HSBC (merged)

Grayc_3

Going to court in August to reclaim £4500 over 3 accounts. Just compiling the court bundle now but I will be missing the original or previous T&C's. Clearly I have the latest revised T&C's, but will not having the earlier ones negate my claim?

Anyone have any thoughts on this please?

joncow75

Kenwoodc wrote: »

Hi All,

A newbie here. I am in the middle of a claim from HSBC for £6879.73 as charges from April 2001 to April 2007.They have sent a letter back acknowledging the claim and are giving me the standard 8 week story. I have now sent them a letter willing to accept £5159.79 if they pay within the 14day period that I have specified. What are the chances of getting this sum within the 14 day timescale.

Just wanted to know if any members have had success stories????

Although princesskez is right that there are a load of success stories, I have to say the likelyhood of you getting anything out of HSBC in 14 days is zero. I doubt you will even get a response. They are playing to 8 weeks with every case as they are snowed under with requests on bank charges. Its up to you whether you want to sit out the 8 weeks or progress to MCOL stage. Read through this HSBC thread as it will answer all your questions, as there are many people in the same boat. HSBC are treating every customer the same and progress is identical on each claim, untill someone files with MCOL.

However the good news is that the people claiming from HSBC seem to be doing really well. Unlike LloydsTSB or Abbey, they don't seem to of been too bad with offers (generally) and keep to around the 8 weeks as they say

Good luck. Let us know what you decide to do, and how you get on

John

joncow75

Grayc wrote: »

Going to court in August to reclaim £4500 over 3 accounts. Just compiling the court bundle now but I will be missing the original or previous T&C's. Clearly I have the latest revised T&C's, but will not having the earlier ones negate my claim?

Anyone have any thoughts on this please?

It would be great if someone had some T&C's from various years. I opened my account as a student in 1994 so have no idea where my T&C's are. If anyone does have them could they photocopy them and post onto here somehow? It would probably help a load of people

