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

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

This topic was closed on 03/07/19. 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

Got an Acknowledgment of Service today through the post. It says DG Solicitors intend to defend all of this claim. They have 28 days to file a defence. This sound right people......getting a bit worried here

Thanks Spiceskull I recieved a letter from the court today, they posted the banks on the 7th so they probably got it today, but it will be served on the 12th. Thanks all

Moneyclaim has been issued on the 7/06/06. Do I just sit tight now for either a response or 14 days? How do I know when the bank has recieved my claim? Thanks

Thanks You too, must confess I ummmed and ahhhhed a bit before doing this. I haven't claimed for interest as I felt it wasn't worth it. Keep me informed of ur progress if you remember

Moneyclaim is done and paid for. Can someone check this please, I put something along these lines and thats it. No interest. You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. You have repeatedly asked the bank to justify their charges but they have declined to do so. Just a little word of support that i have done this correctly please. Thanks

Moneyclaim is done and paid for. Can someone check this please, I put something along these lines and thats it. No interest. You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. You have repeatedly asked the bank to justify their charges but they have declined to do so. Just a little word of support that i have done this correctly please. Thanks

Ok.... I am hoping (but not expecting) for a reply from the bank in the morning. If not then I will be starting the moneyclaim complete with interest. I'm a bit surprised not to have had any real response to my LBA as many other people seemed to have had a great deal of success at this point. Thanks Ppl

Come Friday I will be filling out the moneyclaim form as I have not yet recieved any kind of offer from the bank. I have addressed all letters to my local branch and recieved replies from David L Johnson in Sheffield. Should I do the moneyclaim to my branch, Sheffield or does it not really matter? Just looking at moneyclaim now and for my sum of £1220 the court fees are £120. I didn't expect it to be this high. Thanks all

Why are some people being offered what they are claiming straight away and others do not even get a response? Does it depend on who gets the letter? Both the replies I have had said "forget it, your not getting your money back" Just venting ppl

Ok just recieved this, it appears to relate to the prelim letter not the LBA. Dear Oldjonah Thank you for your letter dated 5th May regarding charges on your account. I am sorry that you have had cause to complain. You will appreciate that it is the responsibility of the customer to ensure that sufficient cleared funds are avaliable on an account to meet the items presented for payment. Where this is not achieved items may be returned unpaid, or the account be paid overdrawn with subsequent charges accrued in line with the bank's published tariff. I would confirm that the contract between the bank and its customer is governed by HSBC's standard Terms & Conditions. In respect of unauthorised overdrafts, the relevant clauses are 6.1 to 6.6 and 8.12. In these circumstances, there is a process that involves that bank considering whether or not to pay the item. A fee is payable for this and the fess are as set out in the published price list. We enclose a copy of the relevant Terms & Conditions and a copy of the latest price list (business price list??) for your information. I can confirm that the charges have been correctly calculated and it is not the bank's usual policy to refund charges correctly applied in accordance with our published tariff. This being the case, no refund is due. Naturally I would not wish to see you inconvenienced in this matter again, particularly as you can enjoy (! huh) charges-free banking when your balance is maitained in credit or within an agreed limit. The bank has a number of methods avaliable through which you can moniter your account. Blah Blah David L Johnson This has confused me a bit, this relates to the prelim letter that i sent 5th May. The LBA was hand delivered on the 19th of May. Do I just sit tight and do the court forms next week or what? Has anyone else recieved this letter? Any advice would be gratefully recieved. Thank you

Thats weird!!! Yes did the prelim letter few weeks ago , had the standard we are looking into it response. They have had the LBA for 5 days and yet to have a response. Makes life interesting though

Hand delivered my LBA to my local branch on the 19th. The cashier helpfully faxed it straight through to god knows where and then spent 15 mins talking on the phone. Am hoping for a reply this week, although not holding out much hope of not having to do the small claims as the amount was £1100. At least they haven't shut my account or come round and lynched me.....yet

A Mr David L Johnson, with a Sheffield address. He is a customer service officer.

The 14 days of the prelimenary asking for my money back is almost over. I handed that letter in to my local branch and asked for a reciept. I got the standard we are looking into matters letter. The Letter Before Action, can I hand this in at the local branch or will I need to send it to the person who has sent the standard looking into matters letter? Thank you

I had read all the FAQ just wanted a bit of support. Anyway recieved a letter back from the HSBC this morning. Dear ****** Thank you for your letter dated ******** concerning the current circumstances on your account. I am looking into the matters you have raised and will contact you as soon as I have completed my investigations. In the meantime, I have encloses a copy of our leaflet which explains how these matters are dealt with. Not a very interesting letter. Do I stick with the 14 days that I originally gave them to respond, or do they get another 14 days from this letter? Thanks all

Hand delivered the first letter telling the HSBC what I wanted on the 5th of May. Had some issue trying to get a reciept or acknowledgement for delivery!! Suceeded in the end, had a counterfoil stamped and signed! Feeling quite nervous as the amount came to just over £1000 and haven't had any reply yet....gulp... Need someone to hold my hand I think I hope they reply within the 14 days.

I have been through the FAQ and am still uncertain with the card misuse charges and whether I can demand that the late payments are removed from my credit report. Thanks

Hi all I need some advice on what sort of charges I can claim back for. We have had about £1000 of charges in 2 years, some for unauthorised overdraft and a few for card misuse, I assume thats for using the switch card and going overdrawn. Can I claim for every charge regardless of what it was for? Thanks ppl Edited to add: I notice on the claim form the bit about the credit record. Although we have never missed a "payment" with the bank we show some late payments due to going overdrawn. Can I argue this point with the bank? Thanks