barracad v HSBC **WON** Woohoo!!

[barracad]

First things first... Fab site!!

 

Right then, I sent the DPA letter to HSBC on 14th March. I already knew the amount I was claiming (£2125) but thought I should get the details on manual intervention 'just in-case'.

 

It took HSBC until 11th April to even acknowledge my request. They agreed to send all my statements free of charge, and with regards to manual intervention they said Although many of our systems are automated, a "manual intervention" by HSBC staff may be required in a variety of situations including; account opening, dealing with correspondence or telephone calls, when deposits or withdrawals are made over the counter at our branches and from time tim time during account administration.

 

I replied to this on 13th April making it clear that I needed to know details of manual intervention relating to my account, and reminding them they had until 23rd April (40 days) to provide this information.

 

To date, they have completely ignored this request, so I complained to the Information Commissioner on 2nd May hoping this would get them to provide the notes. I have still heard nothing from HSBC or the Information Commissioner.

 

So I need some advice, should I wait to see if HSBC provide any details regarding manual intervention or should I just proceed with the Prelim letter? I know at this stage I don't need it but I wanted to be prepared if it ever reached court (and I know it's a big 'if').

 

If it did reach court and they argued manual intervention, would the fact that I've waited this long go in my favour? All advice appreciated.

[Guest Lueeze]

Do you know the amount yes?

 

If so do the prelim, and LBA after 14 days and then file in court.

 

Dont worry about the manul intervention as this is about as much as they will disclose on that!

 

If they have failed to provide statements then you can take them to court for this too!

 

I would chase the IC as well!

 

Lou x

[Spiceskull]

Hi,

 

You are doing everything right so far. Proceed with your preliminary letter, and start your timetable for claiming. It is unlikely you will receive any more transaction details from HSBC.

 

The claim won't reach court (very unlikely to...) and therefore their defence of manual intervention is irrelevant. However, they would need to provide this to you if they were going to use it in defence. They haven't, and therefore they won't.

 

Once you have sent the prelim, ignore everything they say to you that isn't an offer for settlement. They like playing the scare tactics game - all you need to focus on is them repaying you what is rightfully yours.

 

Good luck.

[barracad]

Prelim sent today.

 

Thanks.

[Spiceskull]

Keep us posted on progress...

[barracad]

Received response to Prelim today from HSBC offering me £1863 out of the £2175 claimed. Not far from the full amount, so very tempting, but am going to send LBA asking for full amount instead.

[barracad]

Any comments/suggestions on this amended LBA before I send it?

 

 

Dear Mr Pretty,

 

Thank you for your letter dated 25th May offering a partial refund of my total claim. I am willing to accept the part payment offered by you for £1863, however please be aware that I will still pursue the remaining amount.

 

As stated in my previous correspondence, I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

As I have mentioned in my previous correspondence, I 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 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.

 

I calculate that you have taken £2,175 (less any partial settlement as detailed above).

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Finally, I also note your suggestion that I complain to the Financial Ombudsman Service if dissatisfied with this decision. However, please be advised that it would be inappropriate to complain to the Financial Ombudsman Service where the only forum which can determine a dispute on the legality of charges is my local court.

 

Yours sincerely,

[monkey_uk]

LBA is fine (as I told you already!).

 

Make sure you push for the FULL amount.

 

I was glad that First direct didn't settle before I lodged the court claim, as if they had, it'd have been minus the 8% interest (about £300 in my case!).

[barracad]

Further letter from HSBC received today - this time from Phil Beaumont.

 

This time no mention of an offer or anything - I'm assuming this means they've withdrawn their previous offer of £1863.

 

It's just a basic "naff off and go to the ombudsman" letter.

 

Looks like it's time to go to court!!

[monkey_uk]

Yay!

[barracad]

Claim filed

 

6QZ39491

 

£2549.37 + £120 Court fee

[monkey_uk]

Yay! You should have the money in the next 3 weeks or so then.

