HSBC Charges / Managed loans

[johnnymitch]

I wouldn't bones - or they'll start the 40 days from that letter .......

 

If it comes to the crunch, your telephone conversation should have been recorded........

[MARTIN3030]

Yes ok-the golden rule-always keep things in writing keep a copy and send with proof of posting (recorded delivery )

 

It need not be long winded.

 

 

So here you are;

 

 

 

Dear xxxxx (data controllers name)

 

 

Further to your letter of XXXXXXXX and the Telephone call of XXXXXXXXX in relation to my subject access request made on XXXXXXXXXXX.

 

Can I please clarify that my request was for copy account statements for;

 

1.My former Bank account with yourselves from opening to closing/present.

 

2.Copy statements and any associated paperwork relating to my Loan account with yourselves.

 

3.Copy account statements in relation to credit cards issued to me by yourselves/card issuers associated with yourselves.

 

I trust you can now process my request in compliance of the Data Protection Act.

 

 

Yours Sincerely

 

XXXXXXXXXXX

[bones01]

hi ,

have recieved a letter today saying they are taking our converation as the date ( not mind really as long as get it )

but the ppi i have to reapply to find out what charged to different address and send another £10 and that manual intervention cannot be supplied as screen shots ???

is this correct ?

thanks

[bones01]

sorry to bump , is it too soon again ?

L:)

[johnnymitch]

:(Sorry , bones01 - missed your post .....

 

Is that a reply to Martin 3030's letter , or haven't they got that yet ?

 

They are just being dowright obstructive about this bones 01 - but they've still got to produce within the 40 days from your conversation.(If they admit to the conversation ...........)

 

Also , if they are the company which has your Credit Card account , they have to produce that info as well , no matter where it is lodged in their consortium. The Data Controller is responsible for digging this out and producing it - I think they're playing for more time and another 40days ---

don't let them get away with it ....

 

If you haven't had a reply yet to Martins letter , wait and see what that says or, alternatively , post the PPI query in the PPI forum - you'll probably get a more detailed answer from there .... they are very good....

[bones01]

no i never got round to sending that letter as they said 40 days from the date of the conversation and i just thought i would end up gettint it and i was only a week or so difference , but now they are being daft!

should i send the letter as above and amend it to include that ppi is related to any loans/ cc that i have had with them selves so they are legally obliged to produce the ppi on the statements & hopw would you suggest wording that they wont include manual intervention as screen shots ?

 

really appreciate your help

x

[bones01]

bump sorry

x

[bones01]

hi just bit of advice needed please , have had another response form hsbc they are just avoiding the question of how the managed loan figures are calculated and keep send ing me printouts of what have paid

This has been going on since 23rd feb . How can i take this futher that they are just avoiding answering me as they know they are wrong ?

thanks

[johnnymitch]

Hi bones 01 - really annoying aren't they ?

 

There a re many useful templates on here , but in this case No 17 is the one you want ....... give them 7 working days to reply then consider a court order ..... come back if you need more info ......

[johnnymitch]

btw - have you posted your PPI query on their forum ?

[bones01]

no not yet have sent the letter above and am awaiting the response from them before i do .

With reagrds to letter 17 that is for the sar , they still have till the 11th for them to reply to that , this is regarding the managed loan as sent seperate letter as advised above regarding getting them to admit the interest calculations were wrong , so loan would become unenforcable ...... Is this still the right letter do i just delete the sar bits and refer to my letter

 

thanks you for the advice , i really feel like they think i know what i am talking about now lol......

;0

[johnnymitch]

I don't think that the SAR call-up letter is appropriate then bones 01 , - I think you just have to send a stronger letter to force them to agree /disagree with your calculations ........

 

If that fails , then maybe a court has to decide - but that's a long way off yet .....

 

And I'm sure by now they are sure you know what you're talking about - that's why they're trying to duck out .....

[bones01]

have sent off a bit of a hesh e mail saying they have 7 days to respond or i will take this futher , no sure where to at the mo but somewhere ha ha ....

Will let you know response

not holding my breath though .

Can i put the account in dispute and stop paying if they dont answer me as the figures dont add up , or have i got to wait for them to say they are wrong , cause they are just dragging it out , to get more payments as they obviously know i am going to stop ?

thanks

[bones01]

bump on the above please :0

also they have till sat to send sar and no sign yet , so no 17 is the one to send ?? , will have ready as am goimg away sat aft so will post before go!

thanks you

[johnnymitch]

Yes , bones01 after the 40 days send No 17 on the template list ...

