Have the banks got 8 weeks to reply?!!!

Stephen_Leak

pilgrimshuffler wrote: »

Hello,
This is my first post, i have been chasing HSBC for bank charges, so far i have had my statements sent to me, i have since sent the total charges amount back to HSBC, 2 weeks last Friday i received a letter from HSBC regarding the letter, how long do i wait for them to come back to me? Please advise, Thank you

The letters saying that they are investigating and will reply (ie. maintain the charges - sorry, fees! - are correct, because the OFT says they are and they were in the terms and conditions) sometime between now and the next ice age are little more than acknowledgements of receipt and attempts to make you give up and go away.

Your first claim letter should have given them 14 days to reply. If you have not received an acceptable reply by your deadline, send them the second “Letter Before Action” letter. If you are threatening to refer your claim to the Financial Ombudsman, give them until 40 days from the date of your first letter to reply. If you are threatening to start court proceedings, give them 14 days to reply. If you have not received an acceptable reply by your deadline, then refer your claim to the Financial Ombudsman or start court proceedings on Money Claim Online.

Please read the Reclaim Bank Charges Help thread.

pilgrimshuffler

Sorry to sound abit dumb, but where to i find the Letter before action template letter, or is there a template? It has nearly been 2 weeks before the receipt of the the first letter requesting the refund of the cost, do i know have to wait 40 days until i take it to the next level? Thank you for your quick reply to my first

pov

hi have sent all letters to Barclays last one saying i would start court process if no reply within 2 weeks . have had reply saying they lookin into it and will get back to me but no earlier than 7th july. not sure what to do now as if i take to court will judge not say i should of waited till given date? also not 8 weeks till 3rd july so can't contact ombudsman . Could anyone advise before my head explodes ???? Thank you

Stephen_Leak

pilgrimshuffler wrote: »

Sorry to sound abit dumb, but where to i find the Letter before action template letter, or is there a template? It has nearly been 2 weeks before the receipt of the the first letter requesting the refund of the cost, do i know have to wait 40 days until i take it to the next level? Thank you for your quick reply to my first

The templates are in Martin's article on the main site.

I'd get the second letter drafted now and date it for and post it on day 14 from the date of your first letter.

If you are going to use the Financial Ombudsman, give them another 26 days. This means that you will meet the FO's overall 40 day requirement.

If you are going to take them to court, give them another 14 days.

Bloocat_2

I am in the process of reclaiming from Barclays and had the same situation as you, I thought it was a little odd but they did reply within the time they stated on the initial letter making me an offer which was only slightly lower than the amount I had claimed. I would just sit tight for now and wait til July 7th. Hope that helps

metalmuttversion2

pov wrote: »

hi have sent all letters to Barclays last one saying i would start court process if no reply within 2 weeks . have had reply saying they lookin into it and will get back to me but no earlier than 7th july. not sure what to do now as if i take to court will judge not say i should of waited till given date? also not 8 weeks till 3rd july so can't contact ombudsman . Could anyone advise before my head explodes ???? Thank you

:mad: i have the same problem with Barclays as they seem to be using the investigation will take 4 to 8 weeks excuse after all that is all their response is.. an excuse! don't be giving up now! just keep to the plan laid down on this great site and get those letter sent out, also if you have set a deadline stick to it!

today i recieved a letter from barclays that stated there was a delay in the investigation to my claim and will reply again no later than 11.7.2007! a typical stalling tactic as far as i am concerned and next week i will be putting my claim in via court!
keep the faith!:cool:

pilgrimshuffler

Stephen,
Sorry last question the LBA letter is it the one threatening to take court action, thank you once again for your patience.

Stephen_Leak

pilgrimshuffler wrote: »

Stephen,
Sorry last question the LBA letter is it the one threatening to take court action, thank you once again for your patience.

Yes, thats the one. Obviously, it will need a litle bit of customisation, if you decide on the FO option.

You're welcome. It is far better to ask questions now and get things right, than get things wrong and then ask questions.

Stephen_Leak

pov wrote: »

hi have sent all letters to Barclays last one saying i would start court process if no reply within 2 weeks . have had reply saying they lookin into it and will get back to me but no earlier than 7th july. not sure what to do now as if i take to court will judge not say i should of waited till given date? also not 8 weeks till 3rd july so can't contact ombudsman . Could anyone advise before my head explodes ???? Thank you

The letters saying that they are investigating and will reply sometime between now and the next ice age are little more than acknowledgements of receipt and attempts to make you give up and go away.

If you want to refer your claim to the Financial Ombudsman, then wait until 40 days from the date of your first letter.

If you want to start court proceedings, then stick to the 14 days you have already given them. It would be difficult for a judge to say that this isn't enough time, as the courts usually give people 14 days to reply to them.

If you have not received an acceptable reply by your deadline, then either refer your claim to the Financial Ombudsman or start court proceedings on Money Claim Online.

Please read the Reclaim Bank Charges Help thread for information and the Reclaimed Bank Charges Success Stories and Reclaimed Bank Charges Success Stories II threads for inspiration.

andrewjwalsh

Hi,

I am trying to reclaim bank charges with Abbey. I have followed Martin's advice, received bank charges, etc and have threatened to take Abbey to court.

Today I received a reply stating that someone will get in touch with me in 8 weeks.

Can someone please advise me as to what to do. Do i wait 8 weeks, take them to court or banking ombudsmen?

Regards and thanks,

Andrew