Where do I go from here??

RL62010

I sent a letter to HSBC on 26th March 2010 requesting that they repay all of my bank charges totaling £2095 (I started incurring these charges in May 2008). I have since received a letter stating that they will not uphold my complaint and will not be refunding the charges.
Where do I go from here??

Me and my partner are out of work so we claim benefits. We also have 2 children. I have been told by the benefits office that the bank are not allowed to take overdraft fees from your benefits. If this is true then surely I should be able to reclaim all the charges. Also the bank should not have given me an overdraft in the first place. I would be grateful if anyone can offer more information on this.

natweststaffmember

RL62010 wrote: »

I sent a letter to HSBC on 26th March 2010 requesting that they repay all of my bank charges totaling £2095 (I started incurring these charges in May 2008). I have since received a letter stating that they will not uphold my complaint and will not be refunding the charges.
Where do I go from here??

Me and my partner are out of work so we claim benefits. We also have 2 children. I have been told by the benefits office that the bank are not allowed to take overdraft fees from your benefits.
They seem to say that a lot yet they are wrong all the time.
If this is true then surely I should be able to reclaim all the charges. Also the bank should not have given me an overdraft in the first place. I would be grateful if anyone can offer more information on this.

I think you need to read Martin's guide and research the parts you do not understand. What argument are you using?

RL62010

I am using the Human Argument.

natweststaffmember

RL62010 wrote: »

I am using the Human Argument.

I have to say I don't understand the MSE Guide of "human Argument". having just read it I am assuming it is financial hardship.

!!!!!!!!! I wish they would either say "Financial Hardship" argument or Court Route cos I have heard this human argument, and have no idea what posters are talking about. Tell me financial hardship and I know what you are talking about, lol.

Ok, now I know what MSE is talking about.
Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

RL62010

I am on benefits so luckily my rent and council tax get paid for me. I do owe money to my gas and electric supplier though. Most of my debts are from borrowing because i have been overdrawn. I have recently opened a new bank account and all my benefits get paid into that now but i left hsbc with an overdraft of £900 and my over draft limit was only £250. They are now asking me to pay £150 back a month. My total income for the month is £800. This is to provide for Myself, my partner and 2 children. I do also owe money to catalogues and store cards. The reason i have these is because i cant afford to pay out right for things so spreading the cost is easier. Sorry i have written a bit more information than you asked for! lol
I would also like to add that because i have all these debts to pay it leaves me with little money left to pay for necessities like food, nappies and clothing for my children as they are both under 5 and are growing very quickly. I make the minimum payments on everything i owe and try not to miss them as that would only put me in a worse situation

RL62010

Is there anyone else that can offer more info? Also does anyone know if it is true that the bank cannot take overdraft fees from your benefits??

natweststaffmember

RL62010 wrote: »

Is there anyone else that can offer more info? Also does anyone know if it is true that the bank cannot take overdraft fees from your benefits??

It isn't true that the bank cannot take fees from the amount going in. If you read the Social Security Administration Act 1992 it is clearly talking about assignment of money for debt through the court process and not through the running of a bank account. Furthermore, store cards and credit cards, any charges?
have you sent HSBC an income and expenditure form quoting how much you can pay a month to them currently?

RL62010

No they have not sent me one or asked me to do so. Do i get this form from them? Also do u think that i should keep trying to reclaim back my charges? Do you think that i fall under the Hardship category?

natweststaffmember

RL62010 wrote: »

No they have not sent me one or asked me to do so. Do i get this form from them? Also do u think that i should keep trying to reclaim back my charges? Do you think that i fall under the Hardship category?

http://www.legalbeagles.info/forums/showthread.php?t=22501

I could go and get a load of links but I have posted on LB the contents of two articles from Ombudsman news which is how they deal with financial hardship cases. It should explain if you have a case ie read it(a few times cos I did) and understand it.
With regards to HSBC send them a household income and expenditure form with regards to how much you can pay cos if you can't pay £150 pm then you have to show them why and how much is affordable to pay.