internal complaints process as quickly as possible. However, until the determination of the legal issues in the above proceedings, we have asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We can assure you we have registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as quickly as possible.

 

We are sorry that we have no been able to respond in full to your complaint now, but we (together with the FSA and the OFT) this that it is necessary to resolve the key legal issues before we decide how we should respond to your complaint.

 

Obviously, exactly what will happen next will depend on the courts. We do not know how long the case will take - we have promised to the proceed as quickly as possible but inevitably given the importance of the issues being considered, this may take many months to finally resolve. But we can assure you that once the legal proceedings are completed we will resolve your complaint as quickly as possible. IF at that stage you do not agree with out conclusions you will of course be able to refer your case to the Financial Ombudsman Service ("FOS") (or to the courts).

 

Should you decide to refer your case to the Financial Ombudsman Service ("FOS"), you should be aware that we have asked post the FOS and the courts to not proceed with any other case they are hearing until the test case is resolved. The FOS has indicated as a general proposition that it will indeed not proceed with cases which rely on the legal issues being considered in the test case.

 

Similarly, you should be aware that if you choose to issue a claim in the courts, we will immediately apply to the Court for an order to stay you action until resolution on the bank's proceedings with the OFT.

 

The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it and we can assure you that this will not be the case.

 

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latests position on out website at Home: personal, business, online, internet, banking: HSBC Bank UK.

 

Yours Sincerely,

 

Jim Large

General Manager UK Operations

 

 

Well that was a challenge on my touch typing.... Excuse any errors...

 

So what now?

[Kiewee123]

Anyone?!

[FREDERICKY]

I received exact same letter from same person and am asking same question had no reply yet but keep an eye on my thread and i will watch yours

[Kiewee123]

Ok I think post people that look don't want to read my long, long, message... ;]

[FREDERICKY]

I would if I could but i cant type very fast and it would have took 3 days

[Kiewee123]

Took me about 10 mins. It's harder when your copying something because you have to look at only the thing your copying from. :]

 

Feel free to link to my post in your thread.

[Michael Browne]

So what now?

See here:

OFT Test Case: Advice on What to do

OFT Test claim: What this means for you

OFT v The Banks: Read This if You're Worried

OFT v Banks - **Don't panic!!!**

 

If you file at court it is likely (although not absolutely certain) to be stayed, but by filing you will ensure that your earliset charges will not be time barred by the 6 year limit and you will be gaining s69 8% interesty in the meantime.

[Kiewee123]

Thanks for your reply MIchael.

 

Can you (or someone else) rephrase the following in lame-man terms?

 

"If you file at court it is likely (although not absolutely certain) to be stayed, but by filing you will ensure that your earliset charges will not be time barred by the 6 year limit and you will be gaining s69 8% interesty in the meantime."

 

Excuse my stupidity.

[Michael Browne]

You can only claim charges from the date 6 years before the date you file at court. Even though the OFT has said this won't apply to stayed claims, by filing at court now, you will ensure that charges from Aug 2001 will not be time barred.

Again s 69 8% interest can only be claimed once you have filed at court, so even though your claim may be stayed, you will still gain interest at the daily rate.

[Kiewee123]

You can only claim charges from the date 6 years before the date you file at court. Even though the OFT has said this won't apply to stayed claims, by filing at court now, you will ensure that charges from Aug 2001 will not be time barred.

Again s 69 8% interest can only be claimed once you have filed at court, so even though your claim may be stayed, you will still gain interest at the daily rate.

Thankyou. Where/how to I apply to the courts, and can I do it online still?

[Audreygreeneyes]

moneyclaim online but expect it to be automatically stayed............. then you apply to have it removed..........

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

[Michael Browne]

Far, far better to file using N1 at your local court. You may have the stay removed, whereas the chances of that happening via MCOL are virtually non-existent

[Michael Browne]

See here:

N1 Claims form in .PDF format with form filling

N1 Claims form in .PDF format with form filling

New N1 POC's for Abbey, A&L, Barclays, Co-op, Halifax, HSBC, Lloyds, NatWest, Yorkshire

http://www.consumeractiongroup.c o....lates-library

[Kiewee123]

Thanks for all your help!

[Kiewee123]

Sorry to bump an old thread, but does anyone know the process what the bank is doing? I just want to know what I should do now, its been quite a while since I was last contacted by them.

[jowalshy]

I think that they are basically using the OFT test case to an advantage by applying a stay on all claims until the result. Have you filed your claim yet with the court?

[Kiewee123]

Nope, I haven't.

[jowalshy]

The trouble is that, I don't think you will get anything back from HSBC until the outcome of the OFT case in January. If you file a claim now, you will also be entitled to the statutory 8% interest from the date of the first charge (and the others of course) to the date the claim is settled. HSBC will not settle prior to the outcome so you may have to wait a while for any response from them.

[Kiewee123]

So... here I am again, years down the line, asking the same question.

 

What now? Where do I stand in reclaiming?

 

Thank you to whoever updates me!

 

Regards

Kieron

[yourbank]

All on hold and keep a watching brief

[Kiewee123]

Still? I last did the whole 'hardship' malarky - failed terribly really. I got a reply refusing to offer anything at all.

[yourbank]

Still? I last did the whole 'hardship' malarky - failed terribly really. I got a reply refusing to offer anything at all.

Any priority debt arrears(mortgage/rent, council tax, utilities)?

Did you complete I&E form and send arrears notices?

Is the account still being used as your main one?

[Kiewee123]

Yes, account is still used as main. When I contacted them they offered a Managed Loan of some sort, that is all. I have a loan with them, am struggling with bills, cut off BT phone, been unemployed for past 7 months, plus the Egg card which is maxed out.

[yourbank]

Yes, account is still used as main. When I contacted them they offered a Managed Loan of some sort, that is all. I have a loan with them, am struggling with bills, cut off BT phone, been unemployed for past 7 months, plus the Egg card which is maxed out.

Still incurring charges today currently?

No payment plans in place for arrears, no?