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Abandon All Fear

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. Hey Don, thanks for the reply, Firstly the terms of the Graduate Account was: up to 1 year after graduating - £1500 limit up to 2 years after graduating - £1000 limit up to 3 years after graduating - £500 limit 4 years... hopefully all settled. When they withdrew the facilities I was in year 2, and I am now near the end of year 3. There was some contact with them, but no warning of the downgrading. Here is the history of what happened: After Uni I started getting real wages into my account, but the problem was when the overdraft limit came up I couldn't withdraw anymore cash and so was finding myself without any money for 2-3 weeks every month. I needed to manage it, HSBC would not give me any extension on the overdraft so my only option as I saw it was to open another account. In 2004 I opened a basic account with Alliance & Leicester. I then changed over my wages, DD's and SO's to the new account. I called up HSBC as I had also a Graduate Loan with them (which they also would not extend) and needed the account details of the grad loan to pay into from my new account. I don't have the a record of the conversation so from memory they said they could not give me those details, I enquired as to why and they said that the loan was linked to the account. I said that I was going to pay from my new account, they said I could not do that, I said tough and basically ended the conversation there. I don't remember at any point them warning me they would downgrade my account. So the next month a default notice came through, so this time I contacted the branch manager and explained, she gave me the account details for the graduate loan... all settled. Next month the statements come through and I discover they have taken away my OD alltogether and charged me interest. I notice my account is no longer Graduate but Current. I had, had enough of talking to them by this time, I found them rude, unsympathetic and unhelpful ever since my final year of uni, so I just accepted it and didn't think it could be changed. 12 months later I noticed they were putting my SO into my account first then taking it for the loan. so I changed the SO back to the account so making 1 payment instead of 2- At the time I was paying 1 for the OD and 1 for the loan. They then sent another default notice through because of this (they somehow rejected the new SO and therefore prevented it from paying the loan). They cleared it and started taking the SO. I noticed again, then next month they re-introduced the OD facility. Both times no phone call and no letter to agree removal of OD or re-instatement. The re-instated OD was not the Graduate OD with free interest. I feel this has been a fudge. I acknowledge if they had written to me and notified me they were withdrawing it I wouldn't have a leg to stand on but I feel that they have not acted within their own banking code to notify 30 days in advance. Also, another update: Recieved a letter from them this morning to state they have acted within their t and c's. They also state that at the time of removing the OD facility they tried to contact me "either verbally or in writing"... obviously he doesn't know and is LYING! They reckon they have acted in accordance with the DPA 1998 and OFT directive 4 April 2006. They also advise it may be "mutually beneficial" for me to seek alternate bankers! Does this mean they are threatening the closure of my account? HELP!
  4. So I have now submitted my claim online. Since I am claiming for interest from the withdrawal of my graduate overdraft, I have modified the claim to reference the Unfair Terms in Consumer Contract Regs 1999: and schedule 2, So sit tight now and see if they make an offer or go to court. Will update with outcome.
  5. Hi, I apologise in advance for opening another post, but I've had no replies this is my first time. I've posted my case here. However I just need some last minute guidance. Today I will be filling out money claim as HSBC have not offered full refund. My case is not standard as I don't just want to claim charges. 2 years ago as a graduate I had a graduate account with them but they switched it to a standard account removing my interest free overdraft and started charging me 15%. A year later they seemed to restore the overdraft but carried on with 15% interest charges. They did this each time without any notice whatsoever. Therefore I feel there was some fudging of my account, this is what I want to sue them for. Ive done some research myself into the legislation- see my original post, I just wondered if anyone had some concrete legislation to refer to or had already done something like this? I will also be reporting them for 2x default notices as a consequence. Really appreciate any help or advice offered!
  6. Well I am 2 days away from taking action. Since I want to make a claim against my bank not only for charges but for switching my account status (Graduate to basic with no o/d) and charging me interest, I really could use some help! Looking at The Unfair Terms in Consumer Contracts Regulations 1999 (UTiCCR), would I be correct in highlighting their actions as illegal under Section 5 (1-4): And Schedule 2.1 (g, h and i): If someone could confirm I have this right for my specific case then that would be great!
