Sarah139 v HSBC

[Sarah139]

Hi all

 

Its my first thread and not quite sure what to put.

 

I asked the banks for my statements which they have sent me. I calculated that they owe me 3706.33 I have included their "Interest on charges" standard which is applied under actual charges (is this right?).I have included charges of 250.00 plus "interest" on this which they will be taking in 10 days or so. - but I'm not sure what has happened ( if anything to my credit file). Can you tell if they have done something to your file? or are you refused credit (as this has not happened)- or is it best to just send a letter asking them? who to? where? is it 10.00? is there a template of the letter to send? my brain is slowing down as I have absorbed too much information over the last 2 weeks (great site) and Ive only just found you good people. In much need of a really easy answer. Thanks all

 

Sarah:confused:

[Don Quioxte]

Can you tell if they have done something to your file? or are you refused credit (as this has not happened)- or is it best to just send a letter asking them? who to? where? is it 10.00? is there a template of the letter to send?

 

Hi welcome.. sounds like a nice tidy claim!

 

Make sure you keep reading around - you will notice from the prelim letter that reference is made in the letter as to how to approach the bank in the initial stages to request correction of a credit file or removal of default.

 

Obviously firstly you need to ascertain what if any detriment has occurred to your credit file - if you had been defaulted (this can greatly affect your credit rating) then you would have been served at some time in the past with a formal notice of default (and probably several letters/demands prior - including an intent to default). If you have not received such then you will not have been formally defaulted by HSBC.

 

Having said this your credit file can be marked adversely in other ways such as showing a series of overlimit/or late payment months - the file uses a series of abbreviations/letter codes to tell lenders about your credit performance over the last 12months - all of which is explained in the leaflet that would accompany any credit file request.

 

There are two main credit reference agencies in the UK - Experian and Equifax. I believe HSBC use Experian.

 

I would suggest going onto their website and ordering a copy of your credit file - it is nice to have an idea of what is on there anyway. It costs only £2 to receive your file.

 

http://www.experian.co.uk/consumer/index.html

 

I would suggest you can consider any corrective action after you have received your file.. in the meantime just delete the sentences in the Prelim letter template referring to credit report corrections - and crack on.

 

You can always pursue a correction at a later stage of your claim.

[Sarah139]

THank you sosoooo much.

I have just been on the website to experian - but I dont have a credit card to pay for the report. Will have to do this by phone.

I am currently amending the prelim letter and will send quick sharpish..

 

I need to open a GOOD bank account any recommendations?????

 

I tried to open one with Nat West - but they need 2 statements which are in good credit - and mine are not due to the charges?

 

Any suggestions on what I can do?

[Mikelatham]

i just opened a natwest a/c with no statements, they dont give you a debit card though. after 3months of payments into the a/c they will give u a full debit card.

[Sarah139]

Thank you - Will do that tomorrow!!

[Sarah139]

Hi

 

Just to let you good people know that I have had a response from the bank regarding the initial request letter.

 

The letter reads Blah Blah Blah..... "In respect of unauthorised overdfafts Relevant clauses etc...In theses circumstances. there is a process that involves the bank considering whether or not to pay the item." (What is there to think about? they always pay - no stop on the limit of my account, and then charge 125.00 for the priveledge (certainly no thinking))." A fee is payable for this and the fees are set out in the published price list. If your claim for a refund proceeded to court, we therefore believe we will successfully resist any legal challenge in relation to these fees." (I am now bricking it !!! will we get our money?)

 

They then go on about the OFT's reports "having no direct precedence to personal bank charges. We believe our bank charges are fair, reasonable & are competitive" (pardon?? at what end???? the top I presume??) "in many cases less than competitors" ( has nobody told them that they are all rip off merchants???)

 

They then thank me for my concerns and ask if there is anything else they can do?

 

I have read that many threads I can't remember where I read something similar. Can anybody advise me - where to go now? do I send the second letter early? or give them the full 14 days - and then send second letter? what is the second letter and more to the point AM I GOING TO HAVE A NERVOUS BREAKDOWN!!!! ( Only joking).

 

On a serious note though I would like also to mention that my marriage has nearly split up over "communication & MONEY WORRIES" (counciller at RELATE). I have also suffered "depression & anxiety" because of relationship problems & MONEY WORRIES ( my doctor). Can these people be held responsible for any of this??

 

Any response would be good - sorry its soooooo long winded.

[barracad]

Threads merged - please stick to one thread.

 

I can't remember where I read something similar. Can anybody advise me - where to go now?

 

FAQs - Step-by-step guide. It tells you what letters to send, and when.

 

On a serious note though I would like also to mention that my marriage has nearly split up over "communication & MONEY WORRIES" (counciller at RELATE). I have also suffered "depression & anxiety" because of relationship problems & MONEY WORRIES ( my doctor). Can these people be held responsible for any of this??

 

Can you prove that the depression, anxiety and relationship problems were caused purely because of the unlawful charges from HSBC?

[Sarah139]

I have it on record with my GP & also relate (marriage guidance). The contributing factor to lack of communication anxiety etc comes down to money - we both just close up - He buries his head in the sand - and I just worry - worry & worry ending in depression ( I had a baby 12 mths prior of diagnosis of depression - so Post natal depression had been ruled out). I dont know if it was the sole factor - but it is certainly a major one

[TaylorMade]

Can you prove that the depression, anxiety and relationship problems were caused purely because of the unlawful charges from HSBC?

 

Regardless of the facts (and I totally believe the facts because I'm here with my wife as well) it will be impossible to prove in a legal sense These are the other 'costs' that we suffer, and I'm afraid nothing is going to fix (or even ease) this damage.

