HSBX Bank overdraft and charges.

[llama247]

Hello All,

 

I had a student account with an overdraft,

which has been passed on a DCA,

now I did speak to them numerous times over the phone ages ago but that was before I knew better.

 

Now I am kind of stuck on what to do as I had told them before that I could not afford the repayments as I was a student.

 

Could I try to reclaim anything?

[BRIGADIER2JCS]

Since the OFT lost the test case on bank charges, charges on ODs and current accounts are not reclaimable.

[llama247]

Okay so is there anything else I could do?

[dx100uk]

tell us the story please

 

and how old are these debts?

 

who is chasing you?

 

have you looked on your credit file to see whats there [see below]

 

dx

[Dougal16T]

Since the OFT lost the test case on bank charges, charges on ODs and current accounts are not reclaimable.

 

Morning all,

 

Whilst BRIGADIER2JC is currently right, all I would like to say is 'It is not over until it is over.......!!..'

 

A read of my posts under 'HDR - v - HSBC', might help........

 

Best wishes all,

 

Dougal

 

[Dougal16T]

Since the OFT lost the test case on bank charges, charges on ODs and current accounts are not reclaimable.

 

Morning all,

 

Whilst BRIGADIER2JC is currently right in what he says, all I would like to say is 'It is not over until it is over.......!!..'

 

A read of my posts under 'HDR - v - HSBC', might help........

 

Best wishes all,

 

Dougal

 

[mccgirls]

Im confused, does this mean you can no longer claim these £12.00 or £25.00 charges back? I was about to send a letter to HSBC with list of charges that have been applied in error (thats what i read you have to put?)

[BRIGADIER2JCS]

Correct the test case brought by the OFT failed rather dismally, so current account and OD charges are not reclaimable

[BRIGADIER2JCS]

We are aware of a possible appeal but it does NOT affect the current situation.

[Dougal16T]

We are aware of a possible appeal but it does NOT affect the current situation.

 

Morning all,

 

As I said the Brigadier is right with one minor difference, Litigation is already in progress, which (if successful), will change the position in relation to Bank Charges, in other words, it should (if successful) reverse the existing inability to reclaim those charges!

 

But there are a few bridges to cross yet.........

 

Best wishes to all,

 

Dougal

[BRIGADIER2JCS]

From what I'm hearing the ruling if there ever is one may not be retrospective.

[Dougal16T]

Evening all

 

I agree Brigadier, that is a possibility - BUT there will be a Judgement ( in the fullness of time).

 

That Judgement may not be retrospective, but may apply to new claims.

 

Best wishes

Dougal

[BRIGADIER2JCS]

Indeed so but In suspect that previous claimants will not have the right to make a new claim.

[Dougal16T]

Evening all

 

Thanks Brigadier - but rest assured there will be no such exclusions, according to my Counsel, because this will be a Judgement which overturns the previous one when the OFT were at the Supreme Court.

 

 

I am not able to provide any other details at present.

 

Time will tell, best wishes to all

 

Dougal

[BRIGADIER2JCS]

We can but await the judgement, predictable our Civil Law is most certainly not.

[Dougal16T]

Morning all

 

Just to let you know that we are proceeding with the Application concerning this case, due to the 3 Serious Procedural Improprieties, which took place in July.

 

This is not over and will not be so for some time - more in due course.

 

Have to be cautious, I have no wish to alert 'the other side!(so to speak!)

 

Best wishes all,

 

Dougal