deedee2665

from 1996 t&c's Midland

Midland
The Listening Bank
Terms and Conditions
Introduction
These terms and conditions are the contract between you and us.
They:
. apply if you have a personal account, including a joint account, with Midland
. explain our obligations to you and your obligations to us
. apply to all our services although these terms and conditions may be added to or varied by specific conditions for certain services
We may change these terms and conditions at our discretion by giving you at least one month's notice in our branches, or in the national press or by post. The changed terms and conditions will apply from the date specified in the notice. We may also agree separate terms with you in writing.
1 Opening an account
1.1 If you wish to open an account with us, we will ask you for proof of your identity. For further details, see appropriate application form or ask at your branch.
2 Documents
2.1 Account in your name only
So that we can pay cheques and other items from your account we will ask you to fill in a form (called a mandate) showing a specimen of your signature.
2.2 Joint account
2.2.1 If you are opening a joint account with another person(s) (such as your husband, wife or partner), we will ask for a specimen signature from the other person(s) as well.
2.2.2 Where the mandate authorises any of the joint account holders to act on behalf of all joint account holders we will accept such authority until such time as the mandate is varied or terminated by any one joint account holder, or by law.
2.2.3 If any of the joint account holders informs us of a dispute between the joint account holders, we may treat this information as notice of termination of the mandate. Any further transactions will need the authority of all the joint account holders. We may also ask for the return of any cards issued. Until the card(s) is/are returned, card transactions will be debited to the joint account (see also 9.1.4).
2.2.4 In the event of the death of anyone joint account holder, the surviving joint account holder(s) will be asked to complete a new mandate.Subject to any rights we or a third party may have, any credit balance will be at the disposal of the survivor(s).
2.3 Third party mandateYou can authorise another person to make payments from your account. If you wish to do so, we will ask you to fill in a separate mandate. Please ask at your branch for details.
3 Paying into your account
3.1 We will accept the following items for payment into your account:
. cash
. cheques or other items that are made payable to you
3.2 If you want to pay in a cheque or other item that has been made out to someone else, that person must sign it on the back. We may ask for further details before we agree to accept it. If a cheque or other item is marked on the front not transferable or account payee, we can only accept it for the person it is made out to. The only exception to this rule is a joint account. We will accept such a cheque or other item made out to only one of the account holders. If a cheque or other item is made out to Mr and Mrs Hall or J. Hall and M. Hall and there is no joint account, it cannot be paid into a sole account.
3.3 If you want to pay in foreign currency or a cheque made out in a foreign currency, we will tell you the rate of exchange and fees we may charge.
3.4 If a cheque which you have paid into your account is returned unpaid, the sum shown on it will be debited to your account. We will tell you that this has been done. Depending on why it was unpaid, we will either ask for payment again from the bank of the person who issued it, or return it to you. Different procedures apply for foreign currency cheques. Please ask at your branch for details.
3.5 You can pay cash or cheques into your account by post, over the counter at any of our branches or through self-service machines. We can only accept liability for these items after we have received and checked them. If you send cash to us by post, use registered post.
3.6 If the total amount of the items being paid into your account is added up wrongly on the paying-in slip (bank giro credit), we will correct it and credit the right amount to your account. We will tell you we have done this, unless it was a very small amount.
3.7 If items are paid into your account on weekdays, we will normally deal with them that day, as long as we receive them before a certain time (which will be displayed in our branches). Items paid in after this time or on Saturdays will be dealt with on the next working day.
4 Payments from your account
4.1 We will make payments from your account if
. you authorise them in any of the ways set out in sections 2 and 9 of these terms and conditions
. there are enough cleared funds in your account to cover the payments, or the amounts due are covered by an overdraft we have agreed with you. We will take into account any other payments which we have paid or agreed to pay from your account or which have been authorised (such as transactions with plastic cards and direct debits). However, we may decide to make payments from your account that may cause you to go overdrawn or to go over an overdraft limit we have agreed with you. But this does not mean we will be willing to do so another time.
4.2 Only write cheques in sterling. If you need to pay in a currency other than sterling, we will advise you on the best way.
4.3 If we make payments in a currency other than sterling, we will tell you the rate of exchange and the fees we may charge.
4.4 You may instruct us to stop the payment of a cheque, standing order, direct debit or other item, as long as:
. it has not been issued with a cheque guarantee card
. the amount has not yet been taken out of your account
