lolly371 v HSBC ***WON***

[lolly371]

thanks pete.he has had a phone call back from the bank, and they have now gone through everything and will get back to us with a decision, but i will still send them a letter with a timescale as you suggest, because they didnt know how long it would take to get it all sorted, and i dont want them to sit on it for weeks on end. they did say on the phone that they can see quite clearly the struggle we have had, but knowing hsbc it wont make the slightest difference.

[Castlebest]

Well I think the biggest thing if HSBC don't come up with something is proving to the FOS you have done everything in your power to try to sort it out, from a letter they can see exactly what you have done.

 

pete

[lolly371]

very true. i have got quite an impressive collection of letters, now, and also i have made notes of everything that has happened since i started the case, covering telephone conversations, letters to and from the court and the bank, and anything at all relevant, so i feel pretty confident that i can prove my side of things. i am also thinking of S.A.R - (Subject Access Request)'ing them as i used internet banking to find out all of the charges, so i would like to see what else there is, and i know that on occasions their advice over the telephone has been slightly dubious, to say the least, so there may be something in their call logs i could use.

[Castlebest]

The more information you get hold of the stronger you can make your case although even if you get them to send everything they have its not guaranteed it will be everything they should have.

 

See Realymad's comments on the last couple of pages of her thread

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/102134-reallymad-hsbc.html

 

pete

[lolly371]

See Realymad's comments on the last couple of pages of her thread

 

pete

 

blimey! and i thought they'd messed me around!!!

[jansus]

See the announcement today from alanof derby_ they are looking for details of cases such as yours to report to the fsa

 

 

jan

[lolly371]

i've sent an email. thanks, jan.

[lolly371]

it has been two weeks since my oh spoke to the bank and discussed the matter of hardship. we heard nothing from them so he called them back. they acknowledge that we are indeed suffering hardship, but they can offer us no solutions, and will not be refunding our charges until they hear the decision from the test case. he then phoned the onbudsman to inform them, who told him that until he has it in writing from the bank, which can take eight weeks, there is nothing more we can do. the bank wins, yet again!! i am so angry. what is the point of the ombudsman if all they are going to do is play right into the hands of the bank? the eight weeks will basically take us up to a couple of days before my oh is due in court for his application to remove the stay. it all seems so pointless, i was hoping to avoid court, as my oh doesnt know anything about the case, i have done it all for him, and he just accepts anything the bank tells him, so i can only see one result happening in court.

[Castlebest]

Hiya Lolly, did your OH get any names of who he was talking to? if he did just write to them confirming the telephone conversation and throw that at the FOS

 

If not try phoning again and getting names of people who are telling you these things and ask for it to be confirmed in writing, then you write and confirm it anyway

 

pete

[lolly371]

he spoke to the same person who had taken the details previously, so he already had her details. i will start writing a letter, then, and see how i get on. thanks, i was starting to feel like giving up, to be honest. i have taken a close look at my finances recently, and since we have both abandoned our hsbc accounts, we are managing fairly well, so i could argue that if hsbc refunded me my charges, it would make all the difference between us surviving this rocky patch, or not.

[lolly371]

the removal of stay hearing is in a few days time, and i have received the banks argument. they are saying that while my oh is arguing financial hardship he has provided no proof of the fact. a short while ago he sent the soliciters a copy of his income/expenditure form from the cccs, which will be included in the bundle i have prepared, which contains copies of all written correspondance between my oh and hsbc. he also had the conversation a few weeks ago where he spent over an hour discussing both of our financial situations to somebody at hsbc, but they have never sent him written confirmation of this result, in a final decision. is this enough to argue with, or have the soliciters got us by the short and curlies? also, could somebody please advise me as to whether he needs anything more to take to court, please?

[Castlebest]

Hiya Lolly, all you can do is prove they are lying, but to be honest with you I don't think it will make much difference. We are only a few weeks away from the test case now so I think your judge will uphold the stay .

 

But having said that, no one can ever be certain so take copies of everything with you so if your judge wants proof you can show him

 

best of luck

 

pete

[jailbird]

Sorry to but in but send them copies of you IS, DLA, Council Tax ect. Also tell them there is not need to PROVE hardship they already have it on THEIR sceen as your only incone!

 

Also put an email together with the same documents as above but send it to dyfrgjohn @hsbc.com he is the CEO. My case started moving after I sent me email to HIM.

 

Good Luck

 

Chris:D

[lolly371]

We are only a few weeks away from the test case now so I think your judge will uphold the stay .

 

i thought you might say that, its what i was thinking, and to be honest we've been waiting for so long now, i'm past caring, really, its just the principle, it makes my blood boil that they think they can do what they like and say what they like and we'll just sit back and take it.

