HSBC (merged)

lesterjohannes

I am helping a friend with her claim against HSBC.
They have filed a defence at the County Court saying " The Defendant denies that the charges applied to the Claimant's account amount to penalties at commom law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999."

"The charges applied to the claiment'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 UTCCR's are not applicable to them. Further, the charges are not default charges and accordinly, cannot amount to a penalty."

Can HSBC get away with this?

Lester

Amelia36

i took the offer couldnt be bothered to take it to court to get the interest and am quite happy with what they offered after all it was money i thought had gone forever!:beer:

thegoodfight

evenin' folks!
just joined this wee site although I've been reading it for ages. & a fantastic place it is too for moral support.

suffice to say, thanks to following martins advice, templates etc I got a great deal of my money back. I will post this in the success forum too, but I just wanted to help HSBC'ers first.

sent my first letter in the beginning of april (£2726 inc interest)....got standard reply

sent my second letter a couple of weeks later. oh! I sent both letters directly to my bank manager....much to his annoyance....he left me a message on my phone explaining the way their system delt with such claims. personally I prefered him working for his wage.

as I had been reading these forums continually & for other personal reasons I decided to wait the 8 weeks & not activate the court proceedings.

it became clear I wasn't going to hear anything. I tried in vain to phone the number on their standard reply. never got through. so I got their complaints number, phoned there & the guy was fantastic.

they have a person on site especially brought in to deal with these cases only. he passed my file to them & said I would hear a result in a couple of days. I must add I told them they were about miss the official deadline (40 days) for a reply & I was doing them a favour. he was completely supportive.

no reply in the next couple of days (they were using second class postage), so I phoned again, as the guy had told me. the woman was fantastic. apologised for me not having it yet & promised to send it again first class. she did....& a seperate letter wishing me happy birthday, which was a couple of days later.

I got an offer for £1916. not quite the £2726, but I weighed up the pros/cons & the money would help me out much more now. so I quite happily said yes. the money was in my account about a week later.

I highly recommend everyone claims. it's up to yourself what way you tackle it.....going to court etc. but get your money back all the same.

desperate_lou

thegoodfight wrote: »

evenin' folks!
just joined this wee site although I've been reading it for ages. & a fantastic place it is too for moral support.

suffice to say, thanks to following martins advice, templates etc I got a great deal of my money back. I will post this in the success forum too, but I just wanted to help HSBC'ers first.

sent my first letter in the beginning of april (£2726 inc interest)....got standard reply

sent my second letter a couple of weeks later. oh! I sent both letters directly to my bank manager....much to his annoyance....he left me a message on my phone explaining the way their system delt with such claims. personally I prefered him working for his wage.

as I had been reading these forums continually & for other personal reasons I decided to wait the 8 weeks & not activate the court proceedings.

it became clear I wasn't going to hear anything. I tried in vain to phone the number on their standard reply. never got through. so I got their complaints number, phoned there & the guy was fantastic.

they have a person on site especially brought in to deal with these cases only. he passed my file to them & said I would hear a result in a couple of days. I must add I told them they were about miss the official deadline (40 days) for a reply & I was doing them a favour. he was completely supportive.

no reply in the next couple of days (they were using second class postage), so I phoned again, as the guy had told me. the woman was fantastic. apologised for me not having it yet & promised to send it again first class. she did....& a seperate letter wishing me happy birthday, which was a couple of days later.

I got an offer for £1916. not quite the £2726, but I weighed up the pros/cons & the money would help me out much more now. so I quite happily said yes. the money was in my account about a week later.

I highly recommend everyone claims. it's up to yourself what way you tackle it.....going to court etc. but get your money back all the same.

Hi Ya

Well done:T as you say if you stick with it you will get your money back, alot of us on the hsbc forum have waited the eight weeks, we found with this bank it has definately been a quicker way to get our money back. Of course their is always some that have been disappointed with the outcome ie not as much as they wanted but by following it up with letters or court action have always received money in the long run.

Congratulations again its success stories like yours and everyone elses that gives people the courage to keep going. Im sure alot of people who do not follow Martin lewis site would have given up by now.

lou x

Good luck to everyone at midnight tonight:T and a special keep your chin up to tracy, she has more patience than all us.

Amelia36

Fingers crossed for midnight tonight for anyone waiting to get the money into your account, i have a feeling i will be self combusting again but hey you never know!

desperate_lou

Amelia36 wrote: »

Fingers crossed for midnight tonight for anyone waiting to get the money into your account, i have a feeling i will be self combusting again but hey you never know!

Hiya

I have a good feeling for you and sam tonight and me on Thursday night:rolleyes:

Good luck

lou x

Tillybella

Amelia36 wrote: »

Fingers crossed for midnight tonight for anyone waiting to get the money into your account, i have a feeling i will be self combusting again but hey you never know!

You staying up Amelia? I'm all combusted out so don't know what i'll do if they money isnt there tonite

I'm having a couple of drinks to calm my nerves and to help me sleep after the shock of the money not appearing again tonite!!

I know I shouldnt be so negative but it seems like a lifetime waiting for this money and at this very moment I can't see if ever happening!!!

Tillybella

desperate_lou wrote: »

Hiya

I have a good feeling for you and sam tonight and me on Thursday night:rolleyes:

Good luck

lou x

I hope you're right Lou! Not sure I can do another night of this....:eek:

Edinburghlass_2

I hope you lot are going to hang around to help cheer people on once you get your money :j

Tillybella

Edinburghlass wrote: »

I hope you lot are going to hang around to help cheer people on once you get your money :j

Yes we will! I have another claim in the pipeline which isnt up until the end of this month so I will definitely be here a while :rotfl: