make_me_happy v HSBC - closed business account ***WON***

[make_me_happy]

hello, I have just today (after receiving a pallet of bank statements from HSBC) sent my first LBS letter with my breakdown of charges for the last 6 years. It amounted to £2,050. This account is current closed since March 2006. It will be fun to fight for this one, because I do not have to be scared of retaliation from the bank. I know my chances to hear from them are very slim, so I have already prepared the 2nd LBA letter and when 29th March comes I will be sending it first thing in the morning!

 

I keep you all posted.

 

Good luck to us all!!!!

[givememymoney]

Excellent and good luck to you

[loubi2136]

yeah couldnt agree more.......................GOOD LUCK:)

 

Keep me posted i will be sending my second letter 26th march!!!

 

Luci

[make_me_happy]

Had an answer letter from Colin @ leeds dated 20th March saying that thay are looking into the matter. Next...SOD OFF letter will come soon....

 

Second LBA will be going on 30th March...

[nettyg]

keep to your timescales and carry on with your claim. the sod off or any other 'we're investigating' letter is commonplace now - don't mean diddly squat! unless you receive a full offer just keep going full steam ahead

[make_me_happy]

I am having so much fun with this....

Today I got a sort of FOB OFF letter form HSBC. Funny thing this came form the Head Office!!!! Commercial Core Products, have anyone heard of this one???

 

The letter says:

 

WITHOUT PREJUDICE Of course!!!

 

Thank you for your letter dated 15th March 2007 requesting a refund of your business banking charges totalling £2,050, however we are only accepting claims in respect of overdraft related charges. Look at the tactics!!! In the absence of an auditable schedule in the format or date/ charge type/ amount, this is rejected.

 

Whilst I am willing ( without admission) to consider your claim for reimbursement of certain overdraft fees that you incured where a transaction exceeded your pre-agreed overdraft I am not prepared to entertain claims in relation to your other pre-advised/ notified fees including Money Transmission (cheques, credits, etc) and Arrangement and Renewal Fees which you may have included in your initial schedule.

 

Before we can properly consider your request, you will appreciate that we must understand precisely to which overdraft charges you refer. If you wish to pursue this matter, please write to us again with a specific breakdown detailing the amounts and dates of the charges in question, whereupon we will be able to consider your request.

 

Please note that for the purpose of this exercise, 'Total Charges' is insufficient as it comprises a number of various charging components which must be split out and itemised for the purpose of your claim. I am sure that you will find corroborative comment to this effect in plentiful evidence.

 

You will find a detailed breakdown of your overdraft charges in the Pre-Notification Advice which was sent to you every time your received a current account statememnt. If you no longer hold these our staff will be happy to assist although a fee will be payable for the work involved.

 

You will of course require this level of deatil/ information should you decide to take matters further.

 

The contract between the bank and its customer is governed by our Business Banking Terms and Conditions. In respect of overdrafts, I would refere you specifically to Clause 8. The circumstances and level of charges is stated in our published Price List, both of which will have been provided to you when you opened your account. Additional copies of our Terms and Conditions and our Price List can be requested from our branches, by telephone or online.

 

if we do not hear from you again within the next eight weeks, we will consider the matters resolved.

 

Signed Jonathon Cuff - Senior Product Manager

 

Now tell me, please is this a new tactic???? I have never ever mentioned overdraft charges!!!!!!!!! Amazing....

I have already answered him as follows:

 

Dear Mr Cuff,

 

ACCOUNT NUMBER: XXXXXXX – XXXXXX

 

Thank you for your letter of 27th March 2007, received today.

As it would appear that you have either not read my previous correspondence, or failed to understand it, I would like to take this opportunity to answer the points made in your reply, as follows:

The amount I am claiming of £2,050 relates to UNLAWFUL bank charges and has no relation whatsoever with OVERDRAFT CHARGES.

You have applied to our account numerous unpaid cheque charges of £28 each time for the last 4 years. These charges are considered penalty charges which are unlawful at Common Law and contrary to Statute. If you say they are not, please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

I have not included in my claim any Money Transmission Fees and Arrangement and Renewal Fees as you have mentioned in your letter.

I am enclosing with this letter AGAIN a breakdown of the charges I am claiming.

If there is a question whether I should or not be claiming on Total Charges, please let me have a breakdown of the Total Charges applied to my account on 23rd March 2006 for the amount of £248.00. I will then be able to identify how much of this amount relates to overdraft interest on penalty charges and so forth.

