nyc_lond10 Vs HSBC Bank

[nyc_lond10]

So now what......? Have the new POCs come out....? Not sure what's next here...any help?

[pinkduchess]

hiya robert......heres some reading fro you

The Bank Charges decision - where to now

[nyc_lond10]

So I guess thats it then....time to throw in the towel. I don't much hope here....

 

Do you think they mights settle for less...?

[nyc_lond10]

Hi All - I read the announcement about the Govan Law Centre, etc - looks promising....!!

 

However, could someone please advise....?

 

I received a letter from HSBC on Saturday - it goes:

 

As we explained in our letter of 18th December, following the Suprme Court's finding that bak charges are not capable of amounting to penalties at common law and that the level of charges cannot be assessed for fairness under UCTA, we are now in a position to deal with your complaint. We believe that the disputed charges were properly charged and the outcome of the legal proceedings supports our position. As a result, we confirmed that we would not be upholding your complaint and would not be refunding the bank charges. we invited you invited you to contact us if you believed that the charges are unfair on grounds other than the level of the charges, and that we had failed to address all of the issues raised in their complaint.

 

Next - lots of blah about the OFT and the justices comments, etc. Then some commentary about that they (HSBC) considered the views of a numbe rof interested parties (who...???) and that the OFT would not be continuing its investigation under UTCCR after careful consideration, etc. blah blah.... and that there were no other potential bases of challenge under Regulation 5(1) that stood a realistic prospect of success (of course they would say that....!)

 

Then they address my response to the 18 December letter i.e. we are confident that there is nothing inherently unfair about the relationship between the bank and customers, indeed the OFT have recognised, and we agree, that a generic challenge based on s.140 CCA would not have good prospects of success. Accordingly we do not accept your claim on this ground.

 

For all the reasons set out above, we do not consider that any of the grounds rasied in your letter provide a basis on which your complaint should be upheld. Acordingly we will not refund the bank charges. . If we do not hear from you in 8 weeks we will consider the matter closed.

 

This letter constitutes out final responsewith regard to your complaint about overdraft charges and should you remain dissatisfied, you have the option to raise it with the Ombudsman scheme, etc.

 

You have six months to refer your complaint to them should you wish to do so.

 

Any thoughts...?

 

Much appreciated.

[Old Cogger]

Hi All - I read the announcement about the Govan Law Centre, etc - looks promising....!!

 

However, could someone please advise....?

 

I received a letter from HSBC on Saturday - it goes:

 

As we explained in our letter of 18th December, following the Suprme Court's finding that bak charges are not capable of amounting to penalties at common law and that the level of charges cannot be assessed for fairness under UCTA, we are now in a position to deal with your complaint. We believe that the disputed charges were properly charged and the outcome of the legal proceedings supports our position. As a result, we confirmed that we would not be upholding your complaint and would not be refunding the bank charges. we invited you invited you to contact us if you believed that the charges are unfair on grounds other than the level of the charges, and that we had failed to address all of the issues raised in their complaint.

 

Next - lots of blah about the OFT and the justices comments, etc. Then some commentary about that they (HSBC) considered the views of a numbe rof interested parties (who...???) and that the OFT would not be continuing its investigation under UTCCR after careful consideration, etc. blah blah.... and that there were no other potential bases of challenge under Regulation 5(1) that stood a realistic prospect of success (of course they would say that....!)

 

Then they address my response to the 18 December letter i.e. we are confident that there is nothing inherently unfair about the relationship between the bank and customers, indeed the OFT have recognised, and we agree, that a generic challenge based on s.140 CCA would not have good prospects of success. Accordingly we do not accept your claim on this ground.

 

For all the reasons set out above, we do not consider that any of the grounds rasied in your letter provide a basis on which your complaint should be upheld. Acordingly we will not refund the bank charges. . If we do not hear from you in 8 weeks we will consider the matter closed.

 

This letter constitutes out final responsewith regard to your complaint about overdraft charges and should you remain dissatisfied, you have the option to raise it with the Ombudsman scheme, etc.

 

You have six months to refer your complaint to them should you wish to do so.

 

Any thoughts...?

