My Pending Charges Claim Against HSBC

[Spiceskull]

After the excitement of the last few days (breather taken) I am going to pursue two new claims against HSBC: This one will be for 'charges pending,' and to start with I just want to throw a few ideas about. I will pick up on this properly after the weekend (and after some beer) but for those that have questions about charges pending with HSBC, you are welcome to put your views/questions on this thread.

[Spiceskull]

Sent today, now that I have taken my deep breath:

Dear Sir/Madam,

 

Following my requests of 18 April and 28 April to prevent unlawful penalty charges being applied to my account on 7th May, I am aware that these charges have been applied, and am therefore requesting that they be refunded to me.

 

As you are no doubt aware, I have, in the past, asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. I have also asked you to demonstrate that they represent a true cost to the bank of the bank's actions, or that they represent a fair pre-estimate of cost for those actions. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

 

I have also asked you to clarify how these charges can continue to be applied in defiance of the OFT statement of 5th April. When the OFT makes a ruling, then creditors are expected, and indeed required, to comply.

 

Furthermore, you will be aware from my account history that the bank refunded an earlier application of these penalty charges on 7th April. Additionally, after raising a claim in the courts, the bank credited my account with refunded penalty charges in the sum of £X,XXX.XX, plus court costs plus interest at 8% APR.

 

You therefore have until this Friday, 19 May, to unconditionally refund these charges to my account. I believe that I have been more than reasonable in granting this extra time to the bank, as a gesture of my good intentions, and will not hesitate to raise a claim in court if my request is not met.

[Spiceskull]

Keep 'em coming HSBC. Today, the day I threatened to raise another claim, the charges from 6th May were refunded to my account. Over the weekend I will write my next refund request for charges pending on 6th June, and as this is the third time around, I will be including an invoice for my time...

[Movingon]

LOL. An invoice which will contain charges of £25 per hour no doubt?

[Spiceskull]

LOL. An invoice which will contain charges of £25 per hour no doubt?

If only. Just a flat fee of £75. This 'term' was indicated to them a few weeks ago, and as they have not rejected it I can only assume that they find the term acceptable...can you imagine...suing for a refund AND suing for non payment of invoice? THAT is going to be fun fun fun!

[bram stoker]

Gimli: And I suppose you think your the one to do it?

[Spiceskull]

Gimli: And I suppose you think your the one to do it?

Ayyye!

[bram stoker]

Gandalf: Tell me, "friend", when did Saruman the Wise abandon reason for madness?

[Spiceskull]

Frodo: But Gandalf, it can't stay in the banks coffers!

Gandalf: No Frodo, it can't!

[simm1701]

Let me know if oyu manage to pull off the £75 fee

 

I've heard a lot of urban legends about being able to set a fee to the bank by sending them a letter telling them what your stadard fee for sending/opening letters is - but I've never seen any proof

[Spiceskull]

This is exactly the precedent I want to set. The term I gave them (letting them know about it in advance, and giving them the opportunity to not accept) is exactly the same type of term that they give us as customers.

 

However you view the account/contract (be it business/personal/consumer/commercial) the account type is reciprocated in terms of accepting Ts&Cs, so in this I think they could not argue against it.

 

Whether or not they pay...well, that is the lollipop that needs sucking...

 

However, the fact that they DID refund the charges this morning indicates that they received the letter with the term contained within. There is a possibility that in the next couple of days I will receive a letter, indicating the refund, but also refusing to accept the term...I'd like to wait until I receive that letter before proceeding...

[simm1701]

You took them not replying as acceptance correct?

 

Did you give them a deadline?

[Spiceskull]

Not replying I will consider acceptance...correct. However, the way these things go I will get a letter confirming that 'charges fair...would defend...unrecoverable cost...good will...refund' and all the other guff in the next couple of days.

 

As for deadline, there was no specific time, just that if I haven't heard from them before my next letter then I will assume acceptance...it's really just a bit of fun on this particular strategy, but if they slip up then I WILL issue the invoice...they play hard with us...I will play just as hard back to them...

[simm1701]

Just keep playing it out and hope they will give in and pay up....

 

 

Now who did we learn that tactic from....

[Spiceskull]

Now who did we learn that tactic from....

Not sure...

[chaos5678]

I've got a pending charge of £30 from First Direct, who have just refunded me £630.

 

Whats the first letter or email to send, can someone advise please.

 

Thanks

[Spiceskull]

I've got a pending charge of £30 from First Direct, who have just refunded me £630.

 

Whats the first letter or email to send, can someone advise please.

 

Thanks

Because the charges have not yet been applied, you can try the letter I sent - it has worked twice already.

 

To say that it prevented the charges being applied would be misleading - charges are applied automatically, and therefore cannot be prevented. However, the first time around the charges were removed after 24 hours. Second time around it required a second letter...and the threat/deadline of court action.

