Gimmemymoney vs HSBC

[gimmemymoney]

Hello former spenders ;-)

 

Right, I've got all of my statements and have added up all the unfair and cheeky charges. I've not been to bad with getting charged interest as I generally kept on taking out new loans in my crazy youth, so have the following:

 

In Respect of: Amount Date Incurred CHARGE RECALL S/O-D/D £28.00 23/04/2001 CHARGE RECALL S/O-D/D £28.00 03/05/2001 TOTAL CHARGES TO 08OCT2002 £27.50 30-Oct-02 TOTAL CHARGES TO 08FEB2003 £18 13-Feb-03 TOTAL CHARGES TO 08APR2003 £54 30-Apr-03 TOTAL CHARGES TO 08AUG2003 £72 30-Aug-03 TOTAL CHARGES TO 08SEP2003 £54 30-Sep-03 TOTAL CHARGES TO 08OCT2003 £36 30-Oct-03 TOTAL CHARGES TO 08NOV2003 £36 30-Nov-03 CHARGE RECALL S/O-D/D £30 08-Dec-03 TOTAL CHARGES TO 08DEC2003 £72 30-Dec-03 TOTAL CHARGES TO 08JAN2004 £54 30-Jan-04 TOTAL CHARGES TO 08MAY2004 £18 30-May-04 CHARGE RECALL S/O-D/D £30 21-Jun-04 TOTAL CHARGES TO 08JUN2004 £72 30-Jun-04 CHARGE RECALL S/O-D/D £30 20-Jul-04 CHARGE UNPAID ITEM £10 22-Jul-04 CHARGE UNPAID ITEM £10 22-Jul-04 CHARGE UNPAID ITEM £30 22-Jul-04 CHARGE RECALL S/O-D/D £30 27-Jul-04 TOTAL CHARGES TO 08JUL2004 £72 30-Jul-04 CHARGE RECALL S/O-D/D £30 09-Aug-04 TOTAL CHARGES TO 08AUG2004 £72 30-Aug-04 TOTAL CHARGES TO 08NOV2004 £36 30-Nov-04 TOTAL CHARGES TO 08DEC2004 £36 30-Dec-04 TOTAL CHARGES TO 08JAN2005 £20 30-Jan-05 TOTAL CHARGES TO 08FEB2005 £10 02-Mar-05 TOTAL CHARGES TO 08MAY2005 £100 30-May-05 TOTAL CHARGES TO 08JUN2005 £20 30-Jun-05 TOTAL CHARGES TO 08SEP2005 £20 30-Sep-05 TOTAL CHARGES TO 08DEC2005 (125 MINUS 50 REFUND) £75 30-Dec-05 TOTAL CHARGES TO 08FEB2006 £100 02-Mar-06 TOTAL CHARGES TO 08MAR2006 £19 30-Mar-06

 

Quick questions: does this look correct? Should I include with my prelim letter or just put the full amount? What are "charge unpaid item(s)"?

 

I have to say I'm slightly nervous about doing this so want to double check I'm following procedures (did spend a few days going through FAQ's and this forum)

 

Muchos gracious

[orfoster]

You need to go into the Bank Templates Library and load up the spreadsheets section, you will then work out how much they owe you in a table that you need to send in with your PRE LIM and LBA letters but make sure you don't include your 8% interest that you will see on the right hand side of the spreadsheet as this is ONLY used when you go to court. Hope this helps. Just shout if you need more help.

[gimmemymoney]

Thanks orfoster, I have used the simple-charges-calc and added all the info into the 3 columns, now I'm going to send it with my Request for repayment of charges letter that I've just finished to :

 

Service Quality Department

HSBC Plc

Arlington Business Park

Leeds

LS11 0PP

 

Is this all correct? Sounds basic but I want to make sure I'm doing everything right - I am taking on HSBC!

 

[gimmemymoney]

Hello all,

Well 14 days are up and nothing from HSBC regarding my pre-lim. Time to start putting the pressure on and letting them know I'm serious with an LBA.

To confirm: I don't include interest to my charges yet and include my statement of charges again.

I've done the letter and noticed at the bottom of the LBA:

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Could somebody explain whether it's optional as to whether I include this and if it is optional what advantages I gain from it?