  7. I sent my LBA letter on 26th May and have this time received prompt reply! Response Part A Response Part B I have now been offered: 12 months re-instatement of my overdraft facility (no mention of interest free graduate) 2 months arrears of my student loan paid up and refunded the charges (but not the other charges from the last 6 years) They've even sent me a Student/Graduate booklet with application forms for a credit card and student account?!?! I have also been advised they believe they will successfully resist any legal challenges in court! Mighty generous then, considering they would win, why bother offering a partial refund? However they have not, as I requested, re-instated the Graduate status of my account with refund of interest charges for the last 2 1/2 years. So I am thinking I should just go right ahead with legal action. I suspect they realise they have acted underhand and therefore realise it could be slightly embarrassing to have this come out in the open in court. So this is my first time at throwing the book at the bank, I'm fully prepared to go to court. But since this is slightly different from a charges refunded case, does anyone have any advice on claiming back mostly interest for their 'fiddling' of my account and the interest free overdraft:confused:
  8. Just an update: No response from A&L, has anyone else had this problem? Anyway sent the LBA letter on 26th May with 14 days deadline! Modified it just to re-iterate my point about the dd charges incurred as a result of their incompetence.
  9. Had a response from HSBC today. Page 1 Page 2 Page 3 I notice Page 3 seems to be an additional disclaimer: "I hope that you will be entirely happy with the attached response and as a consequence your complaint can now be considered resolved" (my emphasis). Is this because they are now receiving a lot of these and they are trying to debunk the claim process, i.e. If you don't respond and attempt to discuss with them, they can bring it up as a defence? I will now respond with a second letter warning of court action. I will also confirm I am not satisfied with the response and that I feel there has been an abuse of process with the changing status of my account.
  10. Hello all, I have banked with HSBC since 1990 and converted to a Student Account in 1999 for university. Pretty obvious what happened next, however my main concern is what happened with my account after Uni. In 2003 I graduated and converted up to Graduate Account- all these great flyers appearing telling me of different benefits (none of which I got to see)! Then after a few warnings of exceeding OD limit I contacted over the phone to say I couldn't pay up straight away. They just kept sending usual warnings and I ignored. I changed over my account to an A&L one in 2004, then soon after, they converted down my Grad. Account to a basic one. They cancelled the overdraft and started charging 15%- no notice or warning:eek: . I am convinced this is unfair and breaches consumer acts. A year later they re-instated the overdraft (no notice or consultation again), but not the Graduate Account, so continued to charge 15% interest. Even if they were entitled to withdraw the Grad account, surely they have offered me a new product without my agreement (overdraft re-instatement). Therefore they are already in breach on one account. Anyway here is the letter and I appreciate any advice.
  11. Hi, I have been with A&L for approximately 2 years, when I switched from HSBC (evil 's) and in 2 years have accrued about £400 in charges. I also did a switch from standard current account to Premier account last year, which I understand by law all DDs and SOs should be done within 3 days on your behalf. Well I also discovered this month that a number of those DDs didnt actually get transferred and now I have been charged by those creditors. So I am writing my letter to request charges + dd charges. Not sure if I should contact the third party creditors instead for their charges but I thought what the heck, why not just lump it all on A&L for them to sort out because its their cock-up! My Letter: I will be sending this letter tomorrow, unless anyone has any suggestions or corrections to make:confused:
  12. Hi Guys, I'm a newbie, this is my first post and I will soon be posting my own claim to HSBC, Alliance & Leicester, and some loan companies. I totally agree with Kraik. Half my problem has always been being charged an extra £30 taking me further into red and depleting my ability to level up and reducing my next wages. If we were sent invoices it would make the whole process transparent and allow us the time to find the money needed to pay what was owed. However, one problem with this, the sheeple of this country would then see directly how much they were being fleeced. This would leave the banks exposed to protest and millions of claims. Perhaps this idea is something we can write to our MPs about. Is there already something in law already that allows us to request some sort of invoice, rather than the bank just dipping into our pocket?
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