HSBC charges reclaim court case **WON** despite their deceitful tactics

[sharburrys]

Hi everyone 

 

I opened a court case against HSBC due to account fees that i have never agreed.

My account is an investment account and i always disputed and rejected the change on the T&Cs.

After going backwards and forwards, at the end  I took a court action.

They immediately backed off. 

 

My question is;

in their defence the bank refused to admit any liability but they credited the full amount subject to the claim in my bank account without my consent or permission stating that the client took a "commercial decision"

 

whilst i am happy that i reclaimed my monies back - they believe that they have the right to change the contract and moving forward I would be in a position to open a court action every year to reclaim the account fees.

 

If i were to move my account i would have to obtain certificates of shares in the account to transfer them to a different provider which costs money either way.

 

can anyone please tell me whether there is a Paragraph or Part in CPR stating that the party can make a payment without admitting liability?

I could not find it. 

 

PS: the bank's credit happened after I opened the claim and just before they submitted their defence

 

Thank you in advance all..

 

[BazzaS]

If you claimed for court fee’s (+/- interest) then the court claim isn’t settled, as they have only paid part of the claim.

 

if they’ve settled in full (all that you’ve claimed), then that claim is gone, finito, “done & dusted”.

 

Your could TRY another claim, sending them a letter before action asking for them to make good on the costs of moving the account.

 

If your claim was for a specified sum, rather than “specific performance”, then they can settle it by paying the sum: they have no obligation to “admit liability”

If you push them on the topic they are entitled to say “we took a commercial decision to settle without admitting liability”, and they don’t have to seek your consent / permission to settle a claim for a specific sum on that basis.

[sharburrys]

Thank you BazzaS

 

surely there must be a rule in CPR for contradicting/misleading the justice in terms of, they do not admit liability but they are admitting liability with their action. I am quite interested in something like CPR 14.5?

 

Also in my claim that was issued on MCOL and due to limited space i quoted as below 

 

"Amount to be claimed £157.50 charges, £29.28 interest £83.32 overdraft charges caused by these ongoing charges which can increase the total claim amount"

 

since then they have taken another account fee, which they have not paid?

 

last question; can i contact my bank (which is HSBC) and ask them to return the money as it was credited without my consent?

 

Thank you 

Edited January 18, 2020 by sharburrys

[dx100uk]

move your income to a parachute account

leave them to their games.

 

dx