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What would be my legal grounds here please?

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  • What would be my legal grounds here please?

    Hi,

    I paid a US Dollar cheque into my HSBC account. They lost it.

    They told me they could not help me with any kind of emergency loan/funds (the 3,000 worth of the cheque was needed to go on holiday).

    Repeatedly told me they had lost the cheque.

    By the time I got a new cheque from the USA, the flights had been used and the holiday was ruined.

    Then the cheque ended up being found. They lied about this for two weeks, despite a member of staff telling me they had found it (they did not know this staff member inadvertently gave me the information), and only admitted they found it after they found out I had been told.

    Pursued them for 1,600 in compensation for my ruined trip. They refuse point blank to compensate me above 100.

    What can I sue them for please?
    Last edited by Drew32; 5th August 2022, 09:30:AM.
    Tags: None

  • #2
    a) First thing is send them a SAR, they have 30 days to provide all the information on the account. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    b) Ask them to reconsider, ask them to send you a final response / deadlock letter, that can take up to 8 weeks. If you still aren't happy, you can then take the complaint to the Financial Ombudsman Service. It's a free service to you, but HSBC has to pay the FOS to look into your Complaint.

    https://www.financial-ombudsman.org.uk/

    Typo in your post 1.00 instead of 1,000.


    Comment


    • #3
      Thank you echat11 I have the DSAR already, which proves the above. They have also sent me Ombudsman rights.

      I want to litigate, not use the Ombudsman. So what would be the legal grounds?

      Comment


      • #4
        Originally posted by Drew32 View Post
        Thank you echat11 I have the DSAR already, which proves the above. They have also sent me Ombudsman rights.

        I want to litigate, not use the Ombudsman. So what would be the legal grounds?
        The thing is, the Courts should be seen as a last resort, so the Court will want to see what avenues you've taken to resolve the matter.

        Why haven't you complained to the FOS etc.

        Comment


        • #5
          I have used the Ombudsman twice before and it was useless. No teeth.

          So would appreciate help formulating my legal argument?

          Comment


          • #6
            The first thing you need to do, is follow pre action protocols.

            Write to the bank, send them a Letter Before Action. There are quite a few examples on the net. Make sure you keep Proof of Postage.

            You would make a claim against the bank in the Small Claims Court, under BCOBS.

            Read the following :-

            https://www.handbook.fca.org.uk/hand.../?view=chapter

            https://informationtips.wordpress.co...-help-you-sue/

            Comment


            • #7
              Originally posted by echat11 View Post
              The first thing you need to do, is follow pre action protocols.

              Write to the bank, send them a Letter Before Action. There are quite a few examples on the net. Make sure you keep Proof of Postage.

              You would make a claim against the bank in the Small Claims Court, under BCOBS.

              Read the following :-

              https://www.handbook.fca.org.uk/hand.../?view=chapter

              https://informationtips.wordpress.co...-help-you-sue/

              Okay. Thank you. I would like to identify the legal argument in my letter before action. Please can you advise what it would be?

              Comment


              • #8
                How did you arrive at the 1,600, are you able to evidence those losses?
                If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                Comment


                • #9
                  rob yes, it was the wasted flights and accommodation costs.

                  Comment


                  • #10
                    Were the bank aware when you deposited the cheque that you were relying on it to pay for your holiday?

                    Comment


                    • #11
                      Des nope.they were when I chased it up after sending it a week later. Before they lied about having it. Cheque cancelled between their lie and my finding out they actually had it.

                      Comment


                      • #12

                        Sorry, meant des8 - see above - bank did not know I was relying on the cheque funds for my holiday when I deposited it. Nope. But they were aware what the money was earmarked for when I chased up where the cheque funds were, a week after I sent it. They were therefore aware BEFORE they lied about having it. Cheque was then cancelled, between their lie, and my finding out they actually had received it.

                        Comment


                        • #13
                          I read through the FCA handbook, still at a loss as to the precise legal claim.

                          I am guessing that it is breach of statutory duty. I have a right to expect a certain level of service and due diligence/capability. If my bank loses my cheque then something has gone badly wrong and it is not fair - it is outside the expectations of how my bank runs its affairs and shows the banks infrastructure on this occasion was not fit for purpose. Claimant suffered material losses as a result, and the amount of those losses were compounded by the bank lying to the claimant and making things much worse, when they could have, and should have, made amends by taking ownership of the mess and endeavouring to do the right thing.

                          Comment


                          • #14
                            Consumer Rights Act 2015 (CRA 2015) requires services contracts to be carried out with reasonable care and skill within a reasonable time.
                            However its remedies do not include damages for losses which were not in the knowledge of both parties at the time.

                            IMO you will have problems obtaining compensation at the level you seek, but others might well have different opinions and post accordingly.

                            Comment


                            • #15
                              Will a Judge know about / have access to the Consumer Rights Act and the BCOBS (Banking: Conduct Of Business Sourcebook) literature/rules?

                              I'd rather not have ot print them out and mail them.

                              Comment

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