 

Much appreciated.

 

Quite like the response I got and others, o.k. do as I have keep the case open complain to FOS that keeps it live, but go through your arguments and note responses to HSBC as their letter pretty more like Template reply with adjustments, only my opinion.

[johnnymitch]

Mike is right nyc.... make sure the bank knows you're keeping it alive .... so they can't use the 8 week axe ......The above letter is their usual template of half-truths and omissions.....

[nyc_lond10]

Mike, Johnny,

 

Thanks to both of you - very helpful and good to know I am not alone. Are other cautiously positive with Govan Law centre case....?

 

I will then complain to the Ombudsman - and explain why i think HSBC letters b.s. - I already sent a letter to the court, asking them to keep case open (effectively castle's letter)

 

Mike - When you say "go through your arguments and note responses to HSBC" - other than s. 140 CCA - is there anything else....am I missing someting.

 

Thanks, again.

[Castlebest]

Ok eyes down look in its here

 

The Consumer Forums - Announcements in Forum : HSBC Bank

 

not had a chance to read it myself yet so I would say be careful with it, if there is ANYTHING you dont understand or have questions about ASK before you submit it and as BF says it might be better to let them look at your case before you go ahead ans amend your POC's.

 

pete

[Old Cogger]

Mike, Johnny,

 

Thanks to both of you - very helpful and good to know I am not alone. Are other cautiously positive with Govan Law centre case....?

 

I will then complain to the Ombudsman - and explain why i think HSBC letters b.s. - I already sent a letter to the court, asking them to keep case open (effectively castle's letter)

 

Mike - When you say "go through your arguments and note responses to HSBC" - other than s. 140 CCA - is there anything else....am I missing someting.

 

Thanks, again.

m

 

 

Referring to any or all reasons you have been able to raise regarding your circumstances that you have listed in your letter of complaint, you must of listed your own reasons i.e. UTCCR sections for which HSBC have replied/or not, I see you are using Court route, so which are you going to try first Ombudsman or court, seems you have used castl!s letter, so may be that is it for now, see what Johhnymitch thinks ??

[johnnymitch]

Hi nyc and mike

 

Have a look at these latest links :

 

The Consumer Forums - FAQ - The New Bank Charges Position

 

The Consumer Forums - Announcements in Forum : HSBC Bank

 

and as Bankfodder says , forget the FOS they're a waste of time these days .........

[Old Cogger]

Hi nyc and mike

 

Have a look at these latest links :

 

The Consumer Forums - FAQ - The New Bank Charges Position

 

The Consumer Forums - Announcements in Forum : HSBC Bank

 

and as Bankfodder says , forget the FOS they're a waste of time these days .........

 

 

Hi Johnnymitch, will read contents, any letter when dealing with Bank/OMB,or suggestions??

Edited February 25, 2010 by Old Cogger

[johnnymitch]

Not at the moment , Mike , if you read BF's advice on the link you'll see what I mean .... but things are looking rosier ....

 

Come back if there's anything that you think hasn't been covered at the moment , we'll see what we can do ...

[nyc_lond10]

Sorry been away....

 

So what do I do next...? send a letter to HSBC saying I am keeping this alive and open and send a letter to FOS?

 

Anyone have a template?

 

Thanks,

Robert

[johnnymitch]

You could try something like this as a holding letter, but keep an eye out in case the bank try to get the court to strike it out on their arguments...

 

The court would of course notify you and hopefully give you an option to extend the stay ... or run with the claim , or agree to the strike -out .....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/244669-hsbc-after-test-case.html#post2733231

 

Pete sent a copy of this letter to his court too .... and he's just told us they've extended his stay until NOVEMBER ..which will give him great breathing space to run with the amended POCs ...

 

I'm not saying every court will do it , but , if you don't ask you don't get ..... lol;)

[nyc_lond10]

Thanks Johnny - oddly enough thhe letter above came from HSBC and I received a new letter two days ago from Dg Solicitors (I know they are one and the same - but they're not even talking to each other...)!

 

So while HSBC has given me 8 weeks to respond, DG has asked me to respond in like a week....?