It is true that your company is ‘upfront’ about your charges on your various leaflets. However, if I were to tell you in advance that I was going to steal from you, the warning would not make the theft any more legitimate. Likewise with your charges, which, as you were aware, the Office of Fair Trading considers to be UNLAWFUL.

I require repayment of this money. If you do not return it to me in full within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

Yours sincerely,

 

 

 

Lets rock baby!!!!!

[chargeback]

With Regards to business acounts only Total Charges as they appear on statements are a combination of overdraft fees and non claimable account activity fees.

 

I got mine after visiting my local branch, they hold the information on their systems and are able to print off copies, tell them that you want a breakdown of the different items that make up the total charges.

 

Edit: Just read your reply, very nice seems like you have things sorted

[make_me_happy]

Thanks for that, I will do that. But, i am sure they can cough up the money without the charges if they wanted to....

[make_me_happy]

I just phoned HSBC and some of the total charges are £4 per day for unauthorised overdraft. Can I claim back those???

[make_me_happy]

I just phoned HSBC and some of the total charges are £4 per day for unauthorised overdraft. Can I claim back those???

 

 

Can anyone help me with this query please as I just had my breakdown of total charges and £48 of it is in regards to £4 per day unauthorised overdraft.

[chargeback]

Hi, The overdraft portion of your total charges are claimable, none of the other bits are as far as I know.

[make_me_happy]

So you mean the £4 per day charge will be refundable, but not the rest?

[make_me_happy]

By the way I received another fob off letter which I will be answering today giving them 7 days to put their acts together, otherwise I will proceed with the claim.

[chargeback]

Yes, the £4 a day OD fee is claimable, in my case the rest are not as they relate to "legit" non claimable charges such as a £3 a month account fee and charges for paying in/out cash cheques and DD

[make_me_happy]

Yes, the £4 a day OD fee is claimable, in my case the rest are not as they relate to "legit" non claimable charges such as a £3 a month account fee and charges for paying in/out cash cheques and DD

 

Thanks chargeback, I just drafted my letter to HSBC giving them 7 days to cough up otherwise I will be filing a claim. Last letter...!!!

[make_me_happy]

Update! Got a letter today from the Head Office @ Canada Square offering me £1,000 out of the £1,850 I am claiming. I am just organising a rejection letter to go out tomorrow. Shall I give them another 7 days to respond?

[givememymoney]

happy I think you have given them enough time to give you a decent offer. They need to know you are serious and you should proceed with the court action now.

[make_me_happy]

Well, I have given them last 7 days to offer me the full amount. I will not write again, if they do not write to me or send the offer within the time limit I will commence MCOL. They have until 24th April. Let's hope that I do not need to go further. I think they know now I am not going to give up.

[make_me_happy]

YES, YES, YES............

 

I just received letter from Canada Square offering me the full amount £1,850. I just need to sign and send back the letter and they will send payment.

 

3 questions:

 

- Are they still going to pay me if I cross out the confidentiality bit?

- Can I request to be paid by cheque as this account is already closed?

- It is a joint business account, although I have been writing the letters and signing it myself. Are they likely to send a cheuqe in both names or only mine?

 

I am so happy, happy, happy............

[nettyg]

CONGRATULATIONS MMH, I'M THRILLED FOR YOU - WELL DONE! :D

[make_me_happy]

Thanks nettyg. It wouldn't happen if it wasn't for this site and the help of all of you.

 

3 questions:

 

- Are they still going to pay me if I cross out the confidentiality bit?

- Can I request to be paid by cheque as this account is already closed?

- It is a joint business account, although I have been writing the letters and signing it myself. Are they likely to send a cheuqe in both names or only mine?

 

Please can someone help me with those questions as I am dying to send the letter to HSBC and get my payment!!! Hippy!!!

[givememymoney]

Yes (I did and got paid) and Yes and they will send the cheque in whatever name you ask for it after all it is your money.

[make_me_happy]

Thanks, let's see how long it is going to take for them to send me my cheque.

 

I am v v v v happy!8-)

 

Do I need to have this thread marked as WON?

[make_me_happy]

Does anyone out there know how long it takes For HSBC to send cheque out?

[lateralus]

please, please do this:Litigation Section - View and print out litigation spreadsheets here - please pm a mod with your details.

it will help with the date base for the court bundles - you'll be helping people who are still trying to get there!

thanks so much!