What next?

[Meganmog]

Hi all. I've just signed up to the forum and I'm looking for some advice with my partners HSBC bank charges.

A few months ago we went through his statements - he's only been with the bank no longer than 2 year...and discovered he'd been charged over £600 in the whole 2 year for going overdrawn. We got a template letter (from moneysavingexpert I think) and sent it into HSBC. We received a letter back saying they will look into it. That was about 8 weeks ago now and we have had no reply since. I have also emailed them the same letter. His account is no longer used and is sat overdrawn...they are charging him again today or tomorrow another £25 for being overdrawn. I don't quite understand what's happening with the court situation I just read about. I'd be greatful for any information as to what to do next.

 

Weird thing is, I went overdrawn myself a few weeks ago, they were going to charge me £50. I emailed them saying I needed my bank account for my benefits to be paid into and they were just going to take it all off me...a few days later I received a letter from HSBC saying they were not going to charge me as a good will gesture, but if it happens again the charges will stay put!

 

Thanks in advance

[Castlebest]

If your getting no answers from HSBC the only alternative is is to file your claim with the court, unfortunatly this may now take some time to settle with the OFT test case underway.

 

Here's how

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/38807-newcomer-heres-user-guide.html

 

HSBC are not allowed to take benifits, here's the thread.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html

 

pete

[Peter Parker]

Hey there Meganmog, don't worry too much about not hearing from HSBC for ages, that's just how they operate. I set strict 14 day deadlines with my letters and am now lost somewhere in the court system, having sent HSBC two letters. First one they sent a bog std reply, 2nd letter they just ignored. So ended up starting court proceedings via MCOL. Hence I'm now playing the waiting game. Also aclaimed my flat mates bank charges back at same time, but he's more patient than me so he gave HSBC longer to respond, and strangely enough a month ago they offered him all charges refund without any interest. It's worth while saying his amount was conciderably smaller than mine, by approx£2500. My bank charges were ridiculously high. From what I can gather with the Office Of Fair Trading(OFC) now starting a test case in the high court, all that I've read and understand is that all claims are now effectively on hold until this test case has come to judgement. What I think this means is anyone at present who is claiming bank charges back and not yet been succesful with an offer now has to wait until a judgement has been reached with the test case. I contacted my local court in Brighton this morn, and it sounds like all cases there are on hold, well mine definately is. That said I'm not entirely sure if I'm totally right so if anyone else has any imput please jump in... Best advice would be to read as much of this forum as you poss can, FAQ's, other people's threads,library template letters etc.. Thats what I did, It takes a while but definately worth it. Failing that post a quest in your thread if you can't find the answer, everyone here seems to be a wealth of knowledge. Good luck and don't be too surprised with the lack of response from HSBC... Peter P

[janzer]

The way I see things at the moment is..the banks have won, albeit temporarily.. they do not have to pay out any refunds, and from what I can gather, the court test case could take an awful long time to come to any conclusion...in the meantime, business as usual for the banks... they can still rake in the charges. Surely if they have been granted a waiver, then charges should also be put on hold

[lateralus]

OFT v Banks - **Don't panic!!!**

 

this is some advice on how to proceed in light of the new test case.

 

fyi, we are now advising using the n1 and filing your claim at the local county court instead of using the mcol - the reason being the new - very long poc's (particulars of claim)- see link in my signature - are too long for the mcol space provided for them.

 

also, if you are in receipt of benfits - you need to do it by n1 anyway to get the court fee exemption - see the faqs.

 

after you've read that link - you'll see it's best to go ahead and keep to the plan - 2 letters then file the court claim. it's now the only way you'll get your money back as all will receive letters from hsbc saying they won't be looking at this until after the court case.