Nikki vs HSBC ***WON***

[Nikki1234]

Hi everyone,

 

Just started on the epic journey to getting my money back and am raring to go! I sent my first letter to HSBC today asking for a grand total of £3644.24. I have two accounts with HSBC and decided to include both of them on one request rather than two separate ones - is this is ok? Is it possible to do that?

 

I also wanted to say a big thank you to everyone here - if it wasn't for all the information and support on here, I wouldn't have known WHAT to do! I have spent the last 4 hours reading and reading and r e a d i n g and I'd never have guessed there were so many people doing EXACTLY the same thing!

 

I'm so happy that finally we are all standing up to the big boys!

[HSBCrusher]

Excellent!

Welcome to our site!

 

Yep you can combine accounts, but only if they are both personal or both buisness accounts.

 

Keep us posted, all the best with the claim!

 

Crusher

[Rooster-UK]

Hi Nikki.

 

Welcome to the family.

No problem claiming both accounts. Just remember to include both account numbers where you normally put one.

 

Four hours reading? You've only scratched the surface.

This is a self-help forum and reading is the key. There is virtually every bit of information that you could possibly need, here. The more you understand, the easier your claim willl be.

 

If you have any questions and progress reports, post them in this thread.

 

Good luck with your claim.

Regards, Rooster.

[Nikki1234]

Thanks both of you. Yes they are both personal accounts... Phew! I panicked a little about that - was trying to save a bit of money if it got to the court stage!

 

And yes, I know I have loads more reading to do! It'll give me something to pass the time - I am not the most patient person in the world!

 

I'll keep you updated.

 

Nikki

[Nikki1234]

Oops, just thought of another question. I didn't send off for my statements as I did all calculations through my internet banking. If this does go to court, will printed statements off internet banking do? Or will I have to send off for 'proper' statements from HSBC.

 

I know I'm jumping the gun a bit, as there may be a chance it won't go to court, but I want to be ready if the time comes!

[Nikki1234]

Hi everyone,

 

Well... I have just been trawling through more information on the site - it's fantastic information, but there's SO much of it!!

 

I have just read that it's not the right thing to do to send a prelim letter mentioning the 8% stat interest... oops, already sent! The template was from the MoneySavingExpert site and I just sent it without reading on here as thoroughly as perhaps I should have!

 

I've also read that you can claim contractual interest on the charges you have specified (and I understand you can only choose either contractual or the statutory). As I have already sent my prelim, do I send an updated prelim to them, or wait until the 14 days are up and update the LBA? Am I being too greedy, or have a lot of people done this?

 

Also the big question is "Have they been successful??"

 

One last question for today (I promise!!) does anyone know what EAR stands for? My overdraft interest is charged at 15.9% EAR variable - not sure what it means! Was thinking of using this as the rate.

[Nikki1234]

Revised prelim has now been sent, hand delivered to my HSBC Branch Manager and he knew what it was before he even opened it!

 

He said that it would be forwarded to a special department who deals with all of this (I'm guessing Mr L then) and that they are inundated at the moment and I shouldn't expect a quick reply.

 

Secondly, I wanted to congratulate the huge amount of people that have had wins recently - there's been loads - keep it up!

 

Hopefully I'll be posting a win soon too....

[HSBCrusher]

Well, lets hope mine drops on the carpet soon.

My AQ is due in on the 30th.

[Nikki1234]

Well, received a response, not bad timing actually - 5 days after my revised letter. Usual bumpf - "we are looking into it... will get back to you... yada yada yada...".

 

I know I've got a long way to go, but it's comforting to get an acknowledgement. It's just the 14 days in between that seem so LOOOOONG!!

 

Wouldn't it be nice if they just started changing tack and paying out on the first letter?? Well... it's ok to dream eh....?

[nettyg]

hi nikki

you'd think that as they were going to pay out in anycase...that they would pay out after the first letter - yeah it's nice to dream though lol

good luck with your claim

netty

[Nikki1234]

Thanks Netty.

 

And yes you would think they would save money/hassle/time for themselves and pay up. But I'm guessing their tactics work well for them. A lot of people still lose their nerve before going for that full settlement. Which i fully intend to do!