 

First letter can be found on this thread - post 34

Second letter can be found on this thread - post 2

 

Don't forget, you will need to change some of the details, but if you need any help, give me a shout.

[norvernrob]

When the bank sent me my 'I agree to settle this claim in full etc etc' I just wrote underneath 'On condition that the pending charges of £50 are removed from my account' and signed it.

 

Within hours of them receiving the letter the money was refunded and the pending charges gone. They even removed the pending overdraft interest, which was a little bonus!

[Spiceskull]

A quick update - being sent recorded delivery today:

Dear Sir/Madam

SORT CODE: XX XX XX

ACCOUNT NUMBER: XXXXXXXX

 

Last week I received a further statement from HSBC, stating their intent to unlawfully apply penalty charges to my account on 7th June to the sum of £75. Clearly my letter of 28th April, has been ignored, and I find myself writing to you for the third time, and requesting that these penalty charges are not applied to my account.

 

As you are no doubt aware, I have, in the past, asked you to demonstrate to me that these punitive charges are fair and just, that they are lawful, and that they are being lawfully applied. I have also asked you to demonstrate that they represent a true cost to the bank of the bank's actions, or that they represent a fair pre-estimate of cost for those actions. You have failed to demonstrate this to date, and therefore it is implied by your refusal or inability to supply such demonstration, that these penalties are, indeed, unlawful.

 

I have also asked you to clarify how these charges can continue to be applied in defiance of the OFT statement of 5th April. When the OFT makes a ruling, then creditors are expected, and indeed required, to comply.

 

Furthermore, you will be aware from my account history that the bank has refunded earlier applications of these penalty charges on 7th April and 7th May. Additionally, after raising a claim in the courts, the bank credited my account with refunded penalty charges in the sum of £X,XXX.XX, plus court costs plus interest at 8% APR.

 

I would draw your attention to the following point: you have stated that these charges will be applied on 7th June. If these charges ARE applied, then you will be required to explain why you have, in my view, committed a pre-meditated breach of the law, and I will be reporting such breach to all of the relevant authorities. However, as this has not yet happened, I require that you take action forthwith, and cancel this transaction prior to its execution. Furthermore, I require confirmation, in writing, that this transaction will, indeed, be cancelled.

 

You therefore have until next Friday, 9 June, to prevent these penalty charges from being applied. Alternatively, and with regard to the fully automated nature that the bank operates, to unconditionally refund these charges to my account should they be applied. I believe that I have been more than reasonable in granting this extra time to the bank, as a gesture of my good intentions, and will not hesitate to raise a claim in court if my request is not met.

 

I would also draw your attention to my letter of 28th April. This indicated that should I find myself in the position that further actions by HSBC required manual intervention on my part to correct breaches committed by HSBC, I would be supplying you with an invoice to compensate me for my time and efforts. The bank has had five weeks to either accept or decline this condition, and it is implied by your silence on this matter that the term is acceptable. Therefore I enclose an invoice to the sum of £75.00 with this request. Please settle this account within 28 days.

Invoice ref: HSBC/AWH/001

 

SORT CODE: XX XX XX

ACCOUNT NUMBER: XXXXXXXX

 

For manual intervention in the above mentioned account, to bring breaches to the attention of HSBC, as per my letter of 28th April 2006..

 

Charge:

£75.00

 

Total:

£75.00

Terms: to be settled within 28 days.

Let's see what the response is to that...

[simm1701]

Nice!!!

 

I can't wait to see the response!!!

[Spiceskull]

I can't wait to see the response!!!

I can't wait to see the response!!!

I can't wait to see the response!!!

I can't wait to see the response!!!

I can't wait to see the response!!!

I can't wait to see the response!!!

[Spiceskull]

Just checked my account online:

Date Type Description Paid Out Paid In

06 JUN CR REFUND OF CHARGES 75.00

06 JUN DR TOTAL CHARGES TO 15MAY2006 75.00

However, no mention of when I will receive the money for my invioce that accompanied the request...

 

That said, I received a letter from the solicitor yesterday, and all it says is that "we are seking instructions on the application of further charges you mention"

 

Well, so long as that instruction is "pay da man..." I don't mind...

[Spiceskull]

Hey - It's working!!!

[simm1701]

So heard anything back re your invoice?

[Spiceskull]

So heard anything back re your invoice?

Strangely...no, not yet. However, they have a couple of weeks yet.

 

That said, I did receive a letter from DG, stating that in future ALL communications are to be through them. Right...I don't ever remember opening a bank account with them, or indeed nominating them to act as my fiduciary...indeed, I have never actually requested that they write to me at all...

 

Therefore...today I posted a letter for a refund of charges going past the six year limit...I will need to update my other thread accordingly, and will keep people posted on how this progresses...

 

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.