HSBC reply...............NO

SueP19

I have just received my reply from HSBC, re my bank charges claim.

Now when I initially looked at this, I read Martin's article very thoroughly and concluded the following.
In hardship cases the FSA guidelines said the members (banks) had agreed not to use the statute barred ruling and under the Ombudsman's rules you were allowed to claim as far back as you could and under normal circumstances the 6 year rule had been frozen at July 2007, thus normally (not under hardship) you would be able to claim back to July 2001

HSBC have declared that as my account was closed (March-ish 2003) over 6 years ago it was subject to statute barred under the Limitations Act

I am confused how can they say that when it appears its against the FSA and the Ombudsmans rules

natweststaffmember

SueP19 wrote: »

I have just received my reply from HSBC, re my bank charges claim.

Now when I initially looked at this, I read Martin's article very thoroughly and concluded the following.
In hardship cases the FSA guidelines said the members (banks) had agreed not to use the statute barred ruling and under the Ombudsman's rules you were allowed to claim as far back as you could and under normal circumstances the 6 year rule had been frozen at July 2007, thus normally (not under hardship) you would be able to claim back to July 2001

HSBC have declared that as my account was closed (March-ish 2003) over 6 years ago it was subject to statute barred under the Limitations Act

I am confused how can they say that when it appears its against the FSA and the Ombudsmans rules

I am trying to get further information on this and have flagged your thread with MSE Wendy as well so I hope we can get this clarified shortly and definitively.

SueP19

Thanks Natwest, knew I could rely on you :j

Just to add to the story, I have received a second letter from HSBC (we had 2 accounts) Yesterdays letter was for the smaller account.

The letter today was for our main account with them and they have said

They believe their charges were fair and they are currently involved in legal proceeding...........................however until legal proceeding are resolved.......................................we have registered and stored your complaint etc etc.........we will need to undertake a review of your situation including creditors owed. We will then with your cooperation explore a range of options...............these charges will form part of that review. However our focus will be on what we may be able to do to assist you.............................Enclosed is our leaflet "Putting your finances in order"

Not sure what to think now this account ran from 1996 to March 2003 and the other account (claimed denied) ran from April 1999 to December 2000

So it would appear they are acknowledging the Ombudsmans July 2007 ruling

natweststaffmember

SueP19 wrote: »

Thanks Natwest, knew I could rely on you :j

Just to add to the story, I have received a second letter from HSBC (we had 2 accounts) Yesterdays letter was for the smaller account.

The letter today was for our main account with them and they have said

They believe their charges were fair and they are currently involved in legal proceeding...........................however until legal proceeding are resolved.......................................we have registered and stored your complaint etc etc.........we will need to undertake a review of your situation including creditors owed. We will then with your cooperation explore a range of options...............these charges will form part of that review. However our focus will be on what we may be able to do to assist you.............................Enclosed is our leaflet "Putting your finances in order"

Not sure what to think now this account ran from 1996 to March 2003 and the other account (claimed denied) ran from April 1999 to December 2000

So it would appear they are acknowledging the Ombudsmans July 2007 ruling

Hang on, which account are we not getting info for, is it the April to December one?

SueP19

Sorry, when I read the letter yesterday it stated that the account was closed over 6 years ago, so I thought that they were referring to the account that closed in March 2003
The NO applies to the account that had its last charges applied in December 2000, and closed shortly some time after that.
The letter today refers to the account that did close in March 2003
But the FSA did get the banks to agree not to use the statute barred rules and the Ombudsman has said claim as far back as you can, they will decide what is right. If I have read this right in the first place

natweststaffmember

SueP19 wrote: »

Sorry, when I read the letter yesterday it stated that the account was closed over 6 years ago, so I thought that they were referring to the account that closed in March 2003
The NO applies to the account that had its last charges applied in December 2000, and closed shortly some time after that.
The letter today refers to the account that did close in March 2003
But the FSA did get the banks to agree not to use the statute barred rules and the Ombudsman has said claim as far back as you can, they will decide what is right. If I have read this right in the first place

In that case are you saying that they have or are supplying or have supplied data for the account that closed in March 2003?

SueP19

They haven't supplied any data, I told them, sad I know but I have BS's back to 1996

natweststaffmember

SueP19 wrote: »

They haven't supplied any data, I told them, sad I know but I have BS's back to 1996

Darn it, I thought you were my chink of light on a separate issue relating to this. Ah well, keep us updated.
They are right, imho, on the earlier account.

SueP19

Ohhhh I am so sorry, I wish I had been your chink of light

But am I right about the FSA and Ombudsman thingy

natweststaffmember

SueP19 wrote: »

Ohhhh I am so sorry, I wish I had been your chink of light

But am I right about the FSA and Ombudsman thingy

Oh absolutely 100%.

SueP19

Your a STAR................did anyone ever tell you that

:T:T:T:T:T:T:T:T