Rayne Vs HSBC Scummers ***WON***

[Rayne]

maybe not RIGHT now - its gone midnight but u know what i mean

[nettyg]

they're not open.... lol

[Rayne]

lol beat ya

[nettyg]

lol beat ya

 

that's what you'll be saying to hsbc lol

 

night god bless x

[Rayne]

too true

 

nn netty, thanx for the heads up on the Right of Appropriation stuff - calmed me down a bit although I'm still tempted to squeeze and twist if you get my gist

[nettyg]

lol.... i've been there!

[lateralus]

i know nets sent you the letter - just thought i'd send this:

Right of Appropriation - Stop the bank from taking your money

 

i understand - if correct - that the OFT charges a bank £300 every time it has to look into a complaint.

[nettyg]

oooh didn't know that - that's something to aim for while i'm not claiming at the moment lol... i could make a career out of complaining til they're all 'charged' out!! haha

[Rayne]

thanks for that lat and netty

 

we're going into the branch tomorrow (all being well) and should have a resolution when we leave it. There's a couple of questions that I want answering and won't be happy about until they ARE answered:

 

1. Why refuse a payment into the account in the first place, especially as the day before Tax Credits went in.

 

2. What, in the first instance, gives them the RIGHT to refuse a credit into the account?

 

3. Why completely disregard a letter of authority and then block the account/s completely even after speaking to the account holder?

 

If these are their bully boy tactics for filing a claim against them, do they SERIOUSLY think it will work? If so they must be a very poor judge of character. Failure to answer the above question to our satisfaction WILL result in a complaint being made to the banking ombudsman, the £300 charge is their problem not mine.

[Rayne]

sorry, OFT not banking ombudsman, although they'll probably get one as well tbh

[lateralus]

Financial Ombudsman Service

 

now, i'm confused - maybe it was the banking ombudsman! i'm trying to find out. but just keep complaining - it won't hurt!!!!!!

[Rayne]

lol nice one thanx lat

 

After reading those adjudications on there I'll forgo closing the account for now in the hopes that they score an own goal with it. They wanna go for the bs factor? Carry on cos I'm quite happy to use any and all means at my disposal to make them wish they'd never been born...or for the more clearer minded thinkers amongst them, that I'D never been born

[Rayne]

the plot thickens....

 

it appears csa are making THREE payments instead of the usual two, wierder and wierder. HSBC, rather obviously, have no record of any payment being refused and so cannot be of any help...figures. Anyway, savings account emptied and closed but the current has now been unblocked and I'm damned if I'm closing it, let them do that with an own goal.

[Rayne]

Had a rather heartwarming letter from them this morning:

 

"I am writing to advise that we have agreed your recent request for an informal overdraft. The balance of your account is now £***.** overdrawn. Please remember all overdrafts are repayable on demand.

 

An informal overdraft request occurs when you authorise a payment from your account that, if made by us, would exceed your formal overdraft limit. This informal overdraft is specific to the payment concerned. We will review all subsequent overdraft requests on an inddividual basis.

 

An arrangement fee may be payable for this informal overdraft and any subsequent overdrafts that we agree. We will pre notify you of any such fees before they are passed.

 

BLAH BLAH BLAH

 

To avoid the potential embarressment and inconvenience that this may cause, you may want to refrain from issuing any further debiting items until you have paid some funds in to your account. You should also be aware that we may pass a charge for the service of considering and declining each informal overdraft request.

 

BLAH BLAH BLAH ref financial difficulties etc."

 

 

 

 

Now if I'm reading this right isn't this just their way of saying "yup we know you've gone over your limit and we're gonna charge you as usual but let's try and be sneaky and call it something else instead"?

[givememymoney]

yeah they are trying a different approach now but it is still a penalty charge whichever way you want to look at it!

[Castlebest]

What that letter actually says is we are going to take another £125.00 out of your account for something you never requested in the first place don’t ya just love the sneaky little Sh**s.

pete

[Rayne]

sounds about right

[lateralus]

i did try to track down that business about banks being charged for every case looked in to. one of the site helpers responded with this;

 

Hi lateralus it is £600 for every complaint the FOS receive.

[Rayne]

might just have to complain

 

a few times.... hehe

[Rayne]

well u weren't wrong about them filing a defence on the final day :s

how long u usually get on the AQ once it arrives?

[Rayne]

Hmm

 

Just going through the Notice of Transfer of Proceedings and noticed this little line:

 

"Without hearing

 

IT IS ORDERED THAT :-

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise."

 

Also, their defence:

 

"1. The Claimant?s account is governed by the Defendent?s personal and/or business banking terms and conditions.

2. Pursuant to the Defendant?s terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant?s price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

3. The Defendant denies that the charges applied to the Claimant?s account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terns in Consumer Contracts Regulations 1999 (UTCCRs).

4. The charges applied to the Claimant?s account are reasonable and are properly and fully disclosed in the Defendant?s terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further the charges are not default charges and, accordingly, cannot amount to a penalty.

5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above it is denied that the Claimant is entitled to the relief claimed or any relief."

[Rayne]

just phoned to ask aboutthe AQ and the case was referred to the Judge yesterday and had yet to return.

 

ASSUMING the Judge decides to dispense with the AQ, what would the next step be because without the AQ I'm confused as hell now lol

[lateralus]

not seen my newish thread?.........

New---after 28 Days - Maybe No Aq!!!!!!! (1 2 3 4 5 ... Last Page)

 

also, some of what i wrote in this could be helpful - so look at it as well...

When you have filed your AQ................ (1 2 3 4 5 ... Last Page)

 

don't sit there worrying - ask questions - we'll help.

[darkrage]

hi rayne you were not the only one to get that new format letter i had one a few days ago telling me i had agreed a new od limit of nrly £3000 cheeky tw*ts and they were going to charge me £75 notes for the privalidge so i have added the charges to my schedual and shut the acc down - i will be making a complaint in the near future as soon as i win against them i will complain regarding there treatment of me as a customer.

[darkrage]

2. Pursuant to the Defendant?s terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant?s price list, including an overdraft review fee for considering whether to provide and providing and overdraft.

 

is that there way around the charges - oooh poops - well i have only had 1 letter regarding this a few days ago so how can they argue that this is how they have conducted there charges over the last x amount of years.

 

seems to me they are fishing to see if a judge agrees with them.