 

I'm thinking of adding something to my next letter (or phoning Colin) to the tune of:

 

"I would like to point out that I am following the proper protocol for this type of claim and I would appreciate it if you would extend me the courtesy of doing the same. I absolutely intend to follow this through into court so please do not use the court system as a stalling tactic, or to scare me off. Many cases before mine have been acknowledged and defended by yourselves, only for you to offer settlement at the eleventh hour. If this goes to court, I will be adding the court fees to the settlement figure, plus contractual interest per day. I would ask that you save yourself both time and money and settle for the full amount now."

 

Or something to that effect. What does everyone think - am I asking for trouble - has anyone done this before?

[Nikki1234]

Also, how do I get my signature to show? Sorry if I'm being thick, but I read it only appears on longer posts - is this right? How long do they have to be??

 

Edit: Ha ha - I've seen it!! I think maybe I got up a little too early this morning - I'm still asleep...

[Nikki1234]

Hi everyone,

 

Just an update. Have have no more from Colin, so sent LBA a week ago today. Am chomping at the bit - roll on next friday!

 

Have had a good look at the N1 and will be filling it out soon.....

[Nikki1234]

Received an offer this morning. The letter is the usual "we believe we would sucessfully resist any legal challenge....however mindful of the irrecoverable costs involved... blah blah blah!"

 

However they mentioned that they "do not accept the (contractual interest as appropriate..." Has anyone (that has claimed contractual) had this too? I'm not accepting the payment and will be carrying on, but should I still go for contractual interest as well?

 

The offer (£2425) seems to be 85% of the total amount (minus cont. interest) so their initial offer percentage seems to be going up!

[nettyg]

morning nikki

85% not good enough is it? so carry on with your claim. send them a letter to say you'll accept only as partial settlement as you are already going through the courts to recover the full amount.

 

good luck (at least you've had some sort of offer, i haven't heard diddly!! starting to take it personally now lol) NOT

netty

[Nikki1234]

Morning Netty,

 

Thanks for that - yes I agree it's not enough - if (when) I get the full amount, it will more or less get rid of both of my extortionate credit cards! Which, incidentally, I'm at the SAR process with now . I never thought I'd actually see a light at the end of the tunnel for years... now it's getting closer...

 

Don't worry about not getting any offers - and I'm sure you're not - if you're going for the full amount, they're irrelevant anyway! I almost wish I didn't get an partial offer to be honest - I must admit I did hesitate for a just a tiny moment!

 

Good luck with you're claim!

[nettyg]

thanks for your concern nikki, although the comments about the 'not having any offers' bit, was totally tongue in cheek!! lol i will not settle for anything less than 100% + 8% + court fees trust me - i used to work for them so this is so sweet being able to kick them in their own teeth - after they've been kicking me in mine for years lol

[Nikki1234]

GO Netty!

 

I have a quick question - forgot to put this in earlier...

 

I understand the term 'Without Prejudice' - you cannot refer to this letter in court. BUT does it also mean that I cannot refer to my answering rejection letter either?

 

I'm thinking no, but wanted to check just to make sure....

[lateralus]

in case you were looking for them -

Rejecting Offers

just pick the appropriate one.

85% is sooooo typical, it has to be a standard response letter from colin's office with the blank (fill in 85% of the total here) printed on it!

[Nikki1234]

That Lateralus - you must have read my mind! Was just searching for that...

 

And you're so right. It amuses me that the banks look down on using 'standard letters from websites' for claims, yet use their own standard letters! Goose... Gander...?

[Nikki1234]

Well, I haven't been on here for a while so just thought I'd write an update.

 

I filled out my N1 and took it down to my local court. Had my notice of service through yesterday - it will deemed as served today! Yippee!

 

I'm strangely enjoying all this - although have a whole 28 days to wait til the next stage. I doubt I'll get any offers before that (or for a while after I'm guessing!)

 

De dum de dum - just have to wait for the Acknowledgement now...

 

Hope everyone else is getting on ok with their claims?

[Nikki1234]

Another update,

 

Filed AQ on the 8th April. Deadline was 13th April and HSBC missed it. Apparently now I have to wait for the paperwork to go before the Judge and he will issue an order for them to submit within another 14 days.

