HSBC (merged)

lucykirk2003

It is strange that some people get really quick offers from HSBC and some have to go all the way to the AQ form. I'm claiming £1800 and have been told they'll defend the claim yet others who have claimed much more than this recently have been offered good settlements.

Can anyone suggest why this may be... am I just really unlucky? Am I going to be that dreaded test case that loses?

Help anyone as I'm getting so jittery.

Steady_2

Hi has anyone been this far and got any help?

I have been through the whole correct procedure and now they want to see me in court. There soliciters letter reads for the deffence as follows

1. The claiments 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 and 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 Comsumer Contracts Regulations 1999 (UTCCRs).
4. The charges applied to the claimant?s account are reasonable and are properly and fully disclosed in the Defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTTCRs 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 claiment is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

Am a bit worried now as some of this is hard to understand esp section 5 and its going to cost me another £100.

My claim is for £2202.66 of which £382.16 is interest and you can imagine the hours are clocking up now having to sort all this out.

HAS ANYONE GOT ANY ADVICE PLEASE?

mrcall1969

piratess wrote:

I rang their call centre and the woman told me that she wouldnt stop the charges and i should ring bt and ask them to give me some money because they took a payment when id asked them to delay it !! so therefore was not the banks fault !

i told them id be in hardship at the end of the month if they did this and she said well sorry but i cant take them off ...

is it worthwile talking to somone from my own branch.? ... as when this happened last year the woman at the call centre said nope but when i saw somone at the branch she spoke to her manage and she said yep and took them both off

In my experience of any Call Centres, the operator has a set of guidelines they have to stick to and are unable/unwilling to deviate from them.

It can't do any harm speaking to your local branch, you've got nothing to lose if they insist they're going to take them anyway.

Good luck

Rex_Mundi

That's a pretty standard defence they've entered. Did you just receive this, or have you been sent the allocation questionnaire?

Steady_2

Hi

Yes I received it yesterday and they have sent me an alloction questionnaire for the Evesham court. They will be using a solicitors from Birmingham. Do you have ideas on how to fill the form in that are a must to stop them winning?

pesky_princess

hi! I got charged yesterday for an unpaid direct debit.. just wondered.. can the bank still charge me when i am in the middle of a court claim with them? how do i go about getting my charge back? grateful for any advice! thanks!

thekid_2

yes they can and will, you can either add it to your existing claim(in which case you will need to turn up in court if it goes that far) or you can add it to your next claim! You might well find they close your account if you continue to get charges on it. Big deal! lol

btk

djwardy69

How do I post a message with out it being a reply (I am a newcomer this very minute!!) ?
DJ

mrcall1969

djwardy69 wrote:

How do I post a message with out it being a reply (I am a newcomer this very minute!!) ?
DJ

Do you mean like your own thread/question?

If so, on the page with all the threads listed, on the top left there is a button titled 'New Thread'. Hit that then put the title in the box and fill out your message.

flappers

flappers wrote:

A few months ago I successfully claimed back £1050.00 from HSBC. Since then I have been charged 2 x £80.00 and 1 x £125.00. Does anyone know if I am within my rights to claim these charges back?

Just to let anyone who's interested know, I have successfully claimed back my second lot of "unfair charges" back.

Thanks