HSBC still phone even though going through courts - Page 3

johnnymitch · 17th June 2009, 15:05

Hello again iiyama

What stage did your claim for refund of charges get to .......?

If you asked them for your money back and they said no ..... that constitutes your Prelim Letter - so the next step is a letter before action autolinker.com autolinking image

(LBA) which basically says I want my money or I 'll take you to court for it ....
http://www.consumerforums.com/resour...n-bank-charges

Your objective should be to get your claim into court as soon as possible - there are thousands of people with claims 'stayed' in courts up and down the land waiting for the test case autolinker.com autolinking image

to be resolved ..... but their claims are racking up interest autolinker.com autolinking image

at the rate of 8% while they're waiting .....

In the words of Mr Lex - a knowledgeable gentleman on this forum :
Remember, you need to get your claim to court

When you start to send off your letters, they will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim

Although the banks have a ongoing test case autolinker.com autolinking image

with OFT there are a number of reasons why you should start to claim at court now

Any older charges (coming up to 6 years autolinker.com autolinking image

) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected

You are supposed to be protected by the 'waiver', we now know you are not

When the stays are finally lifted, you will be one of the first in the queue to get paid

Once the courts are involved, you get the 8% interest

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed

http://www.consumeractiongroup.c o.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1772646

You have done the right thing by getting your money out of their reach via another account ..... this means that any further charges the add to your account with them are racking up to be reclaimed at a later date ........ they can't take them from your hard-earned income.

And when your claim is in court - they can't chase you for the money as any claim they make will come up against your counter-claim in court .......

Come back if you have any further queries , iiyama ... someone will answer .......

iiyama66 · 18th June 2009, 12:41

Thanks Johnnymitch,

Since my first letter and their acknowledgement of that letter they have added further charges.

1) Shall i re-submit my first letter with the extra charges?
2) Submit a seperate letter with the new charges on?

iiyama

johnnymitch · 18th June 2009, 12:49

As your claim is not at court yet iiyama you can just add the further charges to your original list .......... and keep doing that until you actually submit your claim to the court ........

.

iiyama66 · 21st June 2009, 20:25

Ive sent a letter before action autolinker.com autolinking image

to HSBC which they will get early next week.
So I look forward to their response!!

So I assume that it will end up with the court and held until the ruling is made re bank charges autolinker.com autolinking image

?

PGH7447
How can they put a default against me if im taking them to court? Does this not stop any action against me, hence that's the point?

This concerns me as my mortgage is up for renewal early next year and i dont want any black spots to interfere with this.

You mention not to offer to pay them any monthly amount as they 'owe me' but wouldn't this stop them taking action or issue a default if i was to do this?

I accept that they will hassle me, they do anyway over the O/D!!!

iiyama

Castlebest · 21st June 2009, 23:28

Hiya iiyama66

Quote:

Originally Posted by iiyama66

So I assume that it will end up with the court and held until the ruling is made re bank charges autolinker.com autolinking image

?

Correct

PGH7447
How can they put a default against me if I'm taking them to court? Does this not stop any action against me, hence that's the point?

They shouldn't carry on with debt collection autolinker.com autolinking image

proceedings as this breaches the OFT's code of practice on debt collection, the Banking Code autolinker.com autolinking image

and the terms of their own credit license but they will ignore all of that and pass you to Metro and quite possibly default you too

, heres what they did to me

...

http://www.consumeractiongroup.c o.uk/forum/hsbc-bank/125577-metropolitan-collection-services-action.html

and

http://www.consumeractiongroup.c o.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html

all sorted now though

You mention not to offer to pay them any monthly amount as they 'owe me' but wouldn't this stop them taking action or issue a default if i was to do this?

No it wont, if its not the figure they want they will continue to pursue you.

Hope that helps a little

pete

iiyama66 · 22nd June 2009, 16:35

Cheers Pete!

Just staggering what HSBC and the others will do hey? My main concern is that i remortgage early next year and obviously want to keep my credit report autolinker.com autolinking image

as clean as possible.

I take it that if you get a letter, you fire one back ASAP citing my rights and the law etc and they eventually back off?

How long did it take the Agencies to remove the defaults??

iiyama

Castlebest · 22nd June 2009, 23:10

Once they admitted "just in this case"

they were wrong they removed the default almost immediately.

You can also write to the CRA autolinker.com autolinking image

's and request that they mark the default as disputed on your file which they did do with mine but unless you knew the dispute marker was there it was almost invisible.

Best of luck and keep us posted

pete

iiyama66 · 4th July 2009, 10:47

HSBC have finally responded to me letter before action autolinker.com autolinking image

letter sent on 18th June 2009.

