Help 1st HSBC Reclaim of Bank Charges - Refused

ahll

Hi,
We sent the complaint letter in as per the one on this site to ask for bank charges back. Over the last few years the total charged has come to over £2700. The claim being made mainly on the grounds of hardship.

Part of the reply is "As you will be aware, issues relating to the level, fairness and lawfulness of of these charges have been subject to legal proceedings between us (with several other banks) and the Office of Fair Trading which started on 27 July 2007.

These legal proceedings have now ended, with the Court confirming that the bank charges are not capable of amounting to penalties at common law and that the level of them cannot be assessed for fairness under the Unfair Terms in Consumer Contract Regulations.

"in summary, the disputed charges were properly applied and the outcome of the legal proceedings confirms our position"

Then Later "I am satisfied that your concerns have been dealt with fairly and confirm we will not be upholding your complaint." then "As this letter constitutes the bank's full and final response, I am obliged to advise you of your right to refer your complaint to the Financial Ombudsman."

Now I beleive it's best to write another letter to the HSBC but what is the best things to write this time ?

Now these charges have caused a snow balling effect and caused hardship and in fact still are..We could really do with getting this money back. Any help here gretefully received...

dunstonh

What did you say in your complaint?

It sounds as if they have treated it as if you made a complaint saying the charges are unfair (the response is the unfair charges response). Did you make it clear you were complaining under hardship criteria and point out why you were in hardship?

ahll

dunstonh wrote: »

What did you say in your complaint?

It sounds as if they have treated it as if you made a complaint saying the charges are unfair (the response is the unfair charges response). Did you make it clear you were complaining under hardship criteria and point out why you were in hardship?

Yes I thought it was made cear that the complaint was under hardship criteria and pointed out why you were in hardship. Included a list of all the charges explained that things had snowballed because of the charges and that this had knock on effect to credit rating as well and that had to borrow money off family to avoid more constant charges etc. The only banks accounts are with them so they can clearly see all in and out goings, charges etc so it is obvious there are money issues. Been to see them and talked to them on the phone to know results, they weren't willing to wave even 1 fee nor increase overdraft without charging a fee.

Even pointed out that the Ombudsman classed over £500 of fees a year as an indication of hardship...the last 2 years have been over this amount.

Explained all this in the letter sent...it included at the beginning

"I am writing to request that you repay all the charges in relation to direct debits, unauthorised overdrafts and standing orders that have been applied to my account in the past six years.

I believe the fact that I have been incurring bank charges goes contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’). My personal situation has been affected by the charges leaving me in financial hardship and I am writing to request that you take the following grounds into consideration:"

ahll

Just trying to write the second letter to send to HSBC ..any more suggestions ?

GlamGirlie

You would need to refer it to the Ombudsman now, not HSBC, as HSBC has issued its final response.

dunstonh

HSBC may re-open it if they did not realise that it was financial hardship complaint. Remember that the FOS too will reject it unless they know it is a financial hardship complaint.

allanglennon

I'm in the process of reopening an old unfair claim from 2009. I did the two letter thing then gave up but thought I'd give it ago under financial hardship as after looking at it again I certainly was in financial hardship!

Sending the letter off today with evidence so will let you know how I get on. If it's rejected again think I'll try the ombudsman this time rather than give up again.

Allan

xleannex19

Just found this post from last year

Allanglennon - just wondered how your claim went?