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I have been sent a 'Statement of Means'

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  • I have been sent a 'Statement of Means'

    Hi Everybody,

    For quite a while now I've been trying to claim back charges from HSBC.

    About a year ago I returned to work from a very long period of serious illness. When I knew about this, and the obvious financial difficulties I was facing, I spoke to HSBC to tell them. I thought this would be the responsible thing to do.

    Unfortunately I was quite suprised by the reply. My local branch didn't deal with things like that and instructed me to call the helpline they have for difficulties. I called up and was greeted with the usual non-English speaking operator. It was suggested that I get a part time job to pay back my overdraft at at least £10 a month otherwise they would not help me. Asking how I was supposed to get a part time job whilst seriously ill, I got the same reply, you have to get a job and pay something.

    After a cheerful letter to their complaints department saying that I thought this was absolutely disgusting treatment, I was given a goodwill gesture paid directly in to my account of some of the charges. This took my overdraft to within the allowed £250 limit.

    In the meantime I opened up a basic account with Nationwide which I have kept perfectly well.

    I should point out that at the time I was being paid incapacity benefit and part of my complaint was also that they had taken charges out of this, which I believe to be against the rules?

    Since all this, they took away my debit card and withdrew my overdraft facility, telling me I had to repay it. I said no as it was made up of charges and that I wanted the case looked at due to hardship.

    They refused to send me a hardship form unless I phone them, which I refused to do as I wanted everything in writing. Stalemate!

    Then today after a few of the usual 'give us money' letters that I ignored, low and behold a letter from HSBC drops on my mat with a FINAL DEMAND for the now £294.55 (gone up a tad from £250) unless I fill in the enclosed STATEMENT OF MEANS form and send it back within 18 days.

    I seem to be getting somewhere

    I should also add that just over two months ago I was made redundant and so am suffering significant financial hardship at the moment, I've gone from £1400 a month to Job Seekers pitiful £250ish and no help with rent as I live with my Mother.

    Anyway, my main question after the rambling is about the form. At the bottom of the first page it asks how much you agree to repay. I fill this in with £ONE monthly, as I feel this is a token gesture and even then more than I can afford.

    The bit that really riled me though is the bit that asks if I have a car and if YES, what is the Make, Model, Registration Number (!!) and Value. There's no way I'm filling that in, and I don't see why I should or why they need it unless they are going to try and get me to sell my car? Can they do that?

    Also once I'd filled the form in, I realise that this isn't really a hardship form is it? They're just trying to scare me in to making a commitment to pay the money back? I am loathed to pay them anything, as I think they owe me more than the amount of the overdraft (I'm sorry I can't remember exact figures off the top of my head).

    Any pointers please??
    Mark.

    Claims in progress:
    Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
    AA Loan - Claiming unfair charges, waiting for CCA..
    AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
    Vanquis - Claiming unfair charges, waiting for CCA..

    The clock is ticking!

  • #2
    Re: I have been sent a 'Statement of Means'

    Pointers would be as follows:-

    1. File your claim as one of hardship using the guidelines on this site. Hardship Claim Successes - Legal Beagles

    2. You need to find out the exact amount owed to you in charges. You do this by sending a Subject Access Request.

    3. I do not see why, just because you live with your Mother that this renders you unable to file a hardship claim due to not having any primary debts. Presumably you pay her something to live there and rent is a primary debt. I'm sure your Mother would not throw you out onto the street, but it is not up to HSBC to pick and choose how to apply the rules.

    Comment


    • #3
      Re: I have been sent a 'Statement of Means'

      Sorry I wasn't very clear, I just meant that I am not entitled to any other benefits like Housing because I live with my Mother.

      I have the list of charges and the part that they have refunded somewhere, I just didn't have it to hand when I wrote the post (as I realised halfway through).
      Mark.

      Claims in progress:
      Cahoot - PPI and charges, have agreed to refund PPI and interest! Have put charges on hold..
      AA Loan - Claiming unfair charges, waiting for CCA..
      AA Credit Card - Claiming unfair charges, have offered difference, waiting for CCA..
      Vanquis - Claiming unfair charges, waiting for CCA..

      The clock is ticking!

      Comment


      • #4
        Re: I have been sent a 'Statement of Means'

        Right ok, I'm with you now.

        I would file your hardship claim using the advice in the link I gave earlier - it works.

        Comment

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