[bones01]

Me again can anyone pleae just confirm the best address to be sending my non compliance of the SAR letter to . is it the one that replied to me about dealing with the matter or should i send it to the main address ?

can some one just post the one i should use please?

thankyou

x

[johnnymitch]

There you go bones 01 -

 

Data Protection Act

 

HSBC Bank Plc

Service Quality Team

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

[bones01]

thanks that the one i had but have got lots of different ones floating around in my head and think i confused my self

thanks will be sending the non compliance letter tue as that is their 40 days

[johnnymitch]

Go get 'em , bones ! ...........

[bones01]

good news , got my sar details today , not sure if everything was there as it is MASSIVE ha ha , so going to start wading through it . I did notice they had said in brief letter that 3 of the loans were not inc as they were older than 6 years ago , is that right ?

 

Also i recieved a letter of them regarding the managed loan , saying the interest calculated was in error on their part "a system Anomoly " that has made the payments 10p short each month (due to something about leap years when they were telling me on the phone ) , they should be blah blah , but were put as blah blah and they are just assuring me they will not be persuing me for the extra £14 odd at the end of the loan that would be left to be paid !.

 

Am i right in thinking that this loan is march 07 ( so pre april 07) and they are admiting to putting the prescribed terms wrongly on the cca , so are mis stated , which there for makes it un enforcable , even with a court order ??????

 

Please please tell me that i am right and can now dispute and never pay again this shocking amount of interest that have been paying for years ????

 

thanks guys !!

x

[johnnymitch]

good news , got my sar details today , not sure if everything was there as it is MASSIVE ha ha , so going to start wading through it . I did notice they had said in brief letter that 3 of the loans were not inc as they were older than 6 years ago , is that right ?

 

If the Loans finished more than 6 years ago then I would say you probably won't get any joy unless you really push it ...... but if they finished after the 6 -year deadline they should still have the whole package I would think . They're not going to throw out stuff leaving an incomplete active file.

Also i recieved a letter of them regarding the managed loan , saying the interest calculated was in error on their part "a system Anomoly " that has made the payments 10p short each month (due to something about leap years when they were telling me on the phone ) , they should be blah blah , but were put as blah blah and they are just assuring me they will not be persuing me for the extra £14 odd at the end of the loan that would be left to be paid !.

 

Am i right in thinking that this loan is march 07 ( so pre april 07) and they are admiting to putting the prescribed terms wrongly on the cca , so are mis stated , which there for makes it un enforcable , even with a court order ??????

 

Have a read of this thread bones01 ....it may help you decide..... I have guided you to the relevant bits from #21 but it may help to read the whole thread when you have time .........

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/190821-hsbc-does-incorrect-unenforceable-2.html#post2071445

 

Please please tell me that i am right and can now dispute and never pay again this shocking amount of interest that have been paying for years ????

 

thanks guys !!

x

 

You're welcome bones .....

And of course come back if you have any more questions .......

[bones01]

i have sent them a copy of the letter making a ful and final offer of the credits already made to the account .

Its plain as i can see it they have admitted they have done the prescribed terms wrong , and it clearly states their is no room for menouvre so so be it .....

Let battle commence ha ha am sure it will , they are not going to take this lightly ......

 

Now next they have my claim for charges and have said they are waiting till court case , how do i get it to the court stage as they have just replied saying to wait ! but i am not able to claim interest this way am i ?

what would you advise ?

thanks johnnymitch x x x x

[johnnymitch]

If this is the claim for refund of Current Account charges bones 01, then the next step is to send them a 'Letter Before Action' (LBA ) - giving them 14 days to cough up or you start court action .......

 

This is the link you want for that :

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/112-letter-before-action-bank-charges.html

 

If it's for refund of Credit Card charges the OFT court case does not affect them - so either way , carry on regardless .........

 

And you are right , the 8% interest doesn't kick in until you get your claim to court - so remember to leave that off your 'List of Charges reclaimed' when you send your LBA ......

 

If you look at the templates list below it gives you them in pretty much chronological order ... but you know to come back and ask if you're in any doubt

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[bones01]

hi all , still no response to my letter about the incorrect terms and not paying . Have cancelled my dd and am trying to close the accounts , i have a few with hsbc should i close them all or leave one open ?

Is it ok to still claim charges back etc with no runing accounts ?

thanks guys x

[johnnymitch]

Hi bones (btw love the avatar !)

 

Personally , I think if you leave one account open they can take money from it to service a 'supposed' debt on another account - (called 'Right of Set-off' and it's legal !) , so it may be in your interest to close them all .

 

And yes , it is still OK to claim back charges from accounts which are no longer running - if they're within the 6-year time frame . Lot's of people have done that after opening a parachute account .......