. we have not told the person or their bank that we will be paying them
You cannot stop a Switch payment.
4.5 If your cheques or AutoCheque card are lost or stolen, or if you think that someone has signed one of your cheques without your permission, you must tell us as soon as possible.
4.6 When writing a cheque, you must take all reasonable precautions to prevent anyone else altering it or making a forgery.
4.7 If we receive for payment one of your cheques that is more than six months old, we do not have to pay it.
5 Clearing credits and cheques
Our 'clearance cycle' is the time it takes for money paid from or into your account to be debited or credited. This section applies to our normal clearance cycles for sterling cash and sterling cheques paid into or taken out at branches of English or Scottish banks in England, Wales, Channel Islands and Isle of Man.
5.1 Cheques you issue
When you issue a cheque, it will normally be debited to your account two working days after the recipient pays it into their account. For example, a cheque paid in on a Monday will normally be debited to your account on a Wednesday. More time may be needed for a cheque paid into a building society account or any bank outside England or Wales, or any account held at a non-clearing bank. If you issue a cheque from a particular account and it is paid into the branch that holds the account, it will be debited the same day. If you cash a cheque at your own or any other Midland branch, your account will be debited the same day. If your account goes overdrawn as a result of issuing a cheque, we will charge you interest from the day the cheque is debited to your account.
5.2 Credits you receive
5.2.1 Cheques
When you pay a cheque into your account you will normally have to wait three working days after it has been paid in before you can withdraw the money, unless we agree otherwise. For example, the proceeds of a cheque paid in on a Monday will normally be available for withdrawal on a Thursday. However, the amount shown on the cheque will be included in your account balance before you can withdraw the money. When working out any interest that should be paid, either by us to you or by you to us, we treat cheques as being "cleared" for interest calculation purposes two working days after they have been paid in. If you withdraw money which is not cleared for interest calculation purposes you may be charged interest even though your account shows a credit balance. Please note that it is possible that the bank on which a cheque is drawn may later return the cheque unpaid. Because of this we may at our discretion require you to wait until we are certain that the cheque has been paid before you are able to draw against it.This will normally be four working days after the cheque has been paid in. If a cheque which you have paid into your account is returned unpaid, the sum shown on it will be debited to your account. If you withdraw against a cheque which is returned unpaid and your account goes overdrawn, or your existing overdraft increases, you will have to pay interest.
5.2.2 Cash
When you pay cash into your account at your own branch or any other Midland branch, you will be able to withdraw the money the next working day. The cash is treated as "cleared" for interest calculation purposes on the day it is paid in.When you pay cash into your account at another bank, you will have to wait three working days before withdrawing the money. This is because it takes time for the credit to reach your branch. The cash is treated as "cleared" for interest calculation purposes two working days after it has been paid in.
6 Bank charges
6.1 The charges we make for operating your account from day to day vary according to the type of account you hold. We will give you a copy of the relevant price list which includes the prices of our services that are used most often.
6.2 We may change our prices at our discretion and will give you advance notice in writing of any changes.
7 Borrowing from us
7.1 Borrowing can be arranged either by overdraft or a separate loan. The most suitable form of borrowing will be agreed between you and your manager. In some cases, we may need security.
7.2 You must always keep your current account in credit unless we have agreed an overdraft with you.
7.2 If an overdraft is agreed, the interest rate will be shown in a letter that sets out the terms of the overdraft.
7.3 You must not go over any overdraft limit that is agreed with us unless you get our agreement first.
7.4 We may decide not to pay a cheque or other item if it would make the account go overdrawn or go over an agreed overdraft limit.
7.5 We may reduce your overdraft limit but we will write to you before doing so.
7.6 We will tell you the amount of:
. any arrangement fee we may charge for agreeing your overdraft
. any fee for reviewing your overdraft
7.7 If we pay a cheque or other item you issue and, as a result, your account goes overdrawn or goes over your agreed overdraft limit, this does not mean that we have agreed an overdraft or an increased limit. You must immediately pay enough money into your account to cover the overdrawn amount or the amount that is over your agreed limit.
7.8 If your account goes overdrawn without an agreed overdraft, or you go over an agreed overdraft limit, we will charge interest at our Standard Debit Interest Rate on the amount by which your account is overdrawn. We will continue to charge this rate until:
. we have written to you agreeing an overdraft
. the cleared balance on your account is back within your agreed limit
. there is a cleared balance on your account if you have no agreed limit
The Standard Debit Interest Rate may vary and is on display in all our branches. We will publish any changes in the national press.
