Helpppppppp!!!!!!

mandij30

Ok my time to moan....

I have been trying to reclaim bank charges, since january this year, without any success from HSBC.
I was trying to claim under financial hardship, but they refused. Even though I am in rent arrears and have a payment plan in place with Gregory Pennington, Debt management for Virgin Credit Card and NEXT storecard.

Anyway...
after my last warning letter to HSBC threatening to leave them and bank elsewhere. To which they didn't respond

I have now moved all my banking over to NATWEST
a standard bank account, that my salary/benefits/ DD's go through.
And finally I thought HSBC would get off my back and stop charging me.. well another bank statement this month includes another £125 charge, even though I haven't made no transanctions from HSBC acc. I cut up the card.

Now my HSBC acc. is in debit by £1106 ( £500 was authorised overdraft) the rest is charges. I told HSBC they can take back the money owing to them from the money owing to me from charges I was trying to reclaim. However they are now threatening me with Legal action if I do not pay back my overdraft.
Shall I keep on at them trying to reclaim, or should I get my Debt management company to take on my HSBC debt as part of my management plan ??

As HSBC are still continuing to charge me, I'm sick with worry, they wont let me close the account until I have paid back the debt

all help and advise is really appreciated

Thank you for reading

Mandi Xx

natweststaffmember

Well, I think I asked you elsewhere but to clarify, are the rent arrears being paid off through Gregory Pennington?

mandij30

natweststaffmember wrote: »

Well, I think I asked you elsewhere but to clarify, are the rent arrears being paid off through Gregory Pennington?

No the rent arrears I have a private agreement with the council to pay an extra £20 a month off, until the debt is paid.

My concern is trying to put an end to HSBC still charging me, even though I no longer use that account no more

natweststaffmember

mandij30 wrote: »

No the rent arrears I have a private agreement with the council to pay an extra £20 a month off, until the debt is paid.

My concern is trying to put an end to HSBC still charging me, even though I no longer use that account no more

Ok,. I think I know why they said no on financial hardship but the only way to stop the charges is to clear any outstanding amount owing including the charges, however, you can send in another letter to add the charges to the claim with them.

esmerellda

You need to write a letter to HSBC. Tell them you have moved your banking elsewhere as their regime of charges was having a massive affect on your ability to pay essential living expenses. Tell them the entire debt with them is made up of unfair charges and you consider the account to be fully in dispute. Ask that they stop charging you charges and interest, and tell them any enforcement action will be strongly defended. You appreciate their is a case in the House of Lords, and as a gesture of goodwill if they agree to stop adding charges.interest to the account you would be happy to make a interim repayment arrangement through your DMP people (£5 / £10 whatever is proportional to the debt) until the dispute is resolved (as you have no intention/desire to renege on your debts and understand the issues are not fully resolved in the test case as yet)

If you'd like help with a letter give me a shout, but have a bash first

esmerellda

natweststaffmember wrote: »

Ok,. I think I know why they said no on financial hardship but the only way to stop the charges is to clear any outstanding amount owing including the charges, however, you can send in another letter to add the charges to the claim with them.

Hi babe, shes not going to be able to pay off the charges and why should she when they are just stacking charge on charge on charge with no regard to her personal situation at all. Their actions have forced her to switch accounts - she is obviously in poop hence the DMP etc and they would have been much better doing something as we discussed re basic/hardship accounts and overall review of finance rather than pushing her deeper into debt and stress).

The hardship claim may not succeed because of the DMP and arrangement for rent arrears, but she can still fight the banks behaviour as against the banking code, waiver and general moral decency.

you think ?

xxx

mandij30

esmerellda wrote: »

You need to write a letter to HSBC. Tell them you have moved your banking elsewhere as their regime of charges was having a massive affect on your ability to pay essential living expenses. Tell them the entire debt with them is made up of unfair charges and you consider the account to be fully in dispute. Ask that they stop charging you charges and interest, and tell them any enforcement action will be strongly defended. You appreciate their is a case in the House of Lords, and as a gesture of goodwill if they agree to stop adding charges.interest to the account you would be happy to make a interim repayment arrangement through your DMP people (£5 / £10 whatever is proportional to the debt) until the dispute is resolved (as you have no intention/desire to renege on your debts and understand the issues are not fully resolved in the test case as yet)

If you'd like help with a letter give me a shout, but have a bash first

That is wonderful advice, and thank you so much.
I'd love you to help me with a template letter if you have time. I tend to be standoffish and come across aggressive in letters. So I really do need a detailed letter explaining my actions that comes across clear and precise.

Once again Thankyou esmerellda and Natwest staff member Xx

esmerellda

No probs give me a bit xx Will need amending and personalising a bit more, have a play and post it back up.

---

Dear Sir or Madam,

ACCOUNT NUMBER: xxxxxxxxxxx

I am writing with regards to the alleged outstanding debt owing on my account. You will be aware that I consider the debt to be in dispute as the majority/whole of this sum is made up of disputed charges and interest charged thereon.

This dispute was notified to you in a letter dated xx/xx/xxxx (copy attached) I wrote to you asking that you consider my complaint under Financial Difficulty exemptions to the FSA waiver on complaints handling. You have declined to assist me, the continual charging rendered me unable to afford my basic essential living expenses and I have been forced to move my banking to another firm to escape the charging regime I was being subjected to with HSBC. .

In a statement sent to me dated xx/xx/xxxx you have informed me the amount outstanding on the account is £xxxx.xx . The amount I calculate you have taken in unlawful charges and interest on those charges is £xxxx.xx. In addition I am claiming from you a sum of compensatory interest equal to 8% per annum which brings the total disputed amount to £xxxx.xx . (if you havent done your spreadsheet - do one, or say its an estimate)

I have no intention of reneging on any part of this account which may be legitimately incurred debt and as I understand the issues surrounding the dispute are currently pending determination in the House of Lords and with the Office of Fair Trading, as a gesture of goodwill I would like to arrange with you to keep this debt on hold until the outcome of that case. Therefore I propose that you place a hold on further charges and interest being added to the account and that you accept an interim repayment plan.

Once you have confirmed to me that the account has been placed on absolute hold, I propose I make payments to you of £xx per calendar month, until such time as the dispute is resolved. Once this dispute has been resolved, if in my favour, you will continue processing my complaint, and if in your favour we will review repayment arrangements for the alleged debt. To be clear I currently dispute whether this sum or any is actually owed to your company and I am simply offering a reasonable solution in the interim whilst the dispute is considered.

I would like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute. Any enforcement action you take will be strongly contested.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

Yours Sincerely



Your Name

mandij30

Omg wow!!!!! That letter is Great, ty hun.
Your've detailed it much clearer then I ever could. It certainly looks formal, I shall add in my details etc and print that out and send it.

Thank you so much, I'l keep you posted on the outcome... ** fingers crossed**

Thank You Xx

esmerellda

Ace, good luck and please try keep us informed what happens then we know if it works for others.