CatLover64 v HSBC

[jowalshy]

Well done Lattie for speaking up. There are so many claims with HSBC at the mo and anyone thinking that if they bombard them will e-mails and letters will get them to settle quicker is totally wrong. They will deal with each case individually in order. Gentle nudging is the right way.

[sharongina]

Why are you feeling harsh at the moment?

You have to realize Im fairly new to this not experienced like alot on here, and to be honest I was taking advise from a thread read,

It appears there is alot of different opinions on here and as it feels as soon as you slightly turn in the wrong direction you get your head bitten off!

 

Not directed at you!

[sharongina]

Jowalshy,

 

Thats fantastic if you can get hold of old terms and conditions dating back as far as possible will they be going on to a template so we can print copies off?

as having a blonde moment! bit confused!

[jailbird]

Well done Latty. I totally agree. This could mess up things for other people. If everyone takes their time, as directed, hopefully we will ALL have a positive outcome.

[lateralus]

it was a misunderstanding due to looking through on an old thread -

 

which points up one other point - this is how fast this site works -

 

the prelim and the lba have been edited to include info on the terms and conditions - so obviously anyone passed that point won't have included this - but those just getting started will now benefit from what happened on wednesday.

 

to me, this just shows the importance of keeping up with current information for everyone.

[nettyg]

just to re-iterate what lattie has said - when i bombarded dg back in february there were millions less claims and whilst that strategy worked for me, it was a one off harrassment technique that paid of BUT ONLY FOR ME! it was an enormously futile apprach and i wouldn't recommend that anybody follow my actions. gather as much new and up to date information as you can - be one step ahead.... don't go over old ground!!

[Catlover64]

Well - at least the question of pushing DG has been resolved now...

 

Like I said earlier - I will be starting court action at the end of the month. Both letters have been sent to HSBC (and proof of receipt obtained), so I guess it's a case of 'Watch this space'...

[jowalshy]

Jowalshy,

 

Thats fantastic if you can get hold of old terms and conditions dating back as far as possible will they be going on to a template so we can print copies off?

as having a blonde moment! bit confused!

 

I will try my very hardest to get as much as poss. If I can get some really early ones I will scan them and if anyone wants a copy they can PM me and I will e-mail the scans straight over to them.

 

Hopefully the printers will have early ones and they let me have a copy.

 

Fingers crossed.

[sharongina]

Jowalshy,

Thanks for that, after me boobing yesterday I was tempted to just forward every thing on to solicitors on a 25% basis, but after a few..... glasses of wine I realise the mistake and will now wait, 28 days up 30/May

 

Sharongina

[Catlover64]

http://news.bbc.co.uk/1/hi/business/6683363.stm:eek:

 

Has anyone seen this? Another low-down dirty trick by the banks... How do you think this'll affect cases now?

[freakyleaky]

 

the prelim and the lba have been edited to include info on the terms and conditions

 

Hi lat, are the newly edited letters in the newcomers thread?

[sharongina]

Catlover,

 

I can't open this page from my computer for some reason, please tell me what its about im worried now, what dirty tricks are they up to now?

[sharongina]

Catlover,

 

I can't open this page from my computer for some reason, please tell me what its about im worried now, what dirty tricks are they up to now?

[sharongina]

sorry, sent twice

[freakyleaky]

Banks 'exploit charges judgement'

 

The Abbey's standard letter citing the Birmingham ruling

 

Banks are being accused of seizing on a recent court victory in Birmingham to persuade customers to drop their claims for repayment of overdraft charges.

A district judge in Birmingham county court unexpectedly found in favour of Lloyds TSB earlier in May when it defended a claim for a £2,545 refund.

Now other institutions are reported to be citing the case when fending off claims from their own customers.

But many of the banks complained of by customers deny the claims.

Consumer lobby group Which? advised people not to be put off, arguing that the Lloyds TSB case had no value as a precedent.

"This tactic may put the fear of God into people," said Which? lawyer Ingrid Gubbay. "It is treating them unfairly, and is a very aggressive attitude."

'No grounds in law'

One bank which appears to be capitalising on the Birmingham judgement is Abbey, several of whose customers have complained to the BBC News website.

 

 

Fiona Alton from Darlington has started a claim for nearly £10,000 against the bank, whose overdraft charges - she says - have crippled her and her husband's finances in the past three years.

The day after the Birmingham case, she says she received a letter from the Abbey which argued that the judgement meant there were "no grounds in law for recovering from the bank the amount of any charges he had paid to it".

Fiona was not impressed.

"They are trying to frighten the life out of everybody," she said. "They are relying on people's ignorance."

Another claimant, Graham Clarke, has received an even more brusque approach from the Abbey.

So much so that he accuses the bank of trying to bully him.