7.9 As well as charging interest for unauthorised overdrafts, we may also charge a fee to cover the cost of the administration involved (see the relevant price list).
7.10 Every day, we will work out the interest you owe on the cleared debit balance of your account. It will be debited to your account either monthly or quarterly depending on the term we have agreed with you, and if we have to make demand.
7.11 Unless we have agreed other terms with you in writing, we may at any time end your overdraft limit and demand that you pay any money you owe us immediately.
7.12 If any accounts you hold with us are in credit, we may use them to reduce or repay any amounts you owe on other accounts you hold with us in the same name (including card accounts you hold with us). If we decide to do so, we will tell you why and when it will be done.
8 Responsibility for borrowing
8.1 Account in your name only
You are personally responsible for any money you owe us, whether this arises from your own actions, from the actions of someone authorised by you, or use of your self-service or AutoCheque card.
8.2 Joint account
8.2.1 Joint account holders are together and individually responsible for any money owed to us on the joint account. We can demand repayment from all and any of them for any money owing on the account.
8.2.2 Where a joint account holder has an account with us in their sole name, and that account has a credit balance, we can set-off these monies against any money owing to us on the joint account.
9 Self-service and AutoCheque cards
9.1 Issuing cards
9.1.1 We will issue you with a card only if you have applied for it and we have accepted your application, or we are replacing or renewing a card you already hold.
9.1.2 We will issue you with a Personal Number (PIN) to use with your card to withdraw money from self-service machines, only if you ask us to do so.
9.1.3 We will issue a card to each signatory on a joint account if you ask us to do so in writing and the mandate permits each signatory to operate the account.
9.1.4 We may continue to debit your account with the amount of any withdrawal or other transaction carried out using your card, even if the joint account mandate is varied or terminated, until all cards issued in relation to the account have been returned to us.
9.1.5 Your card will allow you to withdraw money from your current account. It must not be used to borrow money from us unless we have agreed such arrangements with you in writing. Unauthorised overdrafts will be charged interest at our Standard Debit Interest Rate. Other charges may be payable according to our current account price list from time to time in force.
9.1.6 When making or authorising payments from your account we may take into consideration any electronic payments, such as direct debits, or any transactions you have already made with your card or authorised. This will be regardless of whether or not these transactions have already been debited to your account.
9.1.7 You may use your card to obtain the services described in these terms and conditions and such other services as we may provide from time to time. All such services will be subject to such terms and charges as we may notify you and we may at our discretion change or withdraw these by giving you at least one month's notice in our branches or in the national press or by post. The change or withdrawal will apply from the date specified in the notice.
9.1.8 You authorise us to debit your account with the amount of any withdrawal or other transaction carried out using your card whether or not you have authorised that withdrawal or transaction.However, unless you have acted fraudulently or with gross negligence, your liability for withdrawals and other transactions which have not been authorised by you will be limited in the way set out in 9.3 overleaf. Your liability may also be limited by law.
9.2 Looking after your card and PIN
9.2.1 You must take all reasonable precautions to prevent fraudulent use of your card. These include:
. signing your card as soon as you receive it
. not allowing anyone else to use your card
9.2.2 If your card is lost or stolen please tell us by using our emergency
24 hour telephone number (081-450 3122) as soon as possible. We may ask you to confirm the loss of your card in writing to Midland Card Services at the following address: Lost & Stolen Cards Dept., Midland Bank plc, Rutland House, 1-13 Rutland Street, Leicester LE1 1RB.
9.2.3 We will ask you to co-operate with us and the police in our efforts to recover your card if it is lost or stolen. We may also disclose information about you and your account if we think it will help avoid or recover loss.
9.2.4 If you subsequently find your card after you have reported it as lost or stolen you must not use it again. You must cut it in half and return it to us immediately.
9.2.5 If we have issued you with a PIN you must take all reasonable precautions to prevent fraudulent use. These include:
. never writing your PIN on your card or on any other item normally kept with the card
. never writing your PIN in a way that can be understood by someone else
. never telling your PIN to someone else
. telling us as soon as possible if you suspect someone else knows your PIN
. destroying the PIN advice promptly after receipt
9.2.6 Please tell us as soon as possible if:
. an entry appears on your statement that you believe to be incorrect
. you change your address
9.3 Liability for unauthorised transactions
9.3.1 Our liability
We will be responsible for any money lost if:
. your card is lost in despatch from us to you
. there is a fault on a self-service machine of which you have not been notified by a message on the screen or a notice on the machine.