 

I will send them (HSBC and DG same letter) - Pete's letter.

 

Thanks (as always)

[Castlebest]

Hiya NYC, send a copy to your court too marked with your claim number and "for information". This will keep them in the loop and let them know your claim isnt dead .

 

pete

[nyc_lond10]

Hi all - its been a few months so just coming back to see if any new strategies have come about to challenge charges.

 

I received a letter today from DG giving me 14 days to decide what I want to do...(not sure about what - but I guess make some attemot at paying charges. Anyone hear of any settlements being accepted? How about the interest on top of the charges that accumulated while I was waiting for the unfavourable surpreme court outcome....?

 

Anything new??? Thansk as always. Robert

[nyc_lond10]

Any ideas on the above...?

[nyc_lond10]

Helllo - can anyone advise on this please?

[nyc_lond10]

Please help...

 

Just realised DG sent the letter - "we have noticed you contacted our client on 30th april 2010 and they gave you a response on 5th may", we have been informed no further contact has been made, therefore can we have your proposal regarding the above account with in the next 14 days".

 

Funny thing is the letter has the wrong account details! Surely thats a violation of data protection!..?

 

Also - doesn't the banking code saying something about charging interest while the account is in dispute...?

[violet.o]

hi nyc,

 

using the advanced (complex) spreadsheet, you enter the total charges and any card misuse charges etc on the left hand side, and you enter the overdraft interest charged (say it was £15 debited on 25th March relating to the period 5th Feb to 5th March) you enter the date on the right hand side of the spreadsheet as 25/3/2007, enter £15, next column enter your account balance at 5/3/2007 (or if you wanted to be really accurate work out your average daily balance between 5/2 and 5/3 and enter that figure instead), leave the interest free overdraft column blank because during those periods when you were an employee you weren't charged interest so you won't have any to reclaim, and the spreadsheet will automatically work out how much of the £15 interest relates to penalty/total charges in the overdrawn balance. Sometimes it might mean all of it and at others only a proportion is reclaimable.

 

get back to me if this doesnt make sense to you.

Do anyone know where from i can get this kind of spreadsheet?

I'm tying to work out how much overdraft interest charges did i pay to bank. i all ready use one of spreadsheet to see how much charges did i pay, i believe i cant add 8% from beginning. I'm so confused.

please help me!

http://www.consumeractiongroup.co.uk/forum/barclays-bank/268634-dpa-request-2.html

[pinkduchess]

Interest calculation spreadsheets

 

the advanced spreadsheet calulates the overdraft interest which can be claimed from the start

 

 

the 8% statutory interest is added when you file your claim with the court

[violet.o]

Interest calculation spreadsheets

 

the advanced spreadsheet calulates the overdraft interest which can be claimed from the start

 

 

the 8% statutory interest is added when you file your claim with the court

thank you so much, im so silly:p

[nyc_lond10]

Today I received a letter from DG Solicitors:

 

URGENT - NOTIFICATION OF INTENDED ACTION

[nyc_lond10]

Today I received a letter from DG Solicitors:

 

URGENT - NOTIFICATION OF INTENDED ACTION

 

We refer to our previous correspondence.

 

As you have failed to repay the above debt, our client is considering instructing us to issue legal proceedings against you in the county court. This may result in judgment being entered against you and if the judgment is not satisified, an application being made for an attachment of earnings order.

 

An attachment of earnings order is an order from the court which may be sent to an individuals employer where they have disposable income, requiring the employer to make deductions from their wages each pay day to repay adebt.

 

this letter is therefore warning you of possible legal proceedings, in the event our client is not paid the debt owing.

 

IT IS NOT TOO LATE TO AVOID THIS COURSE OF ACTION

 

please contact us immediately on freephone to discuss repayment of your outstanding debt. if you need time, we may be able to arrange this.

 

Any ideas? what next? I sent a Castle's letter to court and HSBC saying that I was going to file new POCs - but havent actually filed anything yet. I was waiting for the outcome on Govan case.

 

Can I try to settle without the interest that was accumulated? can they ask for interest while the debt was in dispute?

 

Any answer please!!!