My Pending Charges Claim Against HSBC

[norvernrob]

Sarah, you will get every penny back. HSBC will not go all the way to court. Stay strong and don't give up!

[Spiceskull]

Is it going to happen - or am I just wasting my time.

Sorry...? You have posted on this thread...after having read through it, and you are asking a question like this???

 

A quick word of encouragement - read this thread from start to finish. Read my other threads from start to finish (click the links at the end of this post). Read other threads in the HSBC forums.

 

Once you have done this, I think the answer to your question will be clear...:):)

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[barney2002]

Spiceskull - WHO'S THE DADDY !!!!!

I have been following your thread for a while and must say I like your style:-) . The way they ask for your details on the phone is a joke, I have thought that for a while and have done a similar thing (i.e turning the tables) myself in the past just to give them the runaround.

 

The fact you have sent them an invoice for your time is pure genius - many of us have thought it but never had the ba***s to do it - and the fact they look like they are going to pay is superb.

 

Keep up the good work and I'm glad your on our side not HSBC's.:o

 

Power to the people an' all that!!!!

[Spiceskull]

I must confess - I have a new tactic that I hope will nail HSBC to the cross once and for all. The cross was raised today, the crucifiction begins on Friday 14th.

 

I would love to share it with you all at this time, but to do so would give them an unnecessary advantage - once it works, assuming it does, then believe me, I will share it with all and sundry.

 

It is presently unproven, but I have no reason to doubt the efficacy of the tactic - it really is a "Wow...can he really do that?" kind of move...

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[maverik1979]

spiceskull the trailblazer

[hullpaul]

Good work it sounds.... I am at the very first stage of all of this and am about to start proceeding with the dpa reuest for info but i would imagine my charges will be over £2000 so fingers crossed. Thanks for the reading so far and i may need help in future!

Paul

[Spiceskull]

Good work it sounds.... I am at the very first stage of all of this and am about to start proceeding with the Data Protection Act reuest for info but i would imagine my charges will be over £2000 so fingers crossed. Thanks for the reading so far and i may need help in future!

Paul

Good luck - it's great fun.

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Spiceskull]

I love my bank. Why...because the letter I received yesterday, letting me know that £125 had been credited to my account, and that was not there when I checked...wrong account number. They could have made this mistake with anyone...but by a million to one shot...it landed right in my lap!!!

 

:)

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Spiceskull]

That refund - an explanation...of sorts:

Thank you for your letter of 05 July

 

I have some concern regarding the contents of your letter, and the wider implications for the security of my details specifically, and HSBC customers generally.

 

Your letter indicated that £125 had been credited to my account on 05 July, and that this refund was in respect of “refund of charges.” I logged onto my account on 06 July, and there was indeed a refund, in respect of “Refund of Charges,” but in the sum of £75.

 

Initially this was confusing, as my actual request for a refund was only in the sum of £50, and that this was in relation to penalty charges due to be applied on 07 July. Notwithstanding the discrepancy in dates, I have had it confirmed to me by DG Solicitors that this penalty charge would not be applied after all.

 

In light of this, it then occurred to me that the credit to my account in the sum of £75 was due to an outstanding invoice issued to HSBC on 01 June 2006. Whilst I could engage in pedantry, I appreciate that the automated systems within HSBC are not normally geared towards settling invoices on personal accounts, and that the use of “refund of charges” was a simple expedient.

 

However, notwithstanding the above, this still did not offer an explanation as to why your letter clearly stated that £125 had been credited to my account. I then re-read your letter, and the conflict revealed itself immediately.

 

Your letter stated that this refund had been credited to account number 0143XXXX, an account of which I have no knowledge whatsoever.

 

This error on the part of HSBC indicates a gross level of incompetence and mismanagement, not to mention a VERY serious breach of the Data Protection Act, the Banking Code and the obligatory conditions inherent in holding a consumer credit licence.

 

In the first instance I would expect someone holding the position “Senior Service Quality Officer” to show a greater attention to detail when dealing with issues such as these. At the very least I would expect a quality check to have taken place before dispatching such a letter.

 

In the second instance I would draw your attention to the fact that account 0143XXXX was kindly closed on 26 June 2006. As such, the term “closed” implies that the account is incapable of any transactions, whether they be credit or debit, and I fail to understand how the bank could credit either the £125 (stated) or £75 (actual) to the account. That aside, the legality of the account closure, subject to clause 12.4 of the terms and conditions of the account, is currently in dispute.

 

In the third instance my most serious concern is with the activity of account 0143XXXX. In divulging to me that £125 has been credited to this account, and the reason for that credit, HSBC has committed the regulatory breaches mentioned above. In light of this I consider it my duty as a concerned citizen to make a full and formal complaint to the relevant regulatory bodies.

 

In light of the content of this letter, it is clear that the errors of HSBC have required manual intervention by me, to bring these matters to your attention for a swift resolution. As such I invoke my absolute right to enforce the amended term of my contract with HSBC, pursuant to my letter of 28 April 2006.

 

Therefore I duly submit an invoice for my time, pursuant to the amended clause, and in the sum of £75. Terms: to be settled within 28 days.

:)They seem to love giving me these glorious gifts...:)

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[I_feel_cheated]

I was having a right crap day today but this is priceless, this really is without doubt one of the best reads for me in a long time. I'd like to thank spiceskull for taking the time to share this with us, have a beer on me m8, in fact make that a double whisky.

[Movingon]

SORTED spicey... just SORTED.