 

Is this another delaying tactic by the bank then? I find it astonishing that they are allowed to miss a deadline and then are given ANOTHER 14 days to submit it! A deadline is a deadline!

 

Still - I suppose I'm on the home stretch now, and if it does actually go to court, it won't look good for them...

 

SO what do I do now? Do I wait to hear from the court, or is it worth giving DG a call?

[Castlebest]

Hiya Nikki, you have been busy with the rest of your cards and yes its totally out of order DG are being allowed to file their defence (AQ) so late but that’s up to the judge.

Regarding HSBC, have a look at this thread Lateralus has done some "nudging" letters to try to get DG to make you an offer.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71343-when-you-have-filed.html

 

pete

[Nikki1234]

Hehe - yes I have busy! Figured I would do them all at the same time so I could get them all out of the way. It has worked out quite well - my two smaller ones have just been settled and they have covered all of the court fees!

 

Thanks for the link - I am having a look now.

 

Nikki

[Nikki1234]

I was in danger of hijacking surf's thread so I thought I'd better post here. To update on recent events, I appear to have been sent a new standard ex-gratia payment letter.

 

Has anyone else received this letter, and if so, have they sent a response questionning it and received a reply?

 

Dear Madam

 

Yourself -v- HSBC Bank pIc

 

Basingstoke County Court Claim Number: XXXXXXXX

 

We are instructed by HSBC Bank pIc in respect of the claim you have recently issued in relation to charges levied on your account in the period from 6 March 2001 to 3 February 2007.

 

You have supplied details of charges passed to your account for a period in excess of six years prior to the commencement of your claim. Our client will not entertain a claim in respect of such charges as they are limited by the provisions of the Limitations Act 1980.

 

We are at a loss to understand why you have sought to recover, what appears to be, overdraft interest from our client and, in addition 15.9% interest per annum upon the interest. Please confirm the basis of your claim in relation to your claim from our client of what would seem to be overdraft interest applied to your account.

 

In any event you will be aware that even without the charges applied you would have incurred overdraft interest and it is a basic condition of borrowing that you should pay interest on monies borrowed. Should you wish to pursue this avenue of your claim, please confirm to us the legal basis, together with supporting case law, of your claim for recovery of debit interest applied to your account whilst it was in a state of overdraft

 

We note that you have claimed interest at 15.9%. It is our opinion that the statutory interest rate of 8% per annum pursuant to s69 County Court Act 1984, is adequate recompense in respect of the charge from the date it was applied to the date of your claim. We do not believe that you are entitled to any interest over and above the Court statutory rate. If you believe this is not to be the case then please confirm to us the relevant legislation upon which you intend to rely on.

 

HSBC is entirely confident that its charges are reasonable, are properly and fully disclosed in its terms and conditions and published price list and you must have been aware that you would incur such charges depending upon how you managed your financial affairs. HSBC is confident that it was entitled to apply these charges and that it would successfully resist your claim in the Courts.

 

Your schedule has been checked against the charges actually passed to your account which has revealed some discrepancies. However, HSBC is mindful of the management time and irrecoverable legal costs associated with litigation in the small claims regime. For those commercial reasons alone, and without any admission of liability whatsoever, HSBC is prepared to make an ex gratia payment to you in the sum of £4049.88. That payment is made in full and final settlement of your claims arising from the charges applied to your account in the period referred to above. It includes interest to the date of this letter, the Court fees you have paid and, where appropriate, any charges previously refunded to your account that you have failed to take into consideration in your schedule.

 

By accepting this payment you agree not to make any other claims relating to charges for the period stipulated above. HSBC also, reasonably, requires your confirmation that you will treat this payment

as confidential.

 

If you accept this proposal please sign and return the enclosed copy of this letter to us and we will arrange for a refund to be made to you.

 

Yours faithfully

 

 

 

I accept the sum of £4049.88 in full and final settlement of my claim against HSBC for the charges applied to my account in the period from 6 March 2001 to 3 February 2007. I agree not to make any other claims relating to charges for the period stipulated above. I also agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential.

 

Signed:

................................

Dated: .