Thanks for the replies guys. I asked who the Solicitors were so that I could contact them myself. My manager did not tell me, saying she was unsure if she was supposed to. I stated that I did not want them to forward any details without me knowing who they were. However, I'm quite certain she did. I was told that credit reference agencies were allowed to request such information - but the a data controller should ensure they are who they claim to be. I'm no clearer on the matter and still quite annoyed. Arggggghhhhh!

Hi All, I really need some help regarding employee privacy rights. I have been at my place of work for just short of 8 years and they have been very good to me through prolonged periods of illness. However, I received a call from one of the managers today to inform me that they had received a letter from a solicitors firm requesting information. She would not tell me who they were or what information they wanted other than my address, although she mentioned my income and telephone number. She was clearly uncomfortable in the situation and concluded that she was bound to reply with all the relevant information. I made it clear I would rather she didn't, however, I believe she has filled out the questionaire and returned it. Now - I do not want to start a war with my employers -as I said - they have been good to me and it is a small company, so ill feeling would be difficult to avoid. But I have no idea who this firm are, why they would be contacting my employer or even how - I have never given out any of my employment details to my recollection. Nor do I give my telephone number out to anyone but friends, family and my employer as I cannot abide nuisance calls - not even the bank have my number!!! I am concerned that there is something amiss as I have had my identity stolen in the past and suffered bank fraud - this was my main concern with anyone giving my details out to a company I do not know of, that have not contacted me and now have most of my very personal inormation. I would greatly appreciate any advice regarding my rights to privacy. I trust the information she refered to was on computer and so maybe the Data Protection Act is relevant. I could understand if it were a court or the Police - but surely not any old firm can ask for and be given my private information? HELP!

I'm amazed how low they will stoop Macedonian! DS, I actually went into a branch and told HSBC over the phone several times of my condition. They told me I could consider a further loan (early in the year) or look elsewhere (CAB) for financial advice. Shock horror - lots of help. But I'm considering starting this claim with a recap letter and stressing my condition, pointing out their previous offer and so on. I really am trying to figure out which road is best travelled given the time delay of my entire claim! As I understood, the FOS was also in a state of shutdown on these matters until the test case had concluded! No?

Thanks DS, I've just had a scan at Simon's story and will go through it properly bit by bit. I'm not on benefits. My workplace were great and kept me on throughout - however, due to my contract, I don't get paid - just their support and a job waiting for me. I had been back to work since diagnosed because I had improved and was fit to.......briefly. I survive financially through family and partner's support. Within the last year my credit score has plummeted and to make things worse - simply out of the blue.....HSBC wrote to inform me that my OD was to be revoked (I now have to pay £100 off the balance each month!!!). I hadn't been over my agreed limit and I had the min. required finances going through my account to pay rent! Within the last year they also revoked my CC.....I still have an active, up to date loan with them. I'm now getting dozens of missed calls from them from 8AM through to late evening as I rarely carry my phone anymore!! I'm not entirely sure how I could argue that my hardship was purely down to the charges........my head already hurts! I wonder how HSBC's credit score is holding up with all the recent CCJ's and bailiff visits! Really - I'm just trying to consider everything properly before approaching the beastly bank again!

Hi Macedonian, more good advice to consider. When you say it's almost impossible to win a claim now - do you mean a charges claim or a hardship claim? I was uplifted by a TV article I saw this week which highlighted cases of success in recent weeks. It didn't refer to the stagnant court situation though, just a brief mention of the test case.

Just out of curiosity.......what is the general opinion on the outcome of the test case?

Thanks to both of you for such quick responses! I had seen the matter mentioned on Money Saving Expert and thought it may be worth a look at given that my local county court (Brentford) is placing the stay on cases. At the moment I have not got an active claim. I originally started my claim in January, followed the process using CAG's advice and templates. I was made an offer substantially lower than the amount I was claiming for and so did not accept the offer. However, I had been diagnosed with cancer last December and this ultimately interfered with the whole process and only now am I able to approach the matter again. So, this is why I was wondering if it would be a fruitless task for which I would only be met by a stay....of execution! I simply cannot afford to stump up court fees for little reason. Any suggestions are gratefully received..

Hi All, I am interested if anyone has much knowledge in regards to a stay or suspensions of claims from being applied in cases where there are financial difficulties. I understand that these are known as hardship cases, but I'm not too familiar with them. I had a quick glance through examples of hardship that are likely to be considered and trust it would apply to me. However, other than the template for an application for removal of stay - I can't seem to find much info! Any help? Thanks

So, anymore advice before the ink hits the paper guys? Beggng and pleading aside!

Well, hopefully!!! That's the plan, as little stress as possible!