They have sent me a booklet 'Putting your finances in order' plus a letter about they have my claim on their records blah blah.. Can you believe the cheek of this bank??!

So, just to keep you up to date i will now be completing a N1 form. Interestingly HSBC havent contacted me about my account since ive moved to another bank, leaving an O/D of £800, however im sure they will!!!

iiyama

yourbank · 4th July 2009, 10:58

Quote:

Originally Posted by iiyama66

HSBC have finally responded to me letter before action autolinker.com autolinking image

letter sent on 18th June 2009.

They have sent me a booklet 'Putting your finances in order' plus a letter about they have my claim on their records blah blah.. Can you believe the cheek of this bank??!

So, just to keep you up to date i will now be completing a N1 form. Interestingly HSBC havent contacted me about my account since ive moved to another bank, leaving an O/D of £800, however im sure they will!!!

iiyama

Did the booklet include an I&E form?

iiyama66 · 4th July 2009, 11:37

Yourbank,

Not that I can see, the letter just talks about getting your finances in order and wants me to complete ingoing and outgoing on my account, with a view to helping me.

The letter states that,

'It is important you realise the fact that you have incurred overdraft autolinker.com autolinking image

charges and are claiming a refund of those charges will form part of our overall assessment of your circumstances (as will all relevant factors) However, our focus will be on considering what we may be able to do to assist, not solely considering refunding charges as you requested'

The letter is from Jim Large, General Manager, UK Operations.

Considering i requested to increase my O/D and was turned down even though HSBC stated my credit was good and then charged me £150 for that month doesn't seem to have been mentioned!!

iiyama

ps what is an I&E form

yourbank · 4th July 2009, 11:38

you kinda answered it in your post. Income and Expenditure form.

iiyama66 · 4th July 2009, 12:05

Sorry,

As you mentioned form that was what i was looking for. so, what implications if any does this have?

HSBC trying to prove they are a responsible bank? Or is there a hidden agenda?

I have no intention of filling in the booklet as i have left them fore a different bank.

yourbank · 4th July 2009, 12:06

Quote:

Originally Posted by iiyama66

Sorry,

As you mentioned form that was what i was looking for. so, what implications if any does this have?

HSBC trying to prove they are a responsible bank? Or is there a hidden agenda?

I have no intention of filling in the booklet as i have left them fore a different bank.

Honestly, that's fine but you will be awaiting the conclusion of the OFT test case autolinker.com autolinking image

for a refund of charges.

Castlebest · 4th July 2009, 23:13

Thats the standard HSBC response to an lba autolinker.com autolinking image

we all have at least one copy of that booklet

I have about 5

. I think the tactic is designed to make you think they are trying to do something when in actual fact they are not.

Just carry on with your claim in the normal manner to your own time scale

.

pete

yourbank · 5th July 2009, 09:03

They're complying with the fsa waiver autolinker.com autolinking image

pete, technically if you are applying under hardship autolinker.com autolinking image

then fill in I&E etc,etc,.

iiyama66 · 5th July 2009, 13:10

HSBC have now started phoning me re O/D, ive moved accounts due to charges dispute, is there a legal limit to how many times they can contact you before it becomes harassment?

iiyama

diamondgirl · 5th July 2009, 13:12

Hi
They are legally allowed once a day.

Send the telephone harrassment letter:

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls autolinker.com autolinking image

that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls autolinker.com autolinking image

from your company will be recorded. (Even if you don‘t yet have recording equipment!)

Yours faithfully

Hope this helps
DG

iiyama66 · 5th July 2009, 13:25

DG,

Thanks!

Carningli · 6th July 2009, 10:54

Hi IIYAMA66

Fascinated you managed to get a reply from Jim Large. General Manager UK. Operations. To whom did you address your original letter, to elicit a reply from such a senior individual in HSBC?. I thought they were all in hiding!.

Carningli

iiyama66 · 6th July 2009, 12:38

Ive know idea but it makes me feel special, that photocopied signature autolinker.com autolinking image

was a nice touch!!!!

HSBC are now starting to contact me about my current account which is in dispute and some of you will know is going to court via the N1 form.

They didnt know about the court action and the account is in dispute autolinker.com autolinking image

, they have told me that if i do not make a payment they can recall all debts owed to them, i have a mastercard, which was stopped and ive kept up with payments and a loan which again all payments up to date.

