rdm2006 v HSBC - ***WON***

[rdm2006]

My bank (HSBC:evil: ) decided (by accident or otherwise) that my wife was not my mortgage protection policy and therefore she was unable to make a sickness claim. 12 months later we listed a number of complaints against the bank, one of which was not advising me to change my policy over when i had informed them that i had taken voluntary redundancy. The bank replied to this by saying that my wife was on the policy at that time and that i should make a retrospective claim which i did. we later found that when we had taken out an equity release loan in 2002 the bank (in their infinate wisdom) had actually reduced the amount i could claim from £250 pm to £200 pm instead of adding £200 pm making a total of £450 pm. Also, as we had not been paid this money we had been charged £1200 during this period in overdraft charges. This amount has now been refunded and the mortgage protection benefit of £5400 has been paid (partly by their underwriters & partly by the bank due to its error), However, as my account was £2000 overdrawn during this period (partly due to unlawful charges) we had no alternative but to remortgage our property in 2004 (which they also made an error on in my opinion, as they did not leave us with the lowest payments possible as requested). The question is how do i stand legally as i was forced to remortgage when this was not necassary ?

 

 

If any one out there can help this would be greatly appreciated.

 

PS i wrote to hsbc (does this stand for hongkong and shanghi banking cowboys?) asking for details for as long as they hold records for (minimum 6 years legally I beleive) today

 

30/06/06 cheeky beggars, I rang today to obtain my balance and was auto diverted to an advisor, i asked why i had been diverted and was told that as i was a Valued Customer (yea right, do they really exist) they wanted to ask if i would like to change to the bank account plus I told them to PO in so many words and i wasnt talking ferries....

[rdm2006]

also i would like to know as i have a mortgage with them, can i put in my letters, whilst reclaiming charges, that if they close my account that i will assume that they no longer require my mortgage to be repaid as this has been cleared by way of compensation. That should p them off very nicely too, dont you think.

[rdm2006]

lba sent 02/07/06 £3,963

 

Co-op Barclay card and cap one BEWARE

[maverik1979]

okey dokey, keep us posted

[rdm2006]

anyone know if there is a quick way to call up your own thread ?

[Michael Browne]

Top of the page: Quick Links, then subscribed threads.

 

You can put your own thread in a separate folder so you don't have to scroll down a long list of other threads.

[rdm2006]

Sorry People Witty Alternative Names For The Banks Was Not A Good Idea

[rdm2006]

letter from bank saying charges are correct and they provide a service by choosing whether or not to pay d/d,s if a/c over limit:-x .

 

I have sent a letter to them advising that i will continue regardless and that had they not made these unlawful charges and the other mistake (combined total £12,108.23:eek: ) i would not have had to remortgage. I will let you know what happens.

 

PS how much is the court fee ?

[Michael Browne]

For claims £1000.01 to £5000 = £120 + £100 for Allocation Questionnair

[rdm2006]

what is the allocation questionair ?

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[rdm2006]

Thanks michael

Just found out i don't have to pay court fees due to level of fam tax & working tax levels will be off to court on monday to sort it out

[rdm2006]

just picked up an email from ian sheperd as i has asked him to forward an email to colin langdale for me and he says mr langdale has now retired so we will have to cross him off the contact list:confused:

[lookinforinfo]

In addition to claiming back your charges, don't forget to claim for the interest charged on any of the cherges if they were transferred to a loan account.

I also see no reason why you can't claim for repayment of interest on that part of the mortgage that represents the unlawful charges.

[rdm2006]

went to court today (17/07/06) and registered my claim hope i hear something soon (he said with fingers crossed)

[rdm2006]

Had A Court Letter Saying That It Will Be Deemed That They Received It On 24th July So They Have Until 7th Aug To Deal.

 

Not Long To Go Now

[rdm2006]

Dont beleive it. still no word from the bank. they only have until the 7th. Is this a new tactic - just pretend it isnt happenning?

[kurjam]

rdm2006 how and where did you find ut you dont have to pay court fees due to the amount of tax credits you get??

[rdm2006]

Hi Kurjam

If you go to HMCourts-Service and type in form no ex160a.This is an online leaflet and it is all in there. The actual form to complete is ex160 (no a at the end)

 

well everybody I rang the court to see if they had heard from HSBC as I had not

and the b*gg*rs have acknowledged my claim which gives them another 14 days which runs out on the 21st Aug instead of the 7th

[rdm2006]

And as if by magic - what should drop on my doormat this morning a letter offering the full amount with the usual condition to keep quiet about it. Strange thing is it is my wedding anniversary today so its a bit like getting an anniversary presy LOL

 

I have not come accross this one before on the website. Am I ok to say I will accept this as an installment of the full amount + the 8% interest which the court will allow under section 69 county courts act. I have to admit that although I included this clause on the claim form I did not include the amount on the court form as there was no way I would know how much the interest would be at the time the bank would agree payment. was this wrong ?

 

Offer made £3,968.23

[Michael Browne]

I have to admit that although I included this clause on the claim form I did not include the amount on the court form as there was no way I would know how much the interest would be at the time the bank would agree payment. was this wrong ?

 

But you would have known how much the 8% interest amounted to at the time of filing from the spreadsheet calculations and the daily rate is the amount of interest that is added each day until the banks settle

 

What exactly did you put in your claim re: s69 interest.

[rdm2006]

accordingly the claimants claim

 

a) return of charges in the sum of 3968.23

b)court costs - There wern't any so Nil

c)Interest persuant to section 69 county courts act as set out on the attached list of charges or at such a rate and for such a period as the court deams just

[Michael Browne]

OK, so you didn't state the daily charge, which on £3968 is £0.87p. Did the spreadsheet show the 8% up to that point or was it just a list of the charges?

[rdm2006]

yes the spreadsheet included the 8%

[Michael Browne]

Write to HSBC ask for this plus £0.87p per day from date of filing and say the claim is not considered settled until this is paid.