"On Friday I received a call from Abbey, the effect of which was that Abbey were quoting the judgment as a reason I should settle and offered me £90," said Graham.

"When I refused they tried to state this case means that now, I have no hope of being successful, and that the judge would look unfavourably on me continuing with the case and could award heavy costs against me for wasting Abbey's and the court's time."

'Full facts'

The Abbey denied it was acting improperly.

 

 

 

 

 

"The issue regarding bank charges isn't as clear-cut as customers and the media think," said a spokesman.

"Where we are faced with the threat of litigation we feel it is entirely appropriate to ensure that customers have the full facts to hand.

"We have not, nor will we, advise the claimants on the significance of these legal developments, and we leave them to draw their own conclusions," he added.

But Marc Gander of the Consumer Action Group, a leading bank charges campaign group, said any attempt by banks to suggest the Lloyds TSB judgement was a binding precedent would be wrong.

Relying on judgement

The Clydesdale is another bank that is now taking a new tack in the light of the Birmingham judgement.

 

 

It has written to a customer in Sheffield - who wants to remain anonymous - warning him about the potential costs of continuing with his case, saying that the bank is now confident that his claim will not succeed.

"This has left me very nervous and I do not know what to do now," he said.

One woman from Portsmouth, who also wishes to remain anonymous, has been told by the Clydesdale bank that it is now changing its defence to her claim.

"We will rely on this judgment in the claims you have brought against the bank when we present our defence in County Court," the bank said in a letter.

However, a Clydesdale spokesman said the Birmingham case was being presented to claimants in an entirely neutral manner.

"We don't claim it is binding, and we give them copies of the judgement," he said.

No new tactic

Other banks have been accused of adopting this more vigorous approach in trying to persuade claimants to settle.

 

 

Barry Mills, from High Wycombe, received a letter from HSBC citing the Birmingham case one day after the judgement.

"I think it's just another tactic to get out of paying all the money," said Barry.

HSBC said it had definitely not adopted a new policy of citing the Birmingham judgement in standard letters to claimants.

A spokesman explained that it had been mentioned in an exchange of letters about legal cases, which had been initiated by Mr Mills, and it was certainly not claiming that the Birmingham ruling was binding.

But a bank spokesman added: "It is not unreasonable to point out there has been a judgement."

Another BBC reader, Robert, from Altrincham, reports receiving a phone call from the Royal Bank of Scotland last week, offering him a partial refund of £1,150 on his claim of £3,300.

He was not impressed when the bank's employee told him the Birmingham case meant its charges were valid.

"She was really snotty," he said. "She was trumpeting the fact that someone had lost in court." However, RBS said it was not the bank's policy to quote the Lloyds TSB court victory to customers. "We have... found absolutely no evidence of staff referring to this judgement," a spokesman said.

[lateralus]

welcome back, freaky -

the template letters in the library which is where everything links to have been changed somewhat - so they are always current.

[sharongina]

Thanks for displaying this,

I was getting worried, but it appears people are still getting settlements, so I dont think its to much to worry about at the moment, if im wrong let me know!

[Catlover64]

A bit more news on the card front. No response from the branch to my letter asking why the card was taken, so have sent an internet message asking the same.

 

I then spoke to the Financial Ombudsman this afternoon, who advised me to treat the issue of the card as a separate complaint, and to give HSBC the statutory eight weeks to reply. If they do not, I can then take that case to the Financial Ombudsman.

 

So that's all right then!

[sharongina]

Have they not replaced your card?

[Catlover64]

Nope - but got a response to my original letter this morning. Usual crap which says nothing at all, and completely missed the point of my letter. So - have no means of withdrawing cash (Not that I care - parachute's open! ) and will be taking this further...

 

How are you getting on?

[Catlover64]

Back again - will be filing the MCOL on Thurs. This is what I'll be putting on the details of the claim.

 

 

But I have to say - this came from the MSE site. Is there a better version on here I could use?

[lateralus]

there's one in the template library and i'll send you my particulars to use as another example. don't use the mse ones - in fact - take them off here so no one else just sees them and thinks they are ok, please.

[Catlover64]

Latty: Many thanks for the pointer and your template. I shall take a look and knock something up on Word to for review before I send.

[sharongina]

Hi,

Your making a start on your claim then, its gone quite quick since you sent the letter in!

I'm at the stage where defence has been sent in, no AQ in my case by the looks of things, sent first nudge letter in, next one in a week!

Rejected the HSBC offer of a third of my claim, but now I am thinking of putting in a ammendment for daily interest if I can figure out how!

[jowalshy]

Hi sharon daily interest is calculated by taking the total charges and multiplying them by 0.00022. eg total charges = £1500.00 daily interest will be £1500.00 x 0.00022 = 33p. To do an ammendment you will need to complete a form N244. It will cost you £35 which is not recoverable.