HSBC - Complaint rejection letter

[Jester]

Re: HSBC - Complaint rejection letter

Lumi,

I sent my response to First Direct today, but sent it recorded delivery for the very reason you stated - I don