Unless we can show that you have acted fraudulently or with gross negligence, we will also be responsible for any money lost if your card is used without your authority after you have reported to us that it has been lost or stolen or that you suspect that your PIN is known by someone else. We will credit your account with any amount debited under the above circumstances including any related interest and charges. We will have no further liability to you.
9.3.2 Your liability
You will be responsible for any other losses, but your liability to us will be limited to a maximum of £50. We may at our discretion waive your liability if there has been no fraud or negligence on your part.However, if we can show that you have acted fraudulently or with gross negligence, this limit will not apply and you will be liable for all losses (including any withdrawals or other transactions made from your account without your authority) without limit. Your liability may also be limited by law.
9.4 Returning your card
9.4.1 You can return your card to us at any time.
9.4.2 We may ask you to return your card to us or suspend its use at anytime.
9.5 Switch transactions
9.5.1 If the Switch facility on your AutoCheque card is used we will charge to your account the amount of the transaction if it is validated by a sales voucher signed by you, or a mail order purchase form signed by you and showing your card number, or an order has been placed by telephone and your Switch number (starting 490) has been quoted.
9.5.2 We may authorise a Switch transaction but if there are insufficient cleared funds or no agreed overdraft is available on your account to cover the transaction we shall refuse to authorise such a transaction.
9.5.3 If a retailer or supplier makes a refund we will credit your account when we receive their written instructions. We will not be responsible for any delay in receiving these instructions.
9.5.4 When asked to authorise a Switch transaction we will take into account any other transactions we have paid or agreed to pay from your account or which we have authorised.
9.5.5 Payments by Switch will normally be debited to your account the first working day following the transaction.
9.5.6 You cannot stop a Switch payment.
9.5.7 We will not be liable if any retailer, supplier or bank refuses to accept your card.
9.6 Self-service machine withdrawals
9.6.1 Your card can be used to withdraw cash from our self-service machines in the UK and in the HSBC Group network.
9.6.2 Cash withdrawals will normally be debited to your account on the same day or the next working day.
9.6.3 Whenever one of our self-service machines is not in operation, a notice telling you this will appear on the screen.
9.6.4 We will do everything we can to ensure that our self-service machines are working at all times but we cannot guarantee that they will always be in operation.
9.6.5 When your card is used at self-service machines abroad, the amount withdrawn will be converted into sterling at our applicable exchange rate. Details of the basis on which the exchange rate was calculated are available on request. Such withdrawals will normally be debited to your account within five working days.
9.7 Cheque guarantee
9.7.1 If you issue a cheque to someone in conjunction with your AutoCheque card, we guarantee to that person that we will pay the cheque subject to the limit shown on your card and other conditions which are available in our branches.
9.7.2 You cannot stop a cheque supported by your card.
9.7.3 No more than one cheque may be guaranteed per transaction.
10 Closing your account
10.1 We will write to you if we want to end our banking relationship with you.
10.2 If you wish to close your account you must tell us in writing.
10.3 We will not close your account until you have returned any plastic cards we have given you and any unused cheques. You must repay any money you owe us, including the amount of any cheques you have issued or card transactions you have made which have not been taken out of your account.
11 General information
11.1 At least once every three months we will send you a statement showing the transactions passing through your account.
11.2 With the exception of banker's references requested from outside the UK (where it is not our normal practice to ask for your authority to reply to such requests), we will not disclose information about your account to a third party unless:
. we are legally compelled or it is in the public interest to do so
. you ask us to do so or give us your permission
. it is in our interest (e.g. to protect us from or to recover loss)
11.3 We will not give information about you to the parent, subsidiaries or associated companies of Midland Bank plc for marketing purposes without your permission. A list of our parent, main subsidiaries and associated companies is available on request. You can choose not to receive marketing information relating to our products and services at any time.
11.4 Under the Data Protection Act 1984 you can ask in writing to see any personal records we hold on computer about you.
11.5 We shall not be liable to you for any loss you may suffer if we are prevented from or delayed in providing you with any banking or other services due to strikes, industrial action, failure of power supplies or equipment or causes beyond our control.
11.6 We may change our banking hours, our charges, banking practices, the availability of branches and self-service machines and similar matters at our discretion by giving at least one month's notice in our branches or in the national press or sent to you by post. The change will apply from the date specified in the notice.