[Sarah139]

Fantastic spiceskull - you really do put a smile on my face - thanks.

 

Do you really enjoy doing this - you always make me laugh with your antics.

I wish I had your Balls - or maybe not!?! but you know what I mean.

 

SarahXXX:D

[Spiceskull]

Thanks all for your comments - I must confess that I overindulged my gluttony in writing that letter. I thought bu**er it, they haven't given me the money after all, I am REALLY going to enjoy this one...at my age you have to take the opportunities for pleasure wherever you can find them :o

Do you really enjoy doing this - you always make me laugh with your antics.

Antics? Yes, I suppose they are really. I feel like the cat who has a live mouse in my paws, and is just playing with it until boredom sets in...

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Digger61]

Hi Spiceskull. I could do with a little help, so more I read, so more I get confused! If I get my statements back, I know I can claim the charges for everything bounced. What about the Total charges and the interrest? Can I claim them as well?

[Spiceskull]

Hi Spiceskull. I could do with a little help, so more I read, so more I get confused! If I get my statements back, I know I can claim the charges for everything bounced. What about the Total charges and the interrest? Can I claim them as well?

Yup - assuming that those charges have not been previously agreed (for example £5 monthly overdraft arrangement fee)

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Spiceskull]

Claim for invoices against "charges pending" being raised tomorrow:

I had a contract with HSBC dated Mid 1982, since closed, and conducted on their standard terms and conditions.

 

One of the implied terms of the contract was that the account would be managed lawfully by the bank. Additionally the contract allowed for terms to be amended, at 30 days notice, and this notice to be given by either party to the contract. The recipient party would than have 30 days to either accept or decline this amended term.

 

During the course of my contract with HSBC, HSBC levied many unlawful penalty charges from my account, an issue with which I am sure the court is familiar, and also which is being investigated by the Office Of Fair Trading.

 

The nature of the penalty charges is such that they are the exercising of an unfair term in the contract, intended to unduly enrich HSBC, and that the levying of such charges is contrary to the Unfair Terms in Consumer Contracts Regulations ( 1999 ). Notwithstanding this, they are also unlawful under the Common Law, insofar as they do not represent a true cost to HSBC in rectifying purported breaches in the account.

 

After successfully obtaining a refund of penalty charges from HSBC for the period March 2000 to March 2006, HSBC continued to apply these penalty charges to my account. This was in clear defiance of the direction provided by the OFT on 05 April 2006, reinforced by additional statements by the OFT on 18 May 2006 and 01 June 2006, and stating that the charges were not lawfully fair.

 

In light of these statements, and with regard to HSBC's continued application of unlawful charges to my account, I gave HSBC 30 days notice of an amended term to the contract on 28 April 2006. This informed HSBC that further efforts on my part to bring these errors to their attention, and for HSBC to correct those errors, would result in an invoice being submitted, for my time and efforts in rectifying these errors made by HSBC.

 

HSBC did not respond to my notification, and as such they are deemed to have accepted this amended term. (it is to be noted that HSBC operates a policy whereby a non-response deems acceptance of amended terms)

 

HSBC continued to notify me of unlawful penalty charges that were due to be applied to my account, and I duly brought these errors to their attention on 01 June 2006 and 26 June 2006. This was for TWO separate sets of unlawful penalty charges, and I duly submitted an invoice in the previously agreed sum of £75 for each of these breaches (reference HSBC/XXX/001 and HSBC/XXX/002).

 

The terms of the invoices were clearly provided, and that the settlement period was 28 days. I have since been informed by DG Solicitors, acting for their client HSBC, that "There is no question of HSBC meeting your "invoices""

 

The claimant claims settlement of these invoices in the sum of £150.00. The claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the settlement due date of these invoices to 28 July 2006 of £0.55 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.03

By the way - representatives of HSBC or DG who might be reading this thread: Spicey is coming to get you - I WILL get my money.

 

See the steps I took to get my bank charges back

Spiceskull v HSBC

Thank you Consumer Action Group

Read my blog

View a heated discussion about bank charges on the Times Educational Supplement bulletin boards

 

[Milamber]

Interest at 3p per day? Nice one.

[Movingon]

I think I want to marry you... that's fantabulous.

[Spiceskull]

I think I want to marry you... that's fantabulous.

Marry who...? I know you are the same gender as I...errrrr? Do you mean milamber?

[Movingon]

Marry who...? I know you are the same gender as I...errrrr? Do you mean milamber?

 

Sheesh... a joke chap. It was a JOKE. I was merely expressing the quite humnaggerous levels of admiration I have for anyone that would do this...

 

Just for completeness I think Milamber may be a chap, too...

[Spiceskull]

Sheesh... a joke chap. It was a JOKE.

Just checking

[Tobes]

scaredy cat

[andyinlondon]

Classic i like your style....fingers crossed for you

[Spiceskull]

Claim for invoices against "charges pending" being raised tomorrow:By the way - representatives of HSBC or DG who might be reading this thread: Spicey is coming to get you - I WILL get my money.

Raised...and boy, does it feel soooo good!

[Spiceskull]

Still waiting for the claim number so I can raise this one in litigation in progress. However, just received a letter from DG, explaining the discrepancy over the so called refund of £125...someone made a mistake. The letter then went on to reiterate:

For the avoidance of doubt we repeat that HSBC will not be paying any of your "invoices"

Oh dear, how will they deal with the claim then - they will have to defend it in court...interesting times ahead...