[barracad]

Letter received today from DG Solicitors:

 

WITHOUT PREJUDICE

 

Dear Sir

 

Re: Yourself -v- HSBC Bank Plc

 

We are instructed by HSBC Bank plc in respect of the claim you have recently issued.

 

HSBC is entirely confident that its charges are reasonable, and properly and fully disclosed in its terms and conditions, and that it would successfully resist any challenge in the Courts and in relation to them.

 

HSBC is, however, 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 a payment to you in the sum of £2669.37 representing the charges applied in full and final settlement of this matter. HSBC does, reasonably, require 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 me and I will arrange for a refund to be made to you.

 

Yours faithfully

 

DG Solicitors

Now all I need to do is tell them I'm not keeping it confidential, then I'll get my money!!!

 

:D:D:D:D:D

[un1boy]

Do you get ur money even if you u resist the confidentiality clause? I would have thought that was part of the settlement conditions?

 

This is what I;m confused about!!

[barracad]

Everyone else who has refused confidentiality has still got their money as far as I am aware.

 

At the end of the day, you're taking legal action against them to reclaim your money. How dare they try and bribe you with your own money?!!

 

There is no need to accept any conditions they attach, they will still pay up. They've made it clear they don't want it to go to court, so they'll pay. If they refused to pay, it would go to court and you'd win.

 

I will update here when I have received my money just to clarify, but if you browse round the forums you will see for yourself.

[un1boy]

Oh Barracad, I have read through the forum at length, lol and am aware others have got their dosh! Just something I was thinking about that's all, thought it maight have been a condition or something, lol.

 

Makes you wonder though, if they are in the right, why do they want to shut us up?! Gotta be something in that, eh?

[barracad]

Makes you wonder though, if they are in the right, why do they want to shut us up?!

 

'Nuff said!

 

If they attach any conditions, refuse them. They'll still pay up.

[Mindbomb]

Nice one Barracad.

Well done.

[monkey_uk]

Congrats Barracad!

 

Told ya so!

 

If you fax the reply to them, you'll have the money a little quicker too, that's what I did, then called the lovely Debbie D'Aubney* (I bet she's such a fox, after speaking to her lol!) to check they'd got it. It's up to you, just a thought.

 

 

 

*Note to others: I am NOT recommending that barracad calls and enters into dialogue with DG Solicitors, merely that he calls:

 

Have you received my signed acceptence of your offer in full settlement?

 

Yes we have, I am in discussion with my client at the moment, and we will inform you of the outcome.

 

Ok, thanks

 

Gettit??

[barracad]

If you fax the reply to them, you'll have the money a little quicker too

 

Actually I wouldn't! If I send it in the post tomorrow it will be there on Monday. Earliest I can fax it would be Monday, but I don't think I'd be able to do that. Realistically, earliest I can fax it would be Thursday.

 

Ta for the advice anyway!

[Isiris]

Barracad

 

I know this will 99% be a typo but the amounts are incorrect. You say they have offered you £2269.37 yet your claim is for £2549.37 plus costs of £120 so would be £2669.37.

 

Like I said sure its a typo on your part but just in case they are working you a fast one.

[monkey_uk]

It is indeed a typo (I know this has barracad is a friend of mine and he sent me a text when he'd got the letter, telling me what they'd offered him).

 

I've corrected barracad's post.

[Longleigh10]

Hi,

Well done, and congrats. Did they threaten to close your account at any stage?

[barracad]

Just to confirm, I crossed out the confidentiality clause and still received the payment in full, despite refusing to agree to confidentiality.

 

No threats of account closure yet - but this isn't quite over as they have since charged me a further £25, they still haven't replied to my DPA request, and I remembered I used to have a credit card with HSBC years ago so that may have charges.

 

Remember I was a 'newbie' once too - if I can get my money back, anybody can - good luck to you all.

[monkey_uk]

Well done mate!