I assume that they can not do this as the account in dispute is the current and the other debts are being paid?

i get the feeling its gonna get a bit bumpy from here!!

iiyama

17th June 2009, 15:05	#41 (permalink)
johnnymitch Gold Account Holder Protect your signature with SignGuard Cagger since : Oct 2006 I am in: corrigible Posts: 4,373	Re: What to do next! Hello again iiyama What stage did your claim for refund of charges get to .......? If you asked them for your money back and they said no ..... that constitutes your Prelim Letter - so the next step is a letter before action (LBA) which basically says I want my money or I 'll take you to court for it .... http://www.consumerforums.com/resour...n-bank-charges Your objective should be to get your claim into court as soon as possible - there are thousands of people with claims 'stayed' in courts up and down the land waiting for the test case to be resolved ..... but their claims are racking up interest at the rate of 8% while they're waiting ..... In the words of Mr Lex - a knowledgeable gentleman on this forum : Remember, you need to get your claim to court When you start to send off your letters, they will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim Although the banks have a ongoing test case with OFT there are a number of reasons why you should start to claim at court now Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected You are supposed to be protected by the 'waiver', we now know you are not When the stays are finally lifted, you will be one of the first in the queue to get paid Once the courts are involved, you get the 8% interest While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed http://www.consumeractiongroup.c o.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1772646 You have done the right thing by getting your money out of their reach via another account ..... this means that any further charges the add to your account with them are racking up to be reclaimed at a later date ........ they can't take them from your hard-earned income. And when your claim is in court - they can't chase you for the money as any claim they make will come up against your counter-claim in court ....... Come back if you have any further queries , iiyama ... someone will answer ....... __________________ Nemo me impune lacessit Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. If you think I've helped you please feel free to tip my scales Last edited by johnnymitch; 17th June 2009 at 15:08. Reason: tidying up font markings ............

18th June 2009, 12:41	#42 (permalink)
iiyama66 Basic Account Holder Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : Dec 2008 Posts: 72	Re: What to do next! Thanks Johnnymitch, Since my first letter and their acknowledgement of that letter they have added further charges. 1) Shall i re-submit my first letter with the extra charges? 2) Submit a seperate letter with the new charges on? iiyama

18th June 2009, 12:49	#43 (permalink)
johnnymitch Gold Account Holder Protect your signature with SignGuard Cagger since : Oct 2006 I am in: corrigible Posts: 4,373	Re: What to do next! As your claim is not at court yet iiyama you can just add the further charges to your original list .......... and keep doing that until you actually submit your claim to the court .........

21st June 2009, 20:25	#44 (permalink)
iiyama66 Basic Account Holder Protect your signature with SignGuard Cagger since : Dec 2008 Posts: 72	Re: What to do next! Ive sent a letter before action to HSBC which they will get early next week. So I look forward to their response!! So I assume that it will end up with the court and held until the ruling is made re bank charges? PGH7447 How can they put a default against me if im taking them to court? Does this not stop any action against me, hence that's the point? This concerns me as my mortgage is up for renewal early next year and i dont want any black spots to interfere with this. You mention not to offer to pay them any monthly amount as they 'owe me' but wouldn't this stop them taking action or issue a default if i was to do this? I accept that they will hassle me, they do anyway over the O/D!!! iiyama

22nd June 2009, 16:35	#46 (permalink)
iiyama66 Basic Account Holder Have we helped you? Please help us by making a donation Cagger since : Dec 2008 Posts: 72	Re: What to do next! Cheers Pete! Just staggering what HSBC and the others will do hey? My main concern is that i remortgage early next year and obviously want to keep my credit report as clean as possible. I take it that if you get a letter, you fire one back ASAP citing my rights and the law etc and they eventually back off? How long did it take the Agencies to remove the defaults?? iiyama

22nd June 2009, 23:10	#47 (permalink)
Castlebest Platinum Account Holder Protect your signature with SignGuard Cagger since : Feb 2007 Posts: 6,219	Re: What to do next! Once they admitted "just in this case" they were wrong they removed the default almost immediately. You can also write to the CRA's and request that they mark the default as disputed on your file which they did do with mine but unless you knew the dispute marker was there it was almost invisible. Best of luck and keep us posted pete

4th July 2009, 10:47	#48 (permalink)
iiyama66 Basic Account Holder Protect your signature with SignGuard Cagger since : Dec 2008 Posts: 72	HSBC Response to letter Before Action HSBC have finally responded to me letter before action letter sent on 18th June 2009. They have sent me a booklet 'Putting your finances in order' plus a letter about they have my claim on their records blah blah.. Can you believe the cheek of this bank??! So, just to keep you up to date i will now be completing a N1 form. Interestingly HSBC havent contacted me about my account since ive moved to another bank, leaving an O/D of £800, however im sure they will!!! iiyama

