Can I Claim Charges Back?

[Feebee_71]

Hi there,

 

This is my first post on the site and so I apologise in case my question has been asked before.

 

I used to have a bank account with HSBC and closed it about 4 years ago because I got fed up with the way they were treating 'small' customers such as myself.

 

I was charged when I went over my overdraft limit and if they bounced payments (as I am sure many other people have experienced) and of course these charges were very large.

 

What I want to know is if there is any point in trying to make a claim for a return of the charges? I know if you put in a claim with a bank/building society that you have an account with they can make things difficult for you to keep the account open. What I don't know is if I can even try to claim back the charges because the account has been closed for so long and simply because it is closed. :?

 

Any advice will be greatly appreciated as these charges could amount to a pretty tidy sum over the length of time I had the account.

 

Feebee_71

[rory32]

Hi and welcome to CAG.

 

Yes you can claim the charges back. Banks hold account information for a minimum of 6 years so getting at least some of your account information shouldn't be a problem.

 

Have a read through the FAQ's here before starting the reclaiming process.

[Feebee_71]

Hi Rory32,

 

Many thanks for the info. I will start reading through the info today and will probably have lots of questions before I get down to making a claim.

 

Feebee_71

[Feebee_71]

Ok,

 

So here is my first question - and probably a stupid one at that! - I want to send an SAR to HSBC for the account I had but do I need to have the actual account number (I have moved since the account was closed and didn't keep anything to do with the account when I moved as I didn't think I would need it) or can I simply ask them for anything they hold on me - I also had a CC and a couple of loans with them in the past - I got behind on the CC and they converted it into a loan which was paid off without any problems - not sure if there would have been charges on the CC that I could also claim back.

 

Also, I saw it written in the FAQ's that you could claim for 6 years prior to you becoming aware that you could claim back. If the account goes back beyond that and the account has been closed for a few years can I claim back just for charges added since 2002 (6 years from now) or can I claim for 6 years before the account was closed?

 

Sorry for the questions but want to get things straight in my head before I start writing letters.

 

Feebee_71

[rory32]

I want to send an S.A.R - (Subject Access Request) to HSBC for the account I had but do I need to have the actual account number (I have moved since the account was closed and didn't keep anything to do with the account when I moved as I didn't think I would need it) or can I simply ask them for anything they hold on me - I also had a CC and a couple of loans with them in the past - I got behind on the CC and they converted it into a loan which was paid off without any problems - not sure if there would have been charges on the CC that I could also claim back.

The SAR covers all the information they hold on you. If you don't have account numbers you will have to provide information like your date of birth etc. but they will be able to find the account details.

 

Also, I saw it written in the FAQ's that you could claim for 6 years prior to you becoming aware that you could claim back. If the account goes back beyond that and the account has been closed for a few years can I claim back just for charges added since 2002 (6 years from now) or can I claim for 6 years before the account was closed?

While you can claim back futher than 6 years if the majority of the charges are more than 6 years old then this may endanger your claim.

[Feebee_71]

Thanks for that Rory32,

 

I will get the SAR sorted out and will then know if the majority of the charges are inside or outside then 6 year limit. I know I still had the account when I was at University and that is less then 6 years ago - I also think that a lot of the charges were added during that time.

 

Feebee_71

[sea-sidelady]

Thread moved to the HSBC forum.

[Feebee_71]

Thanks sea-sidelady,

 

I didn't want to start a new thread as I wanted to keep everything in the same place.

 

Feebee_71

[Feebee_71]

Hi,

 

Could someone please check this S.A.R - (Subject Access Request) letter out for me. It is a copy of the template letter which I have amended to suit my personal situation and to also include things like my DoB as I no longer have the account numbers.

 

If there are any changes that should be made I would appreciate the assistance before I send the letter off. I am presuming that, as I am only looking at reclaiming charges then I will be ok with signing the letter with my proper signature rather than using my name in block lettering.

 

Also, I think I had this account while I was married and so would have changed it into my married surname (although I went back to my own surname after only about 18 months) should I also include this in the letter or will the name, address and DoB be enough for them?

 

My current address My address when I had the account

 

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

 

11th November 2008

 

 

 

 

Data Protection Act 1998

Subject Access Request

 

 

 

 

 

Dear Sir/Madam

 

 

 

I previously had a current account with you as well as a credit card and a personal loan to consolidate withdrawal of the account overdraft and repayment of the credit card. I no longer have the relevant account numbers for any of these accounts having closed them. I am aware, however, that you are required to keep records of these accounts for at least 6 years so you will still be able to access them with the provided information (first name & surname, past address (where the account was registered), and my date of birth – xx/xx/xxxx.

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the former address is the one which you would have used to communicate my private business to me but I would like all correspondence to be addressed to the current address.

I would be happy to collect the Data from my local branch, Walton on Thames.

 

 

Yours faithfully,

 

 

 

 

 

 

 

Feebee_71

 

.

.

 

© Reclaim the Right Ltd.

 

[rory32]

I am presuming that, as I am only looking at reclaiming charges then I will be ok with signing the letter with my proper signature rather than using my name in block lettering.

 

Yes.

Also, I think I had this account while I was married and so would have changed it into my married surname (although I went back to my own surname after only about 18 months) should I also include this in the letter or will the name, address and DoB be enough for them?

If they need this info I'm sure they'll get in touch. I assume the account was taken out in your maiden name and then reverted back to your maiden name again, so I don't see a problem.

[Feebee_71]

Rory32,

 

Thanks for the info about signing the SAR - I have read so many threads where people are told not to sign it I thought I had better check.

 

As you assume the account was taken out in my maiden name and that is the name I reverted to when we separated and I changed everything back.

 

Feebee_71