HSBC (merged)

ghaw

Quick headsup of what has happened with my claim against HSBC.

I used all standard letters and HSBC offered 50% which I rejected. I asked for 80%, which they ignored.
Took the MoneyClaim route to issue a claim against HSBC.

They have now filed a defence as follows:

1. The Claimant's account is governed by the Defendant's personal and/or business banking terms and conditions.
2. Pursuant to the Defendant's terms and conditions the Defendant is entitled to make a charge for its services as set out in the Defendant's price list, including an overdraft review fee for considering whether to provide and providing overdraft.
3. The Defendant denies that the charges applied to the Claimant's account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer contracts Regulations 1999 (UTCCRs)
4. The charges applied to the Claimant's account are reasonable and are properly and fully disclosed in the Defendant's terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Furthe, 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.

The case has now been transferred to my local court (Exeter). The filing of the allocation questionnaire has been dispensed with by the court.

I am waiting for a hearing date.

It is said that 'Only a fool represents themselves in Court'.
I can't afford legal representation, so what advice does anyone have who has been to court. In particular, how to refute the HSBC defence.

Thanks,

Graham

PS. MY daughter, who banks with HSBC got her claim paid almost in full just from using the standard letters.

Unrepentant_Debtor

HSBC paying my claim almost in full by next week, woot!

Here's something interesting though:

Called HSBC to ask why my offer was lower than what I'd claimed. At first I was told it was because they don't pay interest. As I hadn't claimed for interest I asked for a further explanation. The gentleman grudgingly explained that HSBC take off 15% as they beleive that's what they're due.

That's as close as I've heard HSBC admitting they only need 15% of the charges to cover costs?!?!?!?

stiggers_2

Yea I know what you mean.

I can understand them not paying full amount because they are gonna want to charge you something

Having said that, I got 100% offer (£373 without interest) on one HSBC account, and then only 85% on a different account... (£613 against £721).

I phoned but was just told to write :mad: so have requested full amount (without interest) drawing their attention to my other 100% offer... ! :cool:

joncow75

This has been such a long week waiting for money to go into my account. Sent letter back last Wednesday (I think, its all a blur, lol). Fingers crossed it arrives before the weekend!

As for the 85% bit, I actually think that probably a fair deal, as I do beleive we should be charged something for miss-management of our accounts. My offer was for 86% so I was happy with that.

Tillybella

joncow75 wrote: »

This has been such a long week waiting for money to go into my account. Sent letter back last Wednesday (I think, its all a blur, lol). Fingers crossed it arrives before the weekend!

As for the 85% bit, I actually think that probably a fair deal, as I do beleive we should be charged something for miss-management of our accounts. My offer was for 86% so I was happy with that.

Hi joncow

I was hoping i would receive my money by the end of this week but I am 2 days behind you so it doesnt look like i will now . I sent my acceptance back by special delivery last thursday and they confirmed they received it on friday. i know they say 14 days but I was really hoping it would be sooner . I've been checking my account several times everyday even tho i know its too soon :rotfl: Do you know if it is an over night transfer? ie it will show first thing in the morning and so its not worth checking for the rest of the day? Let us know as soon as you get yours, then I'll know when i'm likely to get mine! :j

Can't believe this time has actually come!! :T

Tillybella

damocoleman

Hiya,

I am about to send off the copies of the bank statments to claim back my cash which works out to about £2k

A couple of Q's before it gets sent off.

*I got charged a 'card recovery fee' when they got someone to threaten over the phone until i returned my card, i very much doubt it, but can i reclaim this??

*without getting into too much detail, certain financial constraints led to me cashing cheques in order to pay bills. I had to take out a money management loan from them where they charge me 7% aobve base rate and i can use the account again and make monthly repayments. Would I be able to ask for the rebate to made in a form of a cheque to myself instead of payment into the account?

*Is there much possibility of the same thing happening with CITI where they claimed she abused her account in the same way they did?

Tillybella

Hi Damo

I'm sure you can claim back your charges but I doubt very much that they will send you a cheque for it. Personally I think they will apply it to what you owe them. Crap I know but there have been a few posts on here where people have been expecting a cheque back but they have applied to refund to monies owed. I'm making 2 claims, I've had an offer on the first one of 1024.25 against 1105.00 I was claiming. I do however have an unauthorised overdraft of 400.00 on that account so I know I will have to pay that off and will only get the balance.

Not sure about the fee for card recovery fee tho. There is a list a few pages back about what you can and cant claim for. I'll take a look, see if I can find it.

Tillybella

Tillybella

Charges you can claim:

Account misuse fee
Cheque return fee
Card misuse fee
Unarranged borrowing fee
Unauthorised overdraft fee
Unpaid DD fee
Unpaid cheque fee
Unpaid standing order fee
Late payment fee (credit cards, store cards, catalogues etc)
Exceeding Authorised Overdraft Limit
Exceeding Unauthorised Overdraft Limit
Direct Debit/Standing Order/Cheque returned fee
Irregular fee
Paid refferal fee
Total charges (HSBC personal accounts only, not business accounts)

Hope this helps <!-- / message --><!-- sig -->

damocoleman

thanks so much for that, your an angel :A

Does anyone else know if they may point out my earlier indescresions and claim we both cancel each other out because of both failing to adhere to the banks terms?

Tillybella

Damo

What was the post you were referring to re the bank abusing the account as did the user?

Ta