poza78 vs hsbc **WON**

[poza78]

Hi,

 

I am currently in the process of claiming back charges from the HSBC. They sent me 6 years bank statements without charging the £10 admin fee and have replied to 2nd letter stating they will contact me with a full response as soon as they have completed investigations. The LETTER BEFORE ACTION is due to go out this Thursday 25th Jan 2007 so I will keep you posted.

 

regards

 

poza

[nettyg]

hi poza

just send the lba as planned and always stick to your oriiginal timetable. the 'we will investigate and come back to you' letter is just a stall so carry on and rightfully claim what is yours

good luck

netty

[poza78]

Thank you, i can't wait to get the lba out tomorrow, will keep you guys updated on progress.

[poza78]

I've just received a letter from the HSBC offering me the full amount requested less interest as they do not accept the interest added as appropriate.

 

I believe several people who have successful claims have received this letter will know what it contains, basically they say that their fees are fair and if the matter was to go to court they believe that they would successfully resist any challenges in relation to these fees. The offer comes as a result of them being mindful of the management time and irrecoverable legal costs that they may incur in relation to such a claim.

 

So what do I do next please?

[lateralus]

entirely up to you...........can you live with what they are offering or do you want to take it further and get the whole amount? sort of depends on your circumstances, your bottle, and what you want out of it.

if you are taking the offer - write back and tell them ok, if not, send the letter of rejection - just tweaking it to your claim. tell them you stand by your letter of xx/xx/07 and they have until xx/xx/07 to offer you the full amount or you will be filing a claim against them. (i'd just give them until the same date you used in the lba).

good luck, whatever you decide. make it right for you.

[poza78]

Thanks lateralus, I am going to accept this offer as the interest only amounts to £30 but i will attach a letter to the acceptance form regarding their stance that their charges are not fair and illegal but that as it is only £30 interest. Anyway I've got bigger fish to fry, Im also gong after capital one and RBS when they eventually get the statements to me and these are 4 figure sums so I'll take them all the way to court!!! thanks once again.

[lateralus]

you are welcome - and that's what i mean by making it a decision that's right for you. this is, obviously. congratulations on getting your money back - and good luck with future endeavours.

[poza78]

Thanks and here's a copy of the letter I enclosed with the offer acceptance

 

Dear Colin,

I would like to thank you for your offer and inform you that I do accept it as the amount of interest charged was of a small amount. I still would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner, which complies with UK law.

 

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

The Office of Fair Trading has concluded that penalty charges are unfair under the Consumer Contract Regulations of 1999, coupled with case law dating back to 1914.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

Also please note below an extract from an article taken from the Metro Paper 12th December 2006.

£30 overdraft fee costs £2.50

Banks are charging customers £30 in unauthorised overdraft 'service fees' when they cost just £2.50 to process, a TV documentary has revealed. Stephen Hone, founder of website penaltycharges.co.uk told BBC2's The Money Programme: 'The Banks have scammed people for years on these charges. They are unlawful.' Customers are now taking banks to the small claims court and in each case, the banks have settled. Financial Ombudsman Walter Merricks said he will stop accepting banks' offers to part-settle in these cases, saying they must do so in full or explain why the charges are legal. 'If not, I will investigate,' he added

Therefore I state my case that had I taken this to court I would have successfully claimed all charges and interest in relation to these charges.

Please find attached my acceptance form. Thank you for your time and I appreciate the prompt response to resolve this matter.

Yours Sincerely

Mr X Xxxxxxxxxxx

[nettyg]

congratulations poza - another job well done!!

[poza78]

Administrators - Please move this case to won, £320 credited to my account!!!! what address do I send the cheque and who do I make it out to?

 

thanks again

[lateralus]

moderator janet will be along to assist you shortly.

[Janet-M]

Administrators - Please move this case to won, £320 credited to my account!!!! what address do I send the cheque and who do I make it out to?

 

thanks again

 

Hi Thank you so much for offering a donation ,we will contact you shortly with the details your asking for

CONGRATULATIONS