**** SUCCESS ***** Have a Stay Lifted or FOS?

[TUTTSI]

I have just received a letter from HSBC:

".... your claim has been passed to our specialist team for review, as it is always important that attempts to address financial difficulties are made as soon as possible. Unfortunately, we have been unsuccessful in our attempts to contact you at the telephone. We shall be pleased if you will tehrefore arrange to contact us on ...."

I'm a bit hesitant about telephoning as there is no record. Shall I telephone?

Upto now I would have agreed with you with regards to phoning HSBC - my hubby refused to phone them and they now use the excuse that he never responded and he never got paid. I know someone here on the site in the last few weeks got a refund on hardship from HSBC and that was because he phoned them and they agreed on the phone about his situation.

They may just want to ask a few more questions - in this vain I see no reason not to call them as it is in your interest to obtain a whole or partial refund of your hardship claim.

I know I am not agreeing with Wendy and Mochamoo at this time and they are right with keeping everything in writing. But in this instance it is not helping your own case. If you can record the telephone conversation and tell them that is what you are doing that should stop them from denying or changing their stance in any way.

Keep us informed of your progress.

xx
http://www.legalbeagles.info/forums/...ad.php?t=15554
take a look at this for Mortgage charges reclaim.


ps

[Budgie]

Re: Have a Stay Lifted or FOC?

Some good advice from other posters Johnsosu.

Personally I see NO problem in giving them a call, just do as suggested and do not agree to accept anything that they might offer during the phone conversation. Ask them to put it in writing ( email is Ok as it will speed up matters ).
If you feel at all uncomfortable during the phone conversation just tell them that you do and that you would prefer them to continue matters in writing rather than over the phone.

In past hardship cases the "telephone call" has usually always been an indicator of matters nearing a conclusion.

Come back to us on here if you need to discuss anything that they may request or offer.
Fingers crossed and good luck.

Budgie

[TUTTSI]

Re: Have a Stay Lifted or FOC?

I found the HSBC case that was recently settled http://www.legalbeagles.info/forums/...light=tafflaff

[WendyB]

Re: Have a Stay Lifted or FOC?

I know I am not agreeing with Wendy and Mochamoo at this time and they are right with keeping everything in writing. But in this instance it is not helping your own case. If you can record the telephone conversation and tell them that is what you are doing that should stop them from denying or changing their stance in any way.

Keep us informed of your progress.

xx
http://www.legalbeagles.info/forums/...ad.php?t=15554
take a look at this for Mortgage charges reclaim.


ps

I wasn't saying not to phone, I was just saying that if you do phone just make sure you have a plan, like Budgie hs said above. I personally pnone people all the time, especially if its in my best interests lol. I only demand they keep everything in writing if they are chasing me - if I'm chasing them I have the phone glued to my ear!!

[Mochamoo]

Re: Have a Stay Lifted or FOC?

Lol I thought I was saying give them a call just dont agree to anything on the phone... lol lost in translation.

[natweststaffmember]

Re: Have a Stay Lifted or FOC?

I have just received a letter from HSBC:

".... your claim has been passed to our specialist team for review, as it is always important that attempts to address financial difficulties are made as soon as possible. Unfortunately, we have been unsuccessful in our attempts to contact you at the telephone. We shall be pleased if you will tehrefore arrange to contact us on ...."

I'm a bit hesitant about telephoning as there is no record. Shall I telephone?

John, they cannot shut your account as they are not allowed to under the FSA waiver on hardship, they cannot make it a full and final settlement of the claim either. I think everyone else has said what I wanted to say with regards to the rest. Call them, make a note down of the person you are speaking to, and ALWAYS ask for written confirmation of any offer that is intially agreed and ask for a timescale to receive any offer in writing. Why wait for an offer that they may not send. And Tell us what happened cos we are nosey

[johnsosu]

Re: Have a Stay Lifted or FOC?

First of all, thanks to everyone for their opinions yesterday - very much appreciated.

I have to say that I was a little nervous about telephoning. Funnily enough I don't believe their blurb that they are there to help! All they wanted was more information on "income and expenditure" i.e. did I live alone, did I have any other arrears (I mentioned the £2.5k to the Inland Revenue and £3.5k service charge arrears - would these be taken into consideration?), how did I come into financial difficulty (my business folded). It was suggested that when I said I spent between £40-£50 a week on food that I should try and get this down to no more than £36.

The upshot of the 19 minute conversation (much of it on hold) is that their Financial Hardship Team would call me in a week. When I pushed for a more precise timescale, I was told no later by the end of next week.

