HSBC defy Waiver (Adele v HSBC)

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

amended accordingly

anyone fancy knocking up the complaint to oft & fsa ?

I don't mind having a bash but won't have time until this evening.

[enaid]

Re: HSBC defy Waiver (Adele v HSBC)

I don't mind having a bash but won't have time until this evening.

I didn't do the FSA , can you explain exactly what they can do about complaints?

[Amethyst]

Re: HSBC defy Waiver (Adele v HSBC)

They cant do anything about individual complaints, but they are dealing with waiver breaches. I think we have a current FOI in with them for details on the complaints on waiver breaches. If they receive lots then they WILL act and force the companies to comply with the waiver in the public interest. The waiver is only granted on condition the companies comply, if the companies dont comply there are good grounds to revoke or modify the waiver,.

[enaid]

Re: HSBC defy Waiver (Adele v HSBC)

They cant do anything about individual complaints, but they are dealing with waiver breaches. I think we have a current FOI in with them for details on the complaints on waiver breaches. If they receive lots then they WILL act and force the companies to comply with the waiver in the public interest. The waiver is only granted on condition the companies comply, if the companies dont comply there are good grounds to revoke or modify the waiver,.

Thanks Ame x

So same as OFT basically, wont disclose info about complaints, act on individual complaints, but when they feel they have enough complaints about a certain company they will then do what they can, which at present seems very limited IMO.

[Amethyst]

Re: HSBC defy Waiver (Adele v HSBC)

Aye, but if you dont complain they cant do anything cause they don't know like.

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

I didn't do the FSA , can you explain exactly what they can do about complaints?

It wouldn't be a complaint as such, but rather reporting an incident of breaching the waiver. I've had numerous assurances from the FSA that they would look at any evidence of this kind.

[enaid]

Re: HSBC defy Waiver (Adele v HSBC)

It wouldn't be a complaint as such, but rather reporting an incident of breaching the waiver. I've had numerous assurances from the FSA that they would look at any evidence of this kind.

Well if your doing a little note as such, can I copy?
:tinysmile_kiss_t4:

[scoobydoo]

Re: HSBC defy Waiver (Adele v HSBC)

Can we include Dougal on any complaint - after all we have the court ruling that he is a hardship case - his house is still at risk and he has not been paid anything yet?

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

Nelly of course and I might even ask you to submit the FSA one yourself as they don't listen to me.

Scoobs good idea but I think we should do it seperately as the more reports the better.

Ame re Adeles's letter and writing to the FSA I think it would be better if we could include some documentation that substantiates that the value of the debt is wholly made up of bank charges. Do you you have anything that fits the bill?

[enaid]

Re: HSBC defy Waiver (Adele v HSBC)

I will submit it myself Exc I am just not too hot on the letter writing stuff
Thanks x

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

Can anyone link me to the OFT guidlines about not pursuing a debt on a disputed account so I can do the letter?

[Curlyben]

Re: HSBC defy Waiver (Adele v HSBC)

here you go: http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[enaid]

Re: HSBC defy Waiver (Adele v HSBC)

From OFT 664 document

2.6 f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
2.6 h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment
2.6 c. refusing to deal with appointed or authorised third parties, such
as Citizens Advice Bureaux, independent advice centres or money
advisers
d. contacting debtors directly and bypassing their appointed representatives
2.6 i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
2.6 k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.
From Section 40 of the Administration of Justice Act 1970

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress, or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

Thanks guys

[EXC]

Re: HSBC defy Waiver (Adele v HSBC)

Mmm I'm not sure the waiver conditions actually cover those not in financial difficulty. Is Adele claiming hardship?

14. Whilst this direction is in force, the firm has agreed with the FSA to have regard to its obligations under the general law and the provisions of the Code relating to relevant charges complaints (even if the firm is not a subscriber to the Code).
15. When dealing with complainants in financial difficulty, the firm should consider the following steps in respect of the period during which they are assessed as being in financial difficulty:
(a) the firm might waive future unauthorised overdraft charges; and
(b) the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.