Reclaim Unfair Bank Charges article discussion Part II

kelshadit

this whole situation is getting beyond a joke, it is becoming a free for all with this bank doing this that bank doing that and now not only is it a lucky draw as to weather you get your money back or not now courts/judges are going to do the same :mad:
so basically it's not a case of whats right or the law or anything it's a suck it and see so people are going to be even more out of pocket with mcol fee;s and court fee's it's like a lottery, there must be something that can be done:eek:

TITCH

Twinkly wrote: »

They cannot change the statutory entitlement to receive the data within 40 days. This is laid down in the Data protection Act and they cannot change that. However, they can take longer than 40 days and do so.

You can complain to the Information Commissioner at the delay but be aware that there is a backlog of complaints to be dealt with and so you will still be waiting. Might be worth advising the bank of your intention to complain at the delay and see if it hurries things up but really, dont hold your breath. :rolleyes:

Thanks Twinkly just sit my ground then I still have it all to look forward to,be in touch when i hear anything.

Palerie-head

Hello there fellow claimers

I'm at the tricky stage of waiting for a court date against HSBC for a claim of almost £5k. :eek:

I called them today as I had read that people were doing that and settling over the phone (save the stress I thought!) Anyway, I spoke to some very nice and friendly people who explained that now I was in the court process they couldn't speak with me and all correspondence had to go through the court now.

They implied that if I dropped the court case they would speak with me, but not until. They also said that only 1 claim had ever gone to court and they had lost (so if I didn't know better I would be really worried now and thinking I might be only the second person in the whole country to take my bank to court!!).

Anyway, I think I'll send them a without prejudice letter and ask them to settle before we go to court - has anyone else done this and did it work?

Cheers guys x:o

steveh66_2

Hello everyone

first time posting, so apologies if A) this has been asked elsewhere, and I don't put my question as clearly as others.

Anyway, I've just started my claim against HSBC for over three grand (and with a baby due any day it's much needed!) and the recent Judge Bewick (sorry if that's misspelled) decision, and more latterly cases being struck out in Hull, strikes me that we probably need to focus on the tricks the banks will utilise in their defences a bit more. One thing strikes me: is it worth asking the bank (or their solicitors) to produce a transparent justification of their costs in administering returned cheques/ unpaid standing orders, etc? I don't doubt for a minute that they'll flatly refuse, but it may make our cases look somewhat more favourable, given that, in doing so, they're surely refusing to offer any evidence to support their claim that these charges are reasonable, irrespective of whether they couch them as default fees or service fees? The way I understand it, it doesn't matter so much whether charges are termed fees/penalties/service fees or anything else, more that they can be proven to be reasonable if they relate to breaches of contract.

Anyhow, just a thought! Any comments would be much appreciated. Fantastic site and thanks for the inspiration!

kelshadit

sgm wrote: »

Bank: Halifax

Claimed: £2,230

Offered: £1,700

This was an account I closed 3 years ago, with £306 still outstanding in charges. I didn't have the account number, so I went into the branch and they gave it to me. I sent off for the charges sheet, but they messes me around big time. So I completed the template saying how I was going to report them to the Information Commissioner, and took it into my branch.

They produced the list of charges withing 15 minutes. Sent off the first letter, got a reply within 7 days saying the usual, sent them another one threatening court action. The last day was yesterday, so I phoned them using a direct line someone put up on here.

Spoke to a very nice helpful lady, who said an offer would be in the post. Received that this morning, for £931. Basically 50% minus the £306 left owing on the account. I phoned the lady and said I wasn't prepared to accept that, but in a friendly manner. She offered me £1,700, which is nly about £350 less that I was really entitled to.

I've accepted it gratefully, thanks very much to everyone on this site.

Don't forget to stick with it, and if things aren't happening make them happen.

hi would you be able to let me have the number to call please as i would rather not have to go to court if i dont have to cheers

mat01564

So posted this earlier:

'Hi, need to find out what happens next, have done all the normal stuff and lloyds had entered an ackowledgment to the summons i did via mcol on the 26/4/07. Went back to mcol on the 30/5 and still no defence was entered by the bank so clicked on enter judgment and today recieved letter from court saying judgment has been entered. do i just sit and wait now?'

So i have been told to ask how to get the money out of lloyds, do i issue a warrant now or contact them? what number shall i call?

The judgement total is £10605.00 and the solicitor who was delaing with this is foot anstey, who will not return any calls or emails.

cyberman_3

Palerie-head wrote: »

Hello there fellow claimers

I'm at the tricky stage of waiting for a court date against HSBC for a claim of almost £5k. :eek:

I called them today as I had read that people were doing that and settling over the phone (save the stress I thought!) Anyway, I spoke to some very nice and friendly people who explained that now I was in the court process they couldn't speak with me and all correspondence had to go through the court now.

They implied that if I dropped the court case they would speak with me, but not until. They also said that only 1 claim had ever gone to court and they had lost (so if I didn't know better I would be really worried now and thinking I might be only the second person in the whole country to take my bank to court!!).

Anyway, I think I'll send them a without prejudice letter and ask them to settle before we go to court - has anyone else done this and did it work?

Cheers guys x:o

HSBC trying out a bit of blackmail !!! TUT TUT. You could tell them that of course if they paid the amount in full, naturally you would drop the case.

You must read between the lines here ..... if they were so confident, would they actually ask you to drop the case ??

As far as "They also said that only 1 claim had ever gone to court and they had lost" What a lot of rubbish, don't they read the success stories on this site .... suggest you read them as well, the success rate is so high that it's no wonder HSBC are shaking in their boots. What a stupid thing for a bank to say. STICK TO YOUR GUNS --- YOU ARE NEARLY A WINNER

kinda

hi the bank has said they will not pay so did the court thing wot happensnow has any one had this happen yet its halifax thanks

Edinburghlass_2

Have a read of the Halifax thread which you'll find linked in the Reclaim Help Thread, lots of users in the same boat there.

harryandrew

HSBC
Please can someone help,i've already asked this question & can not find it now.HSBC have sent me a letter stating -i regret it will not be possible to provide statements fr May 01-Feb 05.Acct was passed to collections in Jan 1998 & statements were suppressed thereafter.However in Feb 05 a new computer system was installed allowing us to archive a monthly record of the account and it is for this reason we have been unable to supply you with statements from March 05 onwards.Can anyone help me?