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HSBC - first to reject consumers complaints on bank charges

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  • HSBC - first to reject consumers complaints on bank charges

    HSBC have been busy little bees writing to customers who have complained about bank charges telling them they consider the complaint resolved following the judgment in the Supreme Court which stated the OFT were unable to consider fairness of overdraft fees under regulation 6(2)b of the Unfair Terms in Consumer Contracts Regulations.

    Customers who complained to HSBC and First Direct have been receiving letters stating '' In summary we believe that the disputed charges were properly charged and the outcome of the legal proceedings confirm that position. We are therefore not upholding your complaint and will not be refunding you bank charges ''

    HSBC appear to be the first of the banks to write to consumers rejecting their complaints following the Judgement on the 25th November.

    As the Supreme Court judgment covered issues relating to whether the OFT could assess fairness solely on the basis price or adequcy of the charges we believe you can respond to this letter pointing out that the 'level of charges' is not the only reason you are complaining about the charges.

    The arguments put forward by consumer groups and the OFT have always refered to regulation 5(1) of the UTCCR which looks at imbalance of the overall contract, and we are now looking much more at paragraph 140 of the Consumer Credit Act which considers the unfairness of the overall standard agreement with the bank.

    We believe customers can respond to the letters from HSBC, and other banks, asking them to escalate the complaint on those grounds and we are waiting for the OFT's final decision on the next moves which will be announced on Tuesday morning before advising people on the wording of their responses to the letters.

    Consumers also retain the right to take their complaint to the financial ombudsman, and we are comminucating with FOS as to the way forward on these complaints.

    Please keep an eye on the forums this week over the festive period as there will be a lot of work going on and letters and guidance clarified and posted to assist consumers continuing with their complaints.


    Last edited by Amethyst; 20th December 2009, 15:17:PM.
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  • #2
    Re: HSBC - first to reject consumers complaints on bank charges

    The Battle Goes On............ - The Consumer Forums

    And we have a live case with a letter explaining that their lawyers will be instructed to get the case terminated as well.

    Comment


    • #3
      Re: HSBC - first to reject consumers complaints on bank charges

      Snap... I got one from HSBC on friday.
      Usual we won, you lost..... go away......
      Can't wait to send something back..... so waiting with baited breathe....

      Comment


      • #4
        Re: HSBC - first to reject consumers complaints on bank charges

        I have to admit that my first reaction on reading the letter was to write one back telling them they had merely won a battle but were far from winning the war and then also inviting them to re-read the SC Court ruling which shows that the matter is far from settled.

        However, I am of the mind to wait until the OFT makes its announcement (hopefully on Tuesday) before drafting my response to send back to them. I would advise any other NSBC customers to do the same. Besides, HSBC are not likely to do anything or respond to any such letter until the New Year anyway.

        My Advice: Hang fire for the OFT announcement. We will know more of where we stand once that has been made. Also, many brains on this site and others are working on the second stage of the challenge to the unfair charges levied by all the banks, not just HSBC. We will have a very interesting response to send back to HSBC by the time they return to 'proper' work in the New Year. Their noses are about to bloodied again, and this time with renewed vigour.

        We WILL win this fight !!

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        • #5
          Re: HSBC - first to reject consumers complaints on bank charges

          I shall await my letter then, now they have begun sending them out, and respond after OFT decision.
          Luminol x

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