 

Good luck Sarah - I know what you're going through {as well as any totally unknown person on the internet can know }

[barracad]

I have it on record with my GP & also relate (marriage guidance). The contributing factor to lack of communication anxiety etc comes down to money

 

Unfortunately, you would have to prove more than it was just because of money - you would need to be able to prove that the problems were purely because of bank charges.

[Sarah139]

How can you prove something like that?? - ( can't Injury lawers for you help???)

Fortunately we are coming through this - but I dont think we would have gone through any of this if it hadnt been for insufficient funds (when you consider they have taken roughly 3500.00 of us since my first child was born). That was when the trouble started and my bank statements will verify this?!?

[Overdrawn]

Hi Sarah, I have sent you a "PM" please check your inbox

[Overdrawn]

Sarah, I have sent you a second PM

[Overdrawn]

Sarah I have emptied my PM inbox...please try again x

[Sarah139]

Unfortunately, you would have to prove more than it was just because of money - you would need to be able to prove that the problems were purely because of bank charges.

 

How do I prove that - surely that Is all in your head - its not written on paper.

Statements show that without the banks continuing charging my accounts would not have exceeded their limits. Dates tie in with the times I went to the docors & councilling. Bank statements can verify all of this - but how can I prove it was completly to do ith charges - I only want to hold them partly responsible. There have been 3 people in my marriage me him & bank.

 

why does it have to be 100% the banks fault? I dont think it is but they CONTRIBUTED greatly to my situation. I had 1300 coming in and with chrges my accounts were letting out 1600. I couldn't reduce this - & charging me had a snowball effect. No flash spending sprees - all of this on mtg util & bank charges.

 

I dont want to blame the bank but i think that they need to realise their actions. I could have killed or injured myself - I asked them for help, stop the charges - and they offered me a 7,000.00 bank loan - to clear my debt. I couldnt take on any more debt so declined ( after he told me to reduce my outgoings).

 

Is this responsible lending - I mean he did offer this money to me between my sobs??

[Sarah139]

Only me again - in the templates Lib - the letter says about a non response - but the bank have responded - only negatively . Do I still send the letter as is,. or adjust. Also Their deadline for the 14 days is not up till Fri next wk - over 8 days do I send the letter out early or what?

 

merged threads - try to stick to your thread sarah - I know it is confusing at first - but then people can keep track of you and post salient advice where it counts...

[mahala]

it's always best to adjust the template to fit with your own circumstances - theya re there to give you a guide as to what ought to be included.

 

It's also best to stick to the timetable you've set. So wait the 14 days, even though they've responded. That way if you did end up in court, you could show the judge you gave them ample opportunity to sort it all out before getting to court

[Sarah139]

Hi all again - just to let you know that I have sent my letter before action to the bank yesterday. I will wait and see what happens next - I wont be holding my breath. Just been reading case guidance notes etc and I will be looking at the court forms (not done this yet).

Trying to hold things together I don't want my bottle to go.

 

Thanks

Sarah.XXX

 

THREADS MERGED - well done Sarah for sending the LBA,hold it together (and stick to one thread so we can keep track of your progress!)

[Sarah139]

Sorry to sound so silly - but do you mean look for my thread & go in on that - not just anywhere??

 

MOD NOTE Yes absolutely. It means that the site does not become jammed with thousands of threads, it is thus easier to navigate and remain on top of. Also it means that people have a clear understanding of the background to your case, progress, and are thus in a far better position to advise and support. If you cannot find your thread within the forum you posted then just click on your user name and view your profile. You will see the threads and posts that you have made to date.

[Sarah139]

Thanks for that.

[Sarah139]

Hiya - just on my daily visit -

 

I am going to file a court claim tomorrow. Really nervous - again (I do have quite a nervous disposition). Before I do this though I just wanted to ask a quick question - I have been issued(today with some more glorious bank charges - these will be coming out on the 19th july - these charges total 225.00 plus interest of 8.21 & 9.26 can I also add these to my claim - and bring the claim start date forward it was originally April when I started this - or should I add these to another claim (not yet started). It seems a bit daft to do the latter as these will be the only costs to claim.

 

Thanks

Sarah.

[Sarah139]

I am really starting to doubt myself & my calculations.

 

when doing my workings out I included all of the charges and all of the interest they had took - moreoften than not I was in an agreed & sometimes had gone over my overdraft limit.

I have read a few threads of other peoples and they have done the same sort of thing. also in the Library section about what to claim I read this:

"Lay out your calculation - ""don't forget that if the banks have been charging you interest on these charges because you were in overdraft then you should include a figure for this as well."

Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you."

Do we claim for all the interest then or not ? I am very doubtful at this moment in time, can someone help me. with a formulae or something. I will be adding my 8% on Tuesday. I got my dates wrong!

 

Again many thanks

 

Sarah

[maverik1979]

okay dont worry, personally i would say ignore the o-d interest its too much hassle for not much gain, add the 8% interest on the day you file your claim with MCOL

[Hedgehog]

Just wanted to say good luck Sarah, am a few weeks behind you, will be holding my fingers crossed for you..(not that you will need luck, but it might make you feel better)

[Sarah139]

thanks for that - I will deduct the Interest charges, but will now be adding my 8% interest.

 

I received a letter from them in response to my letter before action. They are still maintaining that what they have charged me is right & is in accordance with their T & C's.

 

Nothing from any solicitors yet.?!?

 

If i go on the site to file my claim can this be done early in preparation for Tues AM or does it have to be done on the day you want to file your claim?

Any offers of advice - just want it all sorted - I feel like a mother Hen.

 

I think also I will just ask them for the charges to be applied in July to be refunded is this OK?

 

Thanks

Sarah