Starting a claim for over 1600 pounds

[yopyop23]

Hi all

 

My first post on the site, but I've been reading through here for a few days now, and the action taken by many members and the great support from the admin and moderators has helped me to make the decision that I will take on HSBC.

 

I've taken a look through my online statements and have worked out that I am owed around 1623.50 over the last 5 years (can't put a pound sign on it sorry, keyboard layouut is a little messed up lol). I'm going to pring off a preliminary letter tomorrow and post it recorded delivery monday. I'm a little nervous as I have a 500 pound amount on my credit card and an overdraft of 300, but what the hell, I'm sick of these charges.

 

My initial prompt for this action was the fact that I phoned HSBC asking them to apply my charges on my pay day each month, which they flatly refused, I did inform them that the charge applied mid month just about always took me over my overdraft and in fact then took away any money I had left for bills, therefore leading to further charges!!! Wish me luck all. I'll keep this thread updated as I go, and although I'm nervous I'm more than prepared to take this to court.

[alanfromderby]

Hi

 

Welcome to the forum, the more people we have on board the more strength we have in our continuing fight against these unlawful charges.

 

All the best with your claim. Please keep us informed of your progress, and remember that we are all in this together. If you meet any problems, or have questions that are not answered elsewhere (and most have been), please post them to this thread. This will help other members to clearly see the history and progress you are making - and will enable people to give advice more easily.

[yopyop23]

Thought I'd mention that the amount I calculated does not include several charges of 10 pounds. I didn't include these and don't intend to include these in my preliminary letter as I believe the amount deemed unfair after investigiation into the charges is a charge exceeding 12 pound and over. Does this sound like the correct thing for me to do?

[ukdickie31]

You can't claim a service fee for the account (ie monthly fee for a certain type of account) but you can claim the actual charges.

 

Don't worry if one charge is £10, one is £15 , one is £27 etc, if they are charges, claim them back.

 

Best of luck !

[Don Quioxte]

hi and welcome..

 

errmm.. no I think you should and must include the £10 charges. The OFT threshold of £12 is simply a guideline... in their words:

 

"...a court will CERTAINLY not consider that a default fee is fair just because it is below this threshold."

 

In one of my actions against Barclays the majority of fees are "paid referral fees" all of £10 which are put on automatically when I exceed my overdraft by £25 or more... Now the legitimate administration cost to the bank is no where near £10.. and thus is disproportional to the breach of contract, and therefore would be deemed as unfair in accordance with the 1999 UTCCRs...

 

Basically, is a court really going to award "general damages" in the region of £10 for your breaches of contract? No I don't think they are. The onus is on the bank to PROVE that the charge really reflects the additional cost in administering your account...

 

SO CLAIM MY FRIEND, CLAIM IT ALL, AND MORE, CRIKEY I'M EVEN DEBATING CLAIMING COSTS FOR THE INTERNET AND PHONE BILLS INCURRED IN PURSUING MY ACTIONS.. well I'm not, but I could prove my additional admin costs quite easily - whereas the banks don't have a hope!!

[alanfromderby]

Thought I'd mention that the amount I calculated does not include several charges of 10 pounds. I didn't include these and don't intend to include these in my preliminary letter as I believe the amount deemed unfair after investigiation into the charges is a charge exceeding 12 pound and over. Does this sound like the correct thing for me to do?

 

 

The OFT announcement is irrelevant to this - it is merely an opinion of a maximum figure. The banks have still not, and will not, prove what these actions actually cost - and the law states that a penalty cannot be more than the loss incurred. If the banks choose to challenge a charge of £10, then they have to show evidence that your action cost them that amount - and if necessary, show that evidence in court - something they have consistently refused to do.

[yopyop23]

This topic was closed on 03/08/19.

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