HSBC - £1349.50

prelim - 11th September - no reply

[Michael Browne]

Go back to the LBA here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

and scroll down the page.

[gimmemymoney]

Thanks Michael,

 

I've read and understood the notes on the OFT. I'm just wondering what advantage I gain from including the paragraph?

 

Thanks

 

Gimmemymoney

[gimmemymoney]

bump ;-)

 

 

Can anyone help me with this - is it necessary to include:

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

I want to get my letter away today!

[Kazzy77]

no you dont have to include that paragraph. it should only be put in if you really intend to do it.

 

and theres still time to make the post office today. dont forget to Record delivery it. now.....runnnnnnnn!!! Good luck with your LBA!

 

Kaz

[gimmemymoney]

Thanks Kazzy77,

 

After doing a bit more research it seems the:

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

is for if you've been given a bad credit rating due to the charges etc. Idon't have any bad credit rating so will leave this.

Thanks for your help once again!

Cheers

Gimmemymoney

[gimmemymoney]

I didn't get a chance to post my LBA by recorded delivery and so have just printed off again with today's date. I was just about to take it to the post office when I saw an interesting post by dinahjl:

 

"Manual Intervention - the banks are only allowed to charge for services that require a member of bank staff to actually be required to personally take time to work on your account - for example when you are charged for a direct debit not being paid, the bank needs to prove that a member of staff actually had to do something - which of course they do not as everything is automated.

 

You must put this section back as it is a critical part of the argument on which the ruling has been made that allows us to reclaim these unlawful charges."

 

This wasn't included in my pre-lim letter template. Should I add this to my LBA? any help would be much apprecaited, wondering if I should have played it safe and sent my request to a company that do this for you and charge 10%....

 

[Kazzy77]

personally i'd only argue that point in court if i ever ended up there lol. I dont think HSBC are even reading our letters properly, just noting how much they owe you and printing of BS letters to scare us off until they see we mean what we say prehaps.

 

I got a stupid letter last week regarding my credit card and the woman who was replying was misquoting my previous letter repeatedly and refunded me the wrong amount of money. as i say....they dont really read what we write lol.

[gimmemymoney]

Thanks for coming back so quickly Kazzy77. I'm wondering if I've missed a step. I initally requested all statements, then did the pre-lim and now the LBA. Was in the chatroom and asked the same question and they were saying I should have done a DPA?!

 

:o

[Kazzy77]

btw,

 

I wouldnt give anyone 10% of something that u can do easily as long as you keep your nerve. Honestly, you will be ok and with the support you will get here. once its all done you can donate 5% to this site instead!

 

its just a matter of writing the letters and keeping to your timetable.

 

I absolutely promise you, if i can reclaim my charges by myself then ANYONE can lol.

[weezypoos]

HI

 

The Data Protection is really just the request for your statements. Thats usually the first step if you are unsure of how much you are owed. We are all entitled under the data protection act to view information on us held by companies etc...

[Kazzy77]

they are saying you ought to have done the Data Protection thing because with that u would have been sent all your statements plus any notes of the manual intervention but i didnt do that and many others havent either. the end result is that people still get their money back anyways.

 

they cant prove manual intervention because there isnt any and they know it, we know it, any sane judge would know it. In your prelim you asked them to provide proof that this is a service by way of showing a breakdown of what their charges entail. they didnt provide u with that because they cant. its all automated. thats all you need as proof that there is no manual intervention in my book lol.

 

Dont worry too much about the details. you have come this dar now, theres no point panicking about what u ought to have done a few steps ago.

 

I was really stressed when i started my claim but i take my mind off it by listing what im going to spoend my money on. try it, it does work, honest lol.

[gimmemymoney]

Success! I've had a letter from HSBC and this was just after my LBA. They're offering £1215 for £1349, usual blurb about how they feel they've done nothing wrong but don't want to go to a small claims court. I'm going to take it as I think it's a fair offer. Thanks for all of your help and support forum, especially Kazzy77 - you're a top girl.

 

To anyone who's sceptical with this scheme, you won't be the first or last. It's worth doing as it's easy money and feels great getting something back from the faceless corporates.

 

Cheers

Gotmymoney