Claiming for further charges from same organisation

frontera2_2

Firstly, apologies if the answer to my question is posted elsewhere although I've had a good look and can't find a clear and concise answer.

My question is this:

In late, I put in a claim for my bank charges over the last 6 years (the total claim was around £3700) and my claim was put on hold along with everyone else because of the test case.

In 2008 I then incurred a further £1,000+ charges with the same organisation (HSBC). Luckily my financial situation has changed greatly recently and I haven't incurred a charge for some time now.

To claim back the additional £1,000 plus, do I (should I?) have to start a new claim or do I need to amend the original claim?

Any advice would be much appreciated.

Thanks

natweststaffmember

If the original claim is stayed in court then simply write to HSBC with regards to the new amount only. You can amend your claim but it will cost you £35 and that cost is not recoverable.

frontera2_2

But surely if I want to claim the 8% interest on the additional amount, I'd need to raise a new claim through the courtst or amend the existing one?

natweststaffmember

frontera2 wrote: »

But surely if I want to claim the 8% interest on the additional amount, I'd need to raise a new claim through the courtst or amend the existing one?

Nope, its part of the FSA Waiver......

"(16)
if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
(a)
the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;
(b)
in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and
(c)
the firm must explain the implications of its approach and commitment;"

frontera2_2

Ok - This is the (modified) letter I'm going to send, does this look ok to the experts out there?

The Manager
Service Quality Team
HSBC Bank plc
Arlington Business Centre
Milshaw Park Lane
LEEDS
LS11 0PP

20 April 2009

Dear Sir or Madam,

Account number: [removed]

I am writing to request that you repay all the default charges that have been applied to my account since 09 April 2007. I do not believe these charges reflect the true cost to HSBC of going into unauthorised overdraft.

The charges total £639.00, plus as I believe I have been unlawfully deprived of the money I have calculated £80.86 interest at the statutory rate, the amount the court will award.

I therefore ask that you repay me the full amount of £719.86 I have attached a full schedule of the charges and interest with this document.

Please also note that this claim is in addition to that submitted to HSBC in early 2007, which is currently stayed in the County Court under reference number [removed] The amount of this claim was for £3636.07 and thus brings the total amount I am claiming from HSBC to £4355.93

I look forward for a full response to this letter within 14 days.

Yours faithfully,

natweststaffmember

Sounds ok to me.