Rayne Vs HSBC - Round 2

[Rayne]

good idea batman

[Rayne]

how about:

 

"I am writing to ask you to refund to me the charges which you have levied from my account between 6th June 2001 and 25th April 2007, broken down as follows:

6 June 2001 to 13 March 2003 Total Charges: £107.50

9 March 2007 to 25 April 2007 Total Charges: £475.00

Total Levied: £582.50

I also note that you are due to levy a further £100 on 7th May 2007, which will bring the total to £682.50. Should these also be deducted from the account then I shall be claiming for these, either now or at a later date, at my discretion.

I 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. If you say that 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 true costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

 

What I require

I calculate that you have taken £582.50. I enclose a schedule of the charges which I am claiming with this letter. I also require that the charges due to be deducted on 7th May 2007 not be deducted. If they are deducted then consider them part of this claim, which will bring the total to £682.50.

 

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter this time and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets as you did previously.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive full payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. I would urge you to settle this matter earlier rather than later as failure to do so will incur further costs against you, with the addition of court costs and any other fees I may need to pay in order to bring another successful claim against yourselves.

 

 

Yours faithfully,"

[Rayne]

Well, in anticipation of them actually deducting the £100 on 7th May, I've already done the LBA, just got it sat waiting

 

Since 6 June 2001 you have deducted from my account £682.50 in charges, despite my successfully claiming £2,800.21 against you. 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 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.

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, which you have clearly failed to do.

 

I calculate that you have taken £682.50. Included in that amount are also charges I initially missed in my original claim which I now include.

 

I am enclosing another copy of the schedule of the charges which I am claiming.

 

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

 

Please be aware that as I have already successfully claimed against you I will have no compunctions about going “all the way” with this claim.

If it is your contention that your charges are lawful then I look forward to arguing the case in court, which we both know will not happen as HSBC and their legal representatives, DG Solicitors, have always settled out of court in the many hundreds of cases brought against them, thereby wasting valuable court time and money.

Please also note that with the added expense of my filing against you again then the cost to you increases from £682.50 to approximately £800.00, give or take, so it is in your best interests to settle earlier rather than later. As a further note, the timescale is non-negotiable.

I look forward to your earliest settlement.

Yours faithfully

On a bit of a downside - the Maldives fell through on the grounds that it's entering their rainy season and we weren't prepared to spend £2500 to be rained in for a fortnight, although being honeymooners I'm sure we could have found SOMETHING to do So it's Mexico instead now, Playa Del Carma for a fortnight :D

[pinkduchess]

can I come??

[Rayne]

LOL!!!!

 

pd as much as a menage a trois sounds appealing, the other half would never go for it

[pinkduchess]

don't ask, dont get - thats my motto

[Rayne]

lol class

[Rayne]

oh well, was kinda hoping they would have learned the first time round...guess they're more stupid than I initially allowed for

 

got the standard fob off letter from our mate colon this morning, the "we're looking into it and will get back to you" one

 

dumb dumb dumb

[Castlebest]

We assume because they are a big multi national corporation they know what they are doing, why do we do that? look at this site we know they don’t.

pete

[Rayne]

pete, for the 1st time in 5 years i was out with my b/h last night so i have an excuse for being up at silly o'clock, if u know what i mean like ;)

 

just saw the time on one of ur other posts...do u EVER sleep????? lol j/k

[Rayne]

just skimming through the abbey forum and came across this...might be worth a go with hsbc as well i thought? http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

[lateralus]

i don't see why not - we'll have to remember it when peeps get an aq - which is now not the norm - my how quickly things change around here.

[Rayne]

tell me about it - not actually looking forward to claims two and three atm, considering, as u say, how fast things are changing

 

still, makes things....interesting

[Castlebest]

The system changing isn’t a problem because of the free flow of information we have here and the people who can sit, think and put that into action, we can and do change as fast as any change in the system.

Oh... and I only sleep when the local virgins lock their windows at night

pete

[freakyleaky]

[quote=Castlebest;80014)

the local virgins

 

pete

 

You obviously don't live round here then:)

[Castlebest]

laffin, then they wouldnt be virgins freaky

 

pete

[freakyleaky]

You must know me!!! LOL:)

[Rayne]

mmm virgins

[freakyleaky]

You remember them too?

[Rayne]

lol somewhere in the dim dark distant past that is my prehistoric youth yeah

[Rayne]

w00t

 

its LBA day today Final draft below. sending later today after I go and book weddnig photographer. Starting to understand why we never got any money now after logging into bank and see a whole page of paypal transactions for Ebay....wasn't me. Wat is it with women and wedding receptions?

 

Since 6 June 2001 you have deducted from my account £682.50 in charges, despite my successfully claiming £2,800.21 against you. 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 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.

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, which you have clearly failed to do.

 

I calculate that you have taken £682.50. Included in that amount are also charges I initially missed in my original claim which I now include.

 

I am enclosing another copy of the schedule of the charges which I am claiming.

 

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

 

Please be aware that as I have already successfully claimed against you I will have no compunctions about going “all the way” with this claim.

If it is your contention that your charges are lawful then I look forward to arguing the case in court, which we both know will not happen as HSBC and their legal representatives, DG Solicitors, have always settled out of court in the many hundreds of cases brought against them, thereby wasting valuable court time and money.

If you wish to follow the court route again I will be only too happy to oblige, but to give you fair warning please note that with the added expense of my filing against you again then the cost to you increases from £682.50 to approximately £800.00, give or take, so it is in your best interests to settle earlier rather than later. As a further note, the timescale is non-negotiable.

I look forward to your earliest settlement.

Yours faithfully,

 

[freakyleaky]

Rayne, looks good to me and good luck.

You might want to run it through a spell check first:)

[Rayne]

hmm thought i had already

[freakyleaky]

Appologies rayne! When I read your response to this thread on my email there were words missing and joined together but it looks perfect now! Ym splelling is ont thta godo ta eth ebst fo timse! :o

[lateralus]

it because you used big words (lol - sorry freaky - just kidding - have you seen his typing!!!!)