4th July 2009, 11:37	#50 (permalink)
iiyama66 Basic Account Holder Free trial on our eBay auction sniper Cagger since : Dec 2008 Posts: 72	Re: HSBC Response to letter Before Action Yourbank, Not that I can see, the letter just talks about getting your finances in order and wants me to complete ingoing and outgoing on my account, with a view to helping me. The letter states that, 'It is important you realise the fact that you have incurred overdraft charges and are claiming a refund of those charges will form part of our overall assessment of your circumstances (as will all relevant factors) However, our focus will be on considering what we may be able to do to assist, not solely considering refunding charges as you requested' The letter is from Jim Large, General Manager, UK Operations. Considering i requested to increase my O/D and was turned down even though HSBC stated my credit was good and then charged me £150 for that month doesn't seem to have been mentioned!! iiyama ps what is an I&E form

4th July 2009, 11:38	#51 (permalink)
yourbank Gold Account Holder We need funds Please donate something Cagger since : Jun 2008 Posts: 4,491	Re: HSBC Response to letter Before Action you kinda answered it in your post. Income and Expenditure form.

4th July 2009, 12:05	#52 (permalink)
iiyama66 Basic Account Holder Try our eBay sniping service Cagger since : Dec 2008 Posts: 72	Re: HSBC Response to letter Before Action Sorry, As you mentioned form that was what i was looking for. so, what implications if any does this have? HSBC trying to prove they are a responsible bank? Or is there a hidden agenda? I have no intention of filling in the booklet as i have left them fore a different bank.

4th July 2009, 23:13	#54 (permalink)
Castlebest Platinum Account Holder Protect your signature with SignGuard Cagger since : Feb 2007 Posts: 6,219	Re: HSBC Response to letter Before Action Thats the standard HSBC response to an lba we all have at least one copy of that booklet I have about 5 . I think the tactic is designed to make you think they are trying to do something when in actual fact they are not. Just carry on with your claim in the normal manner to your own time scale . pete

5th July 2009, 09:03	#55 (permalink)
yourbank Gold Account Holder Your bank owes you an awful lot more money than you realise See here Cagger since : Jun 2008 Posts: 4,491	Re: HSBC Response to letter Before Action They're complying with the fsa waiver pete, technically if you are applying under hardship then fill in I&E etc,etc,.

5th July 2009, 13:10	#56 (permalink)
iiyama66 Basic Account Holder Free trial on our eBay auction sniper Cagger since : Dec 2008 Posts: 72	HSBC Phone calls? HSBC have now started phoning me re O/D, ive moved accounts due to charges dispute, is there a legal limit to how many times they can contact you before it becomes harassment? iiyama

5th July 2009, 13:12	#57 (permalink)
diamondgirl Classic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : Mar 2009 I am in: In a house on a street somewhere in the NW Posts: 1,185	Re: HSBC Phone calls? Hi They are legally allowed once a day. Send the telephone harrassment letter: Harassment by telephone Account Number: XXXXXXX I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls. (delete if necessary) I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded. (Even if you don‘t yet have recording equipment!) Yours faithfully Hope this helps DG __________________ IF I HAVE BEEN HELPFUL TICKLE MY SCALES I have no legal training my knowledge comes from my personal experiences. Please help keep the forum alive by making a donation.

5th July 2009, 13:25	#58 (permalink)
iiyama66 Basic Account Holder Protect your signature with SignGuard Cagger since : Dec 2008 Posts: 72	Re: HSBC Phone calls? DG, Thanks!

6th July 2009, 10:54	#59 (permalink)
Carningli Basic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : Apr 2009 I am in: South East Wales Posts: 29	Re: HSBC Response to letter Before Action Hi IIYAMA66 Fascinated you managed to get a reply from Jim Large. General Manager UK. Operations. To whom did you address your original letter, to elicit a reply from such a senior individual in HSBC?. I thought they were all in hiding!. Carningli

6th July 2009, 12:38	#60 (permalink)
iiyama66 Basic Account Holder Protect your signature with SignGuard Cagger since : Dec 2008 Posts: 72	Re: HSBC Response to letter Before Action Ive know idea but it makes me feel special, that photocopied signature was a nice touch!!!! HSBC are now starting to contact me about my current account which is in dispute and some of you will know is going to court via the N1 form. They didnt know about the court action and the account is in dispute, they have told me that if i do not make a payment they can recall all debts owed to them, i have a mastercard, which was stopped and ive kept up with payments and a loan which again all payments up to date. I assume that they can not do this as the account in dispute is the current and the other debts are being paid? i get the feeling its gonna get a bit bumpy from here!! iiyama