ZR120 v HSBC

[ZR120]

ok read many threads, and am still reading & reading

 

basically, i have about £930 of bank charges, since about 2003, most of which the charges are for exceeding the overdraft limit. The charges are set charges, not intrest charges, if you know what i mean. Most £25, some £50 and a few that are £125 which is rediculously high in my opinion.

 

Anyway are these charges reclaimable??

 

Also the letter i have got refers to some thing like an consumer credit act in 1999 (or something similar), but i have had an account since i was about 14 (about 7 years ago) but i assume my account status etc wud of changed when i was 16/18 and was on a 'proper account' .

 

So do i stil use this letter or not??

 

anything else i should know??

 

thanks alot anyway

[ZR120]

also, i live in middlesbrough, my local branch is only a litte branch, and im sure my statements come from the big branch in middlesbrough centre, so which one do i send my letters to?

 

thanks again

[waeve48]

If its of any help, I've downloaded all my statements from HSBC online and when reviewing them found that the claimable charges which most people are claiming for are descibed as "Total Charges" and normally appear on your account around 10th Month and could be anything from £1 to £125.00.

 

As to addresses I sent both my initial letters to the Bank Manager of my local bank but assume they were passed on to whoever in their system as I've since recived letters from Deborah D'Aubney of DG Solictors in Birmingham and more recently from Colin Langdale, Senior Service Quality Officer in Leeds, so in summary dont think it matters where you send it as long as you follow the guidelines listed elsewhwere on this website.

 

waeve48

[ZR120]

thanks for you reply, going to post the 1st letter now (my LBA), then if i am right, i count 14 days after they recieve it and start my claim with MCOL.

 

that sound right?

[Spiceskull]

Those charges are fully recoverable, and you should address all correspondence to the branch where your account is held. Don't be daunted by this, HSBC are a bunch of babies, and, a few snotty letters aside, you should get all your money back in about 8-12 weeks.

 

As for DG - in my own claim they seem to suggest that I cite them as the defendant, which would promptly result in the claim being thrown out. Deal with your local branch, and let the bank worry about ensuring the letter goes to the right department.

 

Good luck.

[waeve48]

Just a quick observation, your 1st letter should be a "Request for Payment of Charges" then after 14 days move on to the "Letter before Action", also send them recorded delivery.

 

waeve48

[ZR120]

thanks again for replies

 

Just sent my letter, recorded delivery as suggested. So that then was a request for payment, then the next one, the LBA, is the one which says i am proceeding with taking them to court?

[waeve48]

Yep thats it, oh and sorry not to get back straight away, had to go and earn a crust. I'm sure your'e aware but just to confirm you'll find step by step instructions at

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html together with relevant template letters.

 

waeve48

[waeve48]

As to having a chance of getting your money back, well so far I think as long as you follow guidelines and treat them with respect, then probably near 100%, but dont forget when/if you apply to the court for your money back then you may be the 1st to go to court, BE PREPARED!

[ZR120]

ok, no had no reply so i have sent off my LBA, recorded delivery

 

hope for a response this time

[ZR120]

also, when i sent my LBA, i didnt have a copy of the charges with me, so just sent it like that, and wrote i had previously issued them a breakdown, if they require it again or any more infromation dont hesitate to contact me

 

would that be ok??

[honeygie]

hello zr, am not sure about the breakdown. but about replies, i ddnt get any so i went to claim online. goodluck with your claim.. happy new year.

[waeve48]

I would imagine as with most office communications they have probably opened a file on you and this will be sent to Colin Langdale and DG solicitors so if they do require a breakdown when it gets there I'm sure they'll let you know, so yes you may have to send another one.

 

You may also find Micheal Browne's A-Z List usefull @ http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526

[HSBCrusher]

Just a tip...

 

I now put my scedule of charges into my letters (rather than attached to), both prelim and LBA.

It's in the middle of the letter, so if HSBC/DG have your letters, they have also got your schedule!

 

Get out of that!

[ZR120]

ok an update

 

Prelim Letter sent 13th December - Received 15th December

LBA Letter Sent 28th December - Recived 2nd January

 

I received a response, from Colin Langdale dated the 3rd january. (from what i understand, that is common). Basically the letter was saying they were looking at my case etc etc. But the letter only reffered to my to my 1st letter, i presume Middlesbrough branch HSBC hadnt passed on my 2nd letter to him by then. Another thing was his response was well outside the 14 days i allowed him - the cheek

 

from what iv read i just carry on with the 14, 14 then 28 timetable

 

also, just read another thread, and somebody said you include for bank holidays etc, so i may have been abit unfair by a day or so going on the recieved dates, will this make much differance

[lateralus]

lba send 28 dec. - add 14 days. 12 jan, file you claim.

this is an excellend time to log onto the mcol website and have a nose around - start the claim details - you claimant - them defendant - and use the head office found on your statements for the address, work your way through to the particulars. start putting them in, you have a couple of days to get them the way you want them and by the 12th you will be ready to answer the last couple of questions, submit and pay and tht's all there is to it. look at the template for particulars - keep it general and you'll be able to fit it in, if you are struggling - i'll pm mine to you as another example. you can pop in and out of the mcol website at will and your stuff will be there - it's very user friendly. good luck.

[nettyg]

hey zr we seem to be at the same stage. i too am pushing the button at mcol on 12th so we'll keep eachother informed ok

Netty

[ZR120]

thanks for reply lateralus

 

and yes netty g, will let u know of my progress

[ZR120]

ok just starting to 'get to know the MCOL process' and have signed up an account and just getting my details in

 

however, iv fallen at the first hurdle, is there a specific title of claim we use??? what have you used??

 

I know this is only a small detail, just want to get it right

 

many thanks

[HSBCrusher]

As you might have many claims on the site, you can name them for your own reference.

I normally put "reclaim bank charges from HSBC" or something similar.

[ZR120]

thanks for replies

 

Ok on my MCOL, and am up to the Submit stage, so all ready to do

 

However, was just thinking, I am currently over my overdraft limit, so probably will get charged another £50-£100 this month as it will have been over for so long.

 

Is there any way i can include that in this claim? Or do i just leave it out and accept it

 

Thanks

[claire78]

Well you have 3 choices here really.

 

You can hold off for a couple of weeks, and then add the charges to your claim, or you can do another claim after this one is dealt with, or you can just swallow them.

 

Personally I would go for either option 1 or 2

[ZR120]

well just checked online and they have already £50 worth of charges, plus i probably wont have enough cash to file the MCOL until payday, so might just wait until then, and stick in these new charges

 

on the bright side its another month of intrest

[ZR120]

Ok just an updade,

 

After not having enough money to pay for MCOL, i let it wait for abit. It should have been filed on the 12th Jan iirc. Anyway, to this day still havnt got round to do it.

 

Good job, as got a letter today from Mr Colin Langdale himself, saying they are making me an offer of £840, just £90 short of my request. So i am going to take it.

 

So its took them about 2 months for their 'investigations'. Anyway, a journey that started in November which seemed like it would take forever has came to a happy end.

 

A big thanks to everyone on the site, you really have helped me and my family out a great deal.

[maleo]

Congratulations on your win!! Colin seems to be offering closer to what's claimed recently, which can't be a bad thing!

 

Open a bottle of bubbly with your winnings! It'll help fight off the cold!