Help Needed

[borgbaiter]

hi

just checked my POC after the supreme court thang. im horrified to see all i have is penalty charges as common law in it. this is clearly not a good place to be. should i address this now or await the developments.

additionally i was with hsbc from when it was midland bank. it clearly states in my terms and conditions "you must always keep your current account in credit unless we have agreed an overdraft with you" it further says "You must not go over any overdraft limit that is agreed with us unless you get our agreement first"

these sound very unlike the modern terms and conditions saying you can ask for and informal overdraft blah blah blah.

i dont believe these t&c were in the test case.


any advise or help or opinions gratefully accepted.


Borgaiter

[Sapphire]

Re: Help Nedded

Just take some time out and wait for a while, there are people working on this and should have more ideas in a week or so.

[Budgie]

Re: Help Nedded

As Sapphy has already said please just hold fire for a bit, no need to do anything at present. But let us know if you receive any communication from the Court or HSBC.

Am interested in the Midland Terms and Conditions, any chance you can scan and post up. It's unilkely the terms can be deemed as potentially penal unless they directly link the breach with the penalty in a contrctual sense. But if you can scan and post up I owuld be pleased to check for you.

As a side issue I too have an old Midland account ( from 1990 ish ) upon which I had quite a lot of charges so it would be interesting to have a look at this issue.

hi

just checked my POC after the supreme court thang. im horrified to see all i have is penalty charges as common law in it. this is clearly not a good place to be. should i address this now or await the developments.

additionally i was with hsbc from when it was midland bank. it clearly states in my terms and conditions "you must always keep your current account in credit unless we have agreed an overdraft with you" it further says "You must not go over any overdraft limit that is agreed with us unless you get our agreement first"

these sound very unlike the modern terms and conditions saying you can ask for and informal overdraft blah blah blah.

i dont believe these t&c were in the test case.


any advise or help or opinions gratefully accepted.


Borgaiter

[borgbaiter]

Re: Help Nedded

hi

my account opened april 1994. found these on the internet (1996). ive checked them with the ones hsbc sent me (after many requests) they seem identical. It may be they sent me the wrong ones by mistake or deliberately.


Borgbaiter

link
http://www.scribe-computers.co.uk/we...6_HSBC_T&C.pdf
let me know if the link fails

[borgbaiter]

Re: Help Needed

hi am i rite in thinking the new line of attack is about good faith? if it is and with what was said in the supreme court judgement 7.9 clearly shows a lack of good faith


7.9 As well as charging interest for unauthorised overdrafts, we may also charge a fee to cover the cost of administration involved (see the relevant price list)


clearly cross subsidising isnt a cost of administration.


anyone got any idea about the laws of misrepresentation? been a very long time since i did law at uni. seem to remember there was innocent and somthing else missrepresentation. no idea what the other was called but i know there was tort element meaning you could recover costs from a missrepresentation


Borgbaiter

[Amethyst]

Re: Help Nedded

hi

my account opened april 1994. found these on the internet (1996). ive checked them with the ones hsbc sent me (after many requests) they seem identical. It may be they sent me the wrong ones by mistake or deliberately.


Borgbaiter

link
http://www.scribe-computers.co.uk/we...6_HSBC_T&C.pdf
let me know if the link fails

Hope its okay have saved those and uploaded them to the terms and conditions library for future reference. Thanks borg.

[borgbaiter]

Re: Help Needed

your welcome :-)

im happy to help anyway i can

[borgbaiter]

Re: Help Needed

hi

came across the 2004 hsbc terms and conditions on my system, still has some reference to administrations costs in it (around 7.10).

i have under my desk a whole archive box file (approx 4 reams of paper worth) from hsbc from my SAR's requests. i should think it has every consievable midland and hsbc letter in it somewhere but i havnt had the time to look thro it and its definately too much to scan :-S. amazing amount of paper for a tenner :-)


http://www.scribe-computers.co.uk/we...bc%20t%26c.pdf

let me know if the link doesnt work, feel free to help yourselves.


Borgbaiter

[borgbaiter]

Re: Help Needed

found a couple more bits that show changes to account t&cs's


http://www.scribe-computers.co.uk/we...T&C_-_part.pdf


http://www.scribe-computers.co.uk/we..._-_changes.pdf

Borgbaiter