 

Sorry to but in but send them copies of you IS, DLA, Council Tax ect. Also tell them there is not need to PROVE hardship they already have it on THEIR sceen as your only incone!

we tried something along those lines in the telephone conversation and they just said that we could have a load of cash stashed away somewhere else for all they knew! my oh argued that if that was the case, then surely we wouldn't need to be falling behind on repayments, risking losing our home etc and their reply was that they needed proof, end of story.

Also put an email together with the same documents as above but send it to dyfrgjohn @hsbc.com he is the CEO. My case started moving after I sent me email to HIM.

 

Good Luck

 

Chris:D

thanks i'll try that:)

[Audreygreeneyes]

Hi Lolly,

 

This is most likely nto what you wish to hear but I knwo of 2 cases this week where the parties had court hearings for repossesions and HSBC did nothing, they did nto respond to letters, emails or phone calls, they did phone just as they were entering the court room!!.....

 

guess what they did send a letter saying fill in this form and we will consider what we can do to help, perhaps a "loan" yup I can hear the groans from here........

 

my advice to both parties was to pass the stuff over to the OFT as I am sure that is not what they meant in the waiver..........lol.........

 

would be good if the journalist who posted on my thread would run this kind of story as opposed to the wins!!!!

 

 

 

good luck with your hearing I do hope you win, but it looks very much like the banks have priority over the actual law........... the courts own cpr do not come into play.......

 

the bully boys of big business..........

[lolly371]

thanks for the word of warning audrey. to be honest, i'm not feeling optimistic, the court case just feels like a waste of time. if it weren't for the fact that a no show would ruin the entire case, i would be telling my oh not to bother turning up.

[Castlebest]

Oh its worth going Lolly... I went again today its worth it for the experience, dont be intimidated its actualy quite good fun .

 

pete

[Audreygreeneyes]

how did oyu get on Pete?

[Castlebest]

I had a nice discussion with the judge, was only me and him and the recorder there asked him why he had used Haynes v HSBC rather than Carlisle v Clidesdale and he said he felt Haynes was a newer case.

 

so I'm stayed like everyone else

 

pete

[lolly371]

i'm sorry to hear that, pete, but on the other hand, i'm pleased that you had an enjoyable day out. i must admit if theres one good thing about hsbc, its that you do get a good laugh from time to time. i had a nice conversation with somebody a couple of days ago, and when i asked him awkward questions, he kept repeating the same answers over and over again, so i asked him if he was reading from a script. he went quiet, so i guess the script doesn't cover that particular scenario!!

[ANDENA]

can any body give me advice i emailed hsbc to say wanted to settle managed loan so dont put interest on.you see the money from D/LINE DID NOT GO IN FRIDAYto pay it off.so monday was going to go in and see them at hsbc but husband rushed into hospital with collapsed lung so been their all the time went on line tonight and found they charged £106.79 interest on.i was fuming so payment due 16 dec.now do i deduct interest that has been added on or wait to see what settlement figure they come up with. i have money to pay whole amount £10,000 but i want to see if they give me a good figure,can somebody help me,i did email saturday but the screen went blank so i dont think they got email,i had to ring to get back on please help me as i am not thinking straight at moment due to husband in hospital.

[lolly371]

hello everybody, i thought i should update you. my oh finally made it to court, after the stay case being postponed due to a backlog. the judge was most sympathetic and gave the hsbc a serious talking to about the way they have treated this case and their customers in general, and sent the sheepish looking solicitor off to phone the bosses to see if they were prepared to make an offer there and then, but the answer was no. the judge then adjourned the case for a few weeks to give us chance to provide more recent financial details (they were about 6 months old as a result of all the waiting). at the second hearing, the next judge was also sympathetic, but as our financial situation had now improved (we have ditched the hsbc account and let them apply their charges to their hearts content and so no longer have any charges every month so we are back in control of our finances again,) he could not remove the stay. however, shortly after, we received a letter from the ombudsman saying that hsbc had offered to clear the overdraft and close our account, as a gesture of 'goodwill'(the overdraft was almost the same amount as our claim) and if the bank lost the test case we could reinstate our claim for any shortfall.

I THINK THAT MEANS WE WON!!!!!!!!!

obviously, we accepted!!

obviously

[Castlebest]

Hiya Lolly and well done I think in the present circumstances you have made the right choice and who knows, when this test case malarkey is all over you could be back for the bit they still owe you .

 

So Congratulations!!!

 

pete

[lolly371]

thanks pete. im feeling pretty chuffed, i must admit. i just wish all those others could have their own situations resolved so satisfactorally. still, i have faith, its only a matter of time.

[freakyleaky]

Congrats Lolly. Excellent news.