HSBC - Complaint rejection letter

[Luminol]

Hi all,

So heres my letter from HSBC, I have 8 weeks to respond before they consider the matter closed.

[TUTTSI]

Re: HSBC - Complaint rejection letter

Mr T

Also received his today, I will post it up latter if different from Lumi's

Tutts x

[Luminol]

Re: HSBC - Complaint rejection letter

Just getting my thread in order, adding the initial letter I sent to reclaim my charges. Everything in one place makes it easier for me.

My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 7 years.

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your charges really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £270.00 plus £42.21 which you have charged me in overdraft interest for the sum which you have taken. Total £312.21.
I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

[Luminol]

Re: HSBC - Complaint rejection letter

Hey All

I have a quick question after speaking to my OH last night (its his account).

My OH had an account, loan and Credit card with HSBC, and even after we wrote to them advising we were having financial difficulties they continued to take the Credit Card and Loan payments out of the account thus creating more charges, when they knew we didnt have any money in.

I sit worth adding a paragraph to my response letter? or will it not matter either way now that the account is closed.

Thanks Lumi x

[ed.]

Re: HSBC - Complaint rejection letter

Yes add it in, because it goes to the fairness of the account operation by them when it was live. They operated the terms, contrary to good faith (ie knowing no money was in there) in order to levy more charges which worsened your position.

[Budgie]

Re: HSBC - Complaint rejection letter

Hi Lumi,

See Ame's draft HSBC letter this morning

HSBC - sample response to Bank rejection letter - Legal Beagles

You can adapt this letter to suit your own situation.

The bit you might want to use / adapt re the payments to loan / credit card is included under "right of offset"

[Luminol]

Re: HSBC - Complaint rejection letter

Thanks Ed and Bud,

Ive drafted my letter (dated it Jan 8th), thanks Ame ((hug)), and its been sent to Hubby for printing as we speak! (I dont have a printer).

One ball rolling already! Always feel better when Im doing something rather than waiting for decisions!

Lumi x

[Luminol]

Re: HSBC - Complaint rejection letter

Just an update to my thread, have posted my letter to HSBC today.

Lumi x

[mim71]

Re: HSBC - Complaint rejection letter

Hi

Just a quick question - Is Ame's template the most appropriate one to send off in reply to HSBC's rejection letters, or are there likely to be any new templates available soon?

[EXC]

Re: HSBC - Complaint rejection letter

It's up to you really.

I would say that if it's a claim that's just with your bank rather than with the court you can use Ame's current template.

There may be some updated templates at some point but bear in mind you have to respond to HSBC's within 8 weeks.

[Amethyst]

Re: HSBC - Complaint rejection letter

ummm it's not a template, it's just a draft idea of the things you need to write....arguing the imbalance and fairness of the overall contract with the bank basically. This is the FOS so they arent looking at legal stuff, although that should be included, so much as fair treatment.

[Luminol]

Re: HSBC - Complaint rejection letter

Hi guys,

How long would you give them to acknowldege recipt of my letter, wouldnt want them saying that case is closed because I missed the 8 week deadline, Do you think I should post another one recorded delivery at the end of month?

Thx Lumi x

[Amethyst]

Re: HSBC - Complaint rejection letter

You could give them a call check they received it ?

[Luminol]

Re: HSBC - Complaint rejection letter

Thanks Ame,

I have also had a RBS rejection letter, do you want me to post it up, I will not be continuing with that one, but if you can use the info Ill post it up somewhere.

Lumi

[Amethyst]

Re: HSBC - Complaint rejection letter

yes if you have it, just do a RBS Rejection Letter thread in this forum thank u