Sent of template, standard reply...what now?

[picklejar]

I wrote to HSBC on 30th Jan and had a standard (we are investigating) reply.

I'm not sure what to do now, becasue the template I used from here said 7 days for a refund of charges or 40 days for them to hand over statements. I can't start any court action until I have the statements to work out how much they owe me.

Is there anything I should do to reply to the letter they've sent or should I wait the 40 days?

Thaks for all the help available on here.

[richardc]

You should have waited for result of DPA request before threatening them. If you don't know how much they have charged you, you can not issue a claim. Wait for details of charges then write to them again. Read FAQ>

[picklejar]

Another reply received Friday.

 

"Further to our letter dated 8 February, having completed my enquiries into the issues raised in your letter 30 January. Please accept my apologies for the delay in responding.

 

You will appreciate that it is the responsibility of the customer to ensure that sufficient cleared funds are available on an account to meet the items presented for payment. Where this is not achieved items may be returned unpaid, or the account be paid overdrawn with subsequent charges accrued in line with the Bank’s published tariff.

 

I would confirm that the contract between the bank and its customer is governed by HSBC’s standard terms and conditions. In respect of unauthorised overdrafts, the relevant clauses are 6.1 to 6.6. in these circumstances, there is a process that involves the bank considering whether or not to pay the item. A fee is payable for this and the fees are as set out in the published price list.

 

Nevertheless I note that as a gesture of goodwill £164.15 of correctly applied charges interest were refunded 24 January 2005 to close your account. As such I regret that I am unable to agree to refund and further correctly applied charges.

 

We enclose a copy of the relevant terms and conditions and a copy of the latest prices for your information.

 

Thank you for taking the time to bring your concerns to the bank’s attention. I trust matters can now be considered concluded. However if this is not the case the next step in our complaint handling procedures is detailed on the enclosed guidance sheet."

 

My letter was sent on the same day as theirs

 

"I am dissatisfied with your standard response with lack of any specific dates to my initial letter.

 

There are 9 days remaining to furnish me with all statements from the past 6 years under the Data Protection Act (1998).

 

l shall report this breach of the Data Protection Act (1998) to the Information commissioner on the 11th March 2006, if I have not received a cheque or full breakdown by that date."

 

Should i do anything further at this point, or wait to see what reply to my last letter.

[richardsimkiss]

Personally I'd wait until the 12th (to be sure) and see what (if anything) you have from them by this point. If nothing, report them, if statements, work out your total charges they owe you then write saying you accept the £164.15 but contest that the charges are still unfair and you will continue to claim for the remaining amount.

 

That's how i'd approach it anyway, though that's not to say it's the correct or best way to go about things.

[BankFodder]

Send your DPA reminder as you suggest. Send it special delivery.

 

If they fail to respond then make your DPA complaint but also you might like to try something a little more daring if you feel up to it.

 

You might like to sue tham on breach of an implied term to comply with their contractual duty to confirm to UK law and any reasonable requests made under UK law - including a DPA request.

 

I don't see any risk to you. They can't say that they don't have such a duty. I expect that it wld stay n the small claims track. the calm would be for some damages to be assessed up to £1500 and in injunction requiring to comply immediately with their duty.

 

I expect that this would produce the statements quite quickly without a court action - but if course it is up to you.

[picklejar]

This sounds interesting, but I'd need some hand holding on how to go about it.

[richardsimkiss]

If you're unsure/uncomfortable on suing them for "breach of an implied term to comply with their contractual duty to confirm to UK law and any reasonable requests made under UK law - including a DPA request." (as I would be) then personally I'd suggest keeping it simple, sticking to the fundamental argument that most are claiming on. Remember that whichever route you choose, you may have to justify it in a court room.

[picklejar]

My second letter had the desired results, (although late) I received my statements yesterday, no charge.

 

I'm a bit confused reading through them as I have many charges for unpaid cheques which don't seem to apply to anything eg.

 

UNPAID CHEQUE £150.00 08/04/2002

UNPAID CHEQUE £150.00 08/04/2002

UNPAID CHEQUE £150.00 08/04/2002

TOTAL CHARGES £12.00 08/04/2002

 

The bank abbreviation for these charges is DR which is the same as all their charges on my account, and these amounts have been debited from my account, but there are no cheque numbers which apply to them and no cheques out for those amounts. The £12 would appear to me to be a £4 charge for each of those items, but it could be anything.

 

Any suggestions appreciated.

[richardc]

I would agree with your reading. The charges @ £4 seem remarkably low.

[picklejar]

Thanks for reply, so do I include all of those DR's for cheques in the amount i'm asking back from the bank?

[richardc]

I would include the charges amount.

[picklejar]

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