Hi Pete, Thanks for your advice again! Think it would have been best to keep my thread seperate....but it's been mashed together!!! Anyway, I've not started a schedule for my CC with HSBC, because oddly enough they have never added any cherges other than interest...no penalty fees at all when I missed payments & I've never been over my limit on it! I'm going to draft my new letter to HSBC on Monday, after I've done my homework....slowly but surely. Thanks all!

Hi Pinkdutchess, I received a lot of great help last time and knew I'd be in good company coming back for guidance. Thanks for your support, it's all needed and well received!

Hi Rayne, Thanks for the reply and your support. I think that's the route I'll take, but I'm going to read around a little more and wait a couple of days for any additional advice before I send the letter, just so I know where I am. I'll let you know how the draft goes! Fingers crossed!

Hi To All, I started a claim initially back in March. I sent my prelim and LBA with a full breakdown with each letter and sent them recorded delivery. I followed all the guidance from this (fantastic) website and used the template letters. Following my prelim, I received a standard 'we'll look into your complaint', after two weeks I sent my LBA to which I received an offer letter. My claim was for £3069, the offer was for £1681, explaining how I was clearly misguided, their charges being lawful and so on. One week later they sent another letter stating they had not heard from me and presumed the matter was closed. Now, to explain, the delay from sending my LBA and taking any court action AND the reason I didn't respond to their offer was, that of being seriously ill and in and out of hospital after major surgery in December and being diagnosed with cancer which obviously required treatment since. And only now am I well enough to be able to deal with this again. So, before I begin any new correspondance, I wanted to seek any advice you guys could offer. I was thinking I would send another LBA style letter acknowledging the offer and incorporating the 'response to settlement offer' letter. However, I recently learnt that my credit card with HSBC was defaulted and closed in September. They did not let me know at all, I was making a slightly reduced fixed fee each month after missing a couple of payments. Three days after my surgery HSBC insisted I go to a branch to discuss my account and had frozen my current account as a result until I did.....I hadn't even been discharged at this point and needed money for my prescriptions and food for when I was. So I was also wondering if I can now incorporate the 'removel of default' request into my claim for my current account, considering HSBC can link the two accounts when they see fit. Any advice you guys can offer will be very much appreciated and extremely valuable to me. As you can imagine finances have been very tight theses last 6 months. Thanks and good luck to all fellow fighters.

I did miss payments (3 I think) and I don't think they actually added any extra charges in that time other than interest, so I can't really argue the defaults at any case. Unless maybe I argue that I only had the credit card as a result of being charged unlawfully on my regular account. TBH I just want to get my unlawful charges back and pay off my HSBC OD, CC and eventually, loan and get rid of them forever!!!!!! I still can't believe they never told me the account was closed since September and that had I not queried it today I may not have found out for months on end!!!! Such a circus!!!

AAAAAAAAARRRRRRRRRRGGGGGGGGGGHHHHHHHHHHHHH! Another problem thanks to the w*nk**s!!!!!!

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!!!!!!

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!

Also, from what I understand, HSBC only appear to close accounts after a second claim, not the first. The process is to send the Prelim, then 14 days later the LBA. Generally 14 days after this you would start claims through the court process by filing an MCOL or N1 form both similar but I believe one is the online version and one hard copy. Then you may need to fill out an AQ if the bank keep delaying. This is a very brief summary! You really should read around the threads as much as you can as there is so much great advice and guidance. Plus it's quite motivating and the support network will give you confidence. If I'm wrong on the process I'm sure one of the experienced guys will correct me. GOOD LUCK!

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!!!!!!!

Hoping that's the case Netty!

Good luck Jo!

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!!

When I've been in similar situations, money out and then in on same day, I've heard it all. The first general rule I was told, was that all credits necessary to cover debits should be deposited before 3PM on the day in question to cover such matters. Recently, however, they paid out several DD that I had enough in my account to cover, then two other DD (showing last out on my statement) being much larger amounts to HSBC themselves. Oddly enough, HSBC honoured the last two, bounced the other dozen and charged me an instant penalty on each. That day I put enough money in to cover all outgoings by 3PM. I questioned the penalties and bounced DD, they said that all money had to be in my account at the start of that day. So, obviously there is NO GENERAL RULE! Only the one that nets them the most money. May be worth clarifying the charge with the bank as it may possibly (Ha!) be an error!

I don't want to be a party pooper, BUT..... even tho they've closed the account I would not think it would be written off, not the £7k anyway....perhaps the £700. I would check your credit score with Experian and maybe even contact DCA, they usually 'buy' debts as far as I understand and are probably just trying to find you. I hope I'm wrong tho!