deedee2665

Hope the preivious post helps they are off cag web site .

Good luck

desperate_lou

hi traceppp

Still thinking about what they have done, the liars!!!I bet they are hoping you will drop it now, stick to your guns.

My husband popped into his bank (barclays) and spoke to the manager and he said banks will pay out they just putting stalling tactics in place and trying to frighten people into stopping their claim, especially barclays who are scared of the court, because there is no way they can show breakdown of charges amount to £30-£35. Apparently its how the system is set up to work, not the employees. He thinks the charges are terrible and said everyone should be claiming their charges back.

Hope that gives you a bit of reassurance. keep going you ll get there in the end.

Lou x

bigbadbri

stargazer59 wrote: »

I emailed them a couple of times telling them i had my AQ in front of me ready to go and offered to settle or i would file Aq and add another £100 to their costs..no response..!!!!! They have til monday to file theirs and they will probably do it late! They dont seem to respond and their number always goes to ansafone! Oh and i attatched a copy of my chargse spreadsheet with each e mail..so they cant say they havent had it!

Do you have the e-mail address?

Patch_3

Hi

I am trying to claim £1695 from HSBC.

I have a couple of questions but first I will breifly say what I have done so far.

5th of Febuary - I phoned and wrote a letter asking for my statements. No reply.

20th March I at last found out I could view the infomation online, so I calculated the amount owed, together with 8% interest. I wrote and asked for this amount using the template letter. All money owed is for excess over draft charges, ranging from £18 to £100 pounds a time.

25th March I receive a letter saying they are looking into it.

20th April I send off second letter telling them I will be starting a small claim. No reply.

I don't have the £120 I need to start the claim so I go to my branch to try and talk to them about it. They tell me to be patient and refuse to give me a copy of terms and conditions covering my account and overdraft. They assure me they are just paying out to everyone and that I won't need to start a claim.

15th of May I recieve about a third of the statements I asked for in Febuary, the rest have never arrived.

I phone the bank many times and eventualy they give me a number for the department they claim to have set up to deal with all the requests for refunds of ilegal charges. After an hour on hold I am very politely assured that I will be given an offer on or before 15th of June.

15th June I receive a letter telling me that I am being charged £25 for going over my overdraft limit.

So I guess they won't be making an offer after all. I now have the money to start the small claim.

My questions are - do I claim the original amount that I asked for back in March or add it all up again?

If by the time it goes to court the date of the oldest charge on my list is now longer than 6 years ago will this matter?

Do I need actual copies of my statements in court or will a cut and paste of what I can view online be ok?

Do they ever make offers within 8 weeks of being asked as they promised they do?

Thanks for any advice given..

:beer:

desperate_lou

Patch wrote: »

Hi

I am trying to claim £1695 from HSBC.

I have a couple of questions but first I will breifly say what I have done so far.

5th of Febuary - I phoned and wrote a letter asking for my statements. No reply.

20th March I at last found out I could view the infomation online, so I calculated the amount owed, together with 8% interest. I wrote and asked for this amount using the template letter. All money owed is for excess over draft charges, ranging from £18 to £100 pounds a time.


25th March I receive a letter saying they are looking into it.

20th April I send off second letter telling them I will be starting a small claim. No reply.

I don't have the £120 I need to start the claim so I go to my branch to try and talk to them about it. They tell me to be patient and refuse to give me a copy of terms and conditions covering my account and overdraft. They assure me they are just paying out to everyone and that I won't need to start a claim.

15th of May I recieve about a third of the statements I asked for in Febuary, the rest have never arrived.

I phone the bank many times and eventualy they give me a number for the department they claim to have set up to deal with all the requests for refunds of ilegal charges. After an hour on hold I am very politely assured that I will be given an offer on or before 15th of June.

15th June I receive a letter telling me that I am being charged £25 for going over my overdraft limit.

So I guess they won't be making an offer after all. I now have the money to start the small claim.

My questions are - do I claim the original amount that I asked for back in March or add it all up again?

If by the time it goes to court the date of the oldest charge on my list is now longer than 6 years ago will this matter?

Do I need actual copies of my statements in court or will a cut and paste of what I can view online be ok?

Do they ever make offers within 8 weeks of being asked as they promised they do?

Thanks for any advice given..

:beer:

Hi, can t give you much advice on the court side of things, but if you read back through the forum, you will see that they normally give you an answer around the eight weeks (sometimes 9-10wks), as your claim isn t partically high i would think they would be making you an offer within next week or so. If i was you i would ring them monday and see whether an offer is in process, if they say they are still looking into it advise them that their eight weeks is up and you want them to escalate the claim. set them a time limit of say another five days to make full offer if not received . say you have funds to take them to court now and won t hesiate to do so.

I would also try and negotiate with them about the further charge that has gone on.

Im giving them the eight weeks, as i couldn t face the court route and from reading on here most people have been successfull holding on. It really is down to personal choice. If you go down the court route they tend to drag that out as well, but payout right at the last minute.

What phone number did they give you?

Its driving us all mad on here:mad:
good luck and let us know how you get on

lou x

Patch_3

Hi, thanks for reply


the number they gave me was 08456 028006.

Cheers.