Has this got me any further towards a positive outcome?

[Paule]

Re: Have a Stay Lifted or FOC?

Well you know your claim is moving through the system now they have the additional info.
You have given them a genuine reason for your hardship which will help your case.
If you have told them of other arrears these should then be logged onto your case file, which should also demonstrate hardship

PKea

[johnsosu]

Re: Have a Stay Lifted or FOC?

I have just had a call from HSBC (saw I had two missed calls yesterday from the same number). I am told they consider my claim to be hardship (I started laughing – you think?!). My claim is for £1,282.50 plus £483.63 current interest. HSBC tell me from their print out the total charges are £997.50 which they are prepared to offer and would I like an acceptance offer sent out to me in the post which I declined. I have asked for the print out detailing the charges sent to me which will take a few days. He doesn’t have the print out available to email to me as it comes from another department (which seems strange as he said he could read them out to me).

What normally happens with the interest if an offer is accepted? If their total charges amount turns out to be correct will HSBC expect the offer of £997.50 to be a full and final settlement? Have to say £1k would make my mortgage company very happy (not to mention me).

He has left his full name and contact number with me and we have agreed to speak once I have received their print out.

[WendyB]

Re: Have a Stay Lifted or FOC?

Well, thats not a bad offer. 77% if you work it out on the charges alone, 56% if you work it out as a percentage of the total including interest. Not sure about the interest though, having a blonde moment. Although that interest figure seems a bit high to me, how have you worked it out. Its not a bad offer at all, IMO, but only you can decide whhether to accept it.
No, this would not be in full and final settlement and would not preclude you from claiming the rest of the charges when the waiver etc is finally settled, if there are any charges left. If, however it turns out that their figure is correct, then I would say its a bloody good result and grab it with both hands!!
Again, I'm not sure about the interest element, but am sure someone who knows will be along soon.

Well Done xx

[johnsosu]

Re: Have a Stay Lifted or FOC?

I too feel £1k is better than a kick in the pants and would go a long way to soothing the savage beast known as GMAC. I used the bank charges interest calculator on the Money Saving Expert website. My charges do date from 2001. Maybe I have miscalculated using charges more than six years old. Will see what their print out shows me. If it is not a final settlement, then I am thinking I should accept.

[TUTTSI]

Re: Have a Stay Lifted or FOC?

I think it is not a bad offer Jonsosu, £1k to help with your debts now must be a relief and don't forget the balance will come after the test case.

Are they sending their print out of the charges for you to check! or will you just accept, what they said!

All the best

xx

[Budgie]

Re: Have a Stay Lifted or FOC?

I suspect they have offered to repay all charges from July 2002 to the present.
July 2002 is six years prior to the date of the test case starting.

Stick to your guns johnsosu and wait until you receive their print out or give them a call tomorrow and ask how they have calculated the figure they have offered to you. Also ask them to confirm that they are not expecting you to accept this as a full and final payment and that they will abide by the terms of the FSA Waiver and will pay you any additional amounts that are due to you in terms of older charges and also any interest that may eventually be determined as payable to you as part of the overall test resolution.

To be honest, I suspected that some of the banks might start trying to do this sort of thing after the appeal court result last week. They may try to hoodwink you into signing a full and final acceptance letter. Basically it wouldn't be worth the paper it was written on but most people who signed and returned such an acceptance form probably wouldn't bother to chase the Bank for the remainder of their settlement once the test case has finished and Ifeel that is what the banks may be banking on.

It is of course your own claim and only you can decide how to proceed. Personally, I would push a little bit more and see if you can get them to settle your entire claim NOW or at least ALL of the charges ( inc the pre six years ones ). That would just leave the interest situation to be resolved after the test case is resolved.

However, if you decide to accept what they have offered at the moment then thats fine and dandy.

[hoops-morton]

Re: Have a Stay Lifted or FOC?

Can they do that , even if your claim has been in place and put on hold to await the result of the test case? Surely it should be considered from the date the charges started accumulating?

[johnsosu]

Re: Have a Stay Lifted or FOC?

A week later and no print out from HSBC. Called today and apparently in the post yesterday. So much for it being sent out urgently. How can a business be allowed to operate in this manner? Can I just clarify a few points. My first charge I am claiming is 28 September 2001 up to 12 January 2005 when HSBC closed my account. My claim through the county court was made in August 2008. Can I claim charges from 2001? Secondly, when I claimed in August 2008 the interest was £321.10. I assume interest continues to accrue until full settlement?

Kiki