Reclaim Unfair Bank Charges article discussion Part II

Time_goes_by

kome wrote: »

Hi everyone

I'm in a right pickle because I'm not sure what my next step is and don't want to do anything wrong in case I jeopardise my chances.

Here is my story with HSBC:

31st March 07 - Wrote to Canada Sq requesting list of charges

12th May 07 - no response so rang Service Quality Team - no record of my letter so they used this day as the start of the 40 day process

2nd June 07 - through this site, discovered that I could view statements on internet banking site do did just that

2nd June 07 - sent letter to Service Quality Team (SQT) with full schedule of charges, asking for £3,212 (inc interest) to be repaid

6th June 07 - received letter from SQT saying, "looking into matters", together with leaflet that says they have eight weeks to respond.

I've been with this bank for 25 years (my fault, I know), but I've had enough. They have been charging me £100 "notified fee" for going over my overdraft for just a few pounds. I'm fuming and as soon as I get my money, I'm leaving them.

The dilemma I have is should I wait the eight weeks for them to respond or should I take the MCOL route? I don't want to wait eight weeks so can I go straigt to MCOL? I hope that somebody out there will be able to give me your opinion. Thanks so much.

I suggest you start the Court proceedings now. Nationwide and Halifax told me the same thing.I started the proces immediately and the claims were settled within the 28 days.

kome

oldandskint wrote: »

You should stick to your timescale not thiers - also bearing in mind that if you go the mcol route it still could take 8 weeks or longer or you could wait the 8 weeks and claim via fso. It's up to you. We have filed through MCOL and are now awaiting court date - started claim in April it has gone through quite quickly until now but we may not get a court date until at least sept.
It's a waiting game!

Good luck and stick at it you will win eventually.

Regards
OAS (Dave)

Hi Dave

Thanks for the advice.

I'll start the MCOL process tomorrow and keep the site updated on my progress.

I don't think I'd have got this far without the advice of people like you and others who have been through this hassle.

thanks again.



I'll go through the MCOL route tomorrow

Helmbroken

ak_wf1 wrote: »

Hi

Can someone help me please. I have recived a letter from Nothhampton Count Court saying the case has been refered to Wakefield Court (my local court). The date has been set for 21 August 2007. I have been asked to deliver to each party and court office copies of all documents 14 days before the court date.

My question is what do i need to include in my court bundle? Just the letters i wrote to them or something extra?

I also found some extra charges which i was subject to after i had made a claim on line. Should i add these as well or not??

I have just prepared my court bundle & used the CAG one:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html


HTH

spjtjfe

liannemartin wrote: »

just asked hsbc for my charges back,sent off the second template last week on thursday and today i have had a letter acknowledging my letter and saying they are looking into it,has anyone else had this response and how llong was it before they sent you an offer.
I also have an iva with this bank but it was 2 years ago and the account is now closed could this be a problem.

I've sent HSBC my initial request with the breakdown of charges (£1500 or so). Got no response within 14 days so sent the letter threatening court action. Within 2 days of posting that letter I got one back saying they're "looking into matters" and including a leaflet (sounds identical to yours)

the 14 I gave them in my last letter will expire at the end of the month (assuming we're talking working days).

At that point I guess it will either be the Ombudsman or the Court.....frankly, I can do without the paperwork but I'm not worried.

What's the worst they can do? reject the claim and close the account? plently of other banks out there to open an account with

J

elaineyvonne

craigy83 wrote: »

hiya hope you can help me! im at the stage where barclays have said they are going to defend the whole of my claim which comes to £4192 with interest. im getting a bit scared now and would at least take 3500 off them!
should i do what you have said in your message above?

craigy83

hiya stick with your claim we went all the way with court got stayed twice by the court had a new date from them for 1st aug got letter today from DINO PAPAEVRIPIDES FOR WHOLE AMOUNT £4.310 so would hang on if i were you elaine

Edinburghlass_2

finlay15 wrote: »

hi

I am wondering if i have to wait for LLoyds to respond to my LBA before I file with FO. I sent the letter on the 22nd of May and as of yet had no reply. Tried phoning andover could never get through.

PLease help.

You need to have been dealing with your claim for 6/8 weeks before passing your claim to the FO, or to have had a definate no from the bank. Have a read of Martin's updated article regarding using the FO

donna24

I need help please!!!
It feels like we have been trying to get our money back forever!
We are trying to claim back £1675 + interest from hsbc. After getting all the statements dating back 6 years, we wrote to the bank asking for our money back, we did receive a letter back, saying they would investigate the matter, so we waited about 3-4 weeks and sent another letter threatening to take them to court, they did not respond in the 14 days, we gave them a few more days ( just in case it was in the post) nothing.
So we started procedeings on the money claim online. during this time we recieved a letter from the bank in response to the court threatening letter ( a month late) making use a (not what we wanted) offer.
we rang up the mcol and asked what to do, they said because they had not recieved an acknowledgement or anything from them and that the letter we received was for the last letter we sent, we could start a judgement by default, we waited a day or two and then started it.
Time passed again and still nothing, so we issued a warrent.
Here's the confusing bit for us.
we started the warrent about 5 days ago, and have just recieved a letter saying that the bank have filed a defence??
What the hell do we do now?? whats gonig to happen next. we are totally gobsmacked. we thought we were going to get the money???
Help please

cyberman_3

tracepppp wrote: »

Bank HSBC
Claiming £9922
Amount offered - Zilch

Story so far
Is letter sent 13th April
Decided to wait the 8 wks, even tho did send letter threatening court
8th June - deadline - no resolution

Was told by FOUR different people at the call centre an "OFFER" letter was in the post, was told this on 8Th, 11th & 12th (i rang twice) as no letter received. I emailed the bank, the bank replied 15th via e mail stating they wouldn't be paying out!! Received the decline letter today, it was dated the 13th!! So they are a bunch of liars! I'm fuming :mad: :mad: :mad: I really don;t want to go thro court myself, as a full time stressful job and other issues going on, so has anyone out there used a Soliciters they could recommend to me?

Thanks in advance
Trace

Hi Trace, sounds like HSBC have more left hands than a right --- typical of them. Anyway, if you were told 4 times an offer was in the post, write to them "recorded delivery" and advise them of these facts. Give them 7 days to correct this error, if not you will commence court action without further notice to them and you will bring this to the attention of the Judge. Also in your letter, state that you will ask the court for a full breakdown of the charges.
This puts the onus back on them and you are in charge

This is the way you deal with such rubbish

202rosalind

My bank has submitted a defence against my claim and has asked for lots of extra information from me. The question I can't answer is "what part of the Unfair Terms in Consumer Contract Regulations 1999 am I claiming under".
Can anybody help me please? Ros.

cyberman_3

donna24 wrote: »

I need help please!!!
It feels like we have been trying to get our money back forever!
We are trying to claim back £1675 + interest from hsbc. After getting all the statements dating back 6 years, we wrote to the bank asking for our money back, we did receive a letter back, saying they would investigate the matter, so we waited about 3-4 weeks and sent another letter threatening to take them to court, they did not respond in the 14 days, we gave them a few more days ( just in case it was in the post) nothing.
So we started procedeings on the money claim online. during this time we recieved a letter from the bank in response to the court threatening letter ( a month late) making use a (not what we wanted) offer.
we rang up the mcol and asked what to do, they said because they had not recieved an acknowledgement or anything from them and that the letter we received was for the last letter we sent, we could start a judgement by default, we waited a day or two and then started it.
Time passed again and still nothing, so we issued a warrent.
Here's the confusing bit for us.
we started the warrent about 5 days ago, and have just recieved a letter saying that the bank have filed a defence??
What the hell do we do now?? whats gonig to happen next. we are totally gobsmacked. we thought we were going to get the money???
Help please

If the Judge awarded to you by default, that's it, game set and match in your favour. It is too late for them file a defence.
Suggest you talk to the court, they will be helpful