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HSBC (merged)

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Comments

  • becksta22
    becksta22 Posts: 81 Forumite
    well hsbc had till 28th may to file a defence and guest wat they filed a defence. had the letter form the court today with an a/q so have filled it out and gona tek it up their tomora.
  • JCRobo
    JCRobo Posts: 5 Forumite
    Hi - Recieved the Notice of Transfer of Procedings today and a little scared that it has got this far! I am only trying to reclaim £269!! A lot to me but not to a huge bank.

    HSBC have entered the following defence via DG - seems standard from the posts above:
    1. The Claimant's account is governed by the Defendant's personal banking T&Cs.
    2. Pursuant to the Defendant's T&Cs the Defendent is entitled to make a charge for it's service's as set out in the Defendant's price list, inc an overdraft review fee for considering whether to provide and providing an overdraft.
    3. The Defendant denies that the charges applied to the Claimant's account amount to penaties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regs 1999 (UTCCRs).
    4. The charges applied to the Claimant's account are reasonable and properly and fully disclosed in the Defendant's T&Cs and published price list. The charges represent the contractually agreed price for the service provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further the charges are not default charges and accordingly, cannot amount to a penalty.
    5. Save as set out above, each and every allegation made by the Claimant is denied. For the reasons set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

    Serious. I guess I just need reassurance that other people have had the same response??

    Do I just wait for a date now? Or contact the court?

    I am at this position to.

    I will start doing the court bundle, but can anyone explain their defence above?

    And does a court date follow this letter i received? As the letter had a counterclaim form attached to. Do i fill this out??

    Thanks
  • tomsy77
    tomsy77 Posts: 14 Forumite
    My partner and I have been trying to reclaim from HSBC on our joint account to the sum of 1763.06 and have recieved an offer of 1379.55.
    (after waiting 9 weeks)!!:mad:
    we cant decide weather to take them to court or meet them in the middle at 1570 pounds, (which would clear most of our overdraft). I have made this offer to them on the phone countless times but they said we have to fill in the form explaining our reasons why we're refusing the offer and that they would look into it again.
    But i'm worried this will keep us waiting countless more weeks. I'm at the end of my teather now so can anyone please advise me on what to do-

    many thanks - steve
  • thumbandit
    thumbandit Posts: 44 Forumite
    I have made a claim for £1964, the first letter was sent dated 2nd May 2007

    I recieved a letter on the 14th of May with the following info

    REf: SVFAIL1/SFIFLT

    Thank you for your letter dated 2nd may concerning bank charges

    .... etc i am looking into the matter and will contact you when i have finished my investigations ...

    signed : Mark Loker .... Service Manager


    ....

    This letter is now about a month old so what should i do now ? Ive looked through some of the threads but they are so big i was having trouble filtering out the good info from the inappropriate.

    Thanks for any advice that may follow :)
  • This is the standard 'fob off' letter from the bank so continue to the next stage.
  • I too received this letter and received an offer after eight weeks .Be prepared to be patient.I refused my offer and am still awaiting a reply from hsbc after another eight weeks of waiting.Hope this helps!!!!!
  • thumbandit
    thumbandit Posts: 44 Forumite
    yes thanks it is a big help ... if you dont mind me asking what was your claim and what was the offer.

    There is a number to call and a ref no. do you think i should call that for an update or just send the next letter
  • Twinkly
    Twinkly Posts: 1,772 Forumite
    thumbandit wrote: »
    I have made a claim for £1964, the first letter was sent dated 2nd May 2007

    I recieved a letter on the 14th of May with the following info

    REf: SVFAIL1/SFIFLT

    Thank you for your letter dated 2nd may concerning bank charges

    .... etc i am looking into the matter and will contact you when i have finished my investigations ...

    signed : Mark Loker .... Service Manager


    ....

    This letter is now about a month old so what should i do now ? Ive looked through some of the threads but they are so big i was having trouble filtering out the good info from the inappropriate.

    Thanks for any advice that may follow :)

    This is a typical response from the bank. They are treating your request for refund as a complaint. The banks are allowed 8 weeks to respond to and deal with a customers complaint as per the guidelines laid down by the FSA. This is only relevant if you were to use the Financial Ombudsman as you would be required to exhaust the banks complaints procedure first.

    If you are using the court route then there is no requirement to follow those timescales yourself. You need only show to the court that you have allowed ample time for them to respond to and deal with your claim. You have done so with the first letter and can now escalate your action and send the LBA (Letter Before Action). Good luck :)
  • My claim was for £3,800 and they offered me £2,400.You could try phoning but talking out of experience i have found this very frustrating.I have called them over my last letter,which was dated 2nd april,and every time i call i get told they haven't recieved the letter or that it is still being dealt with.I am now seriously considering accepting the offer.Is your's a big claim?
  • sorry just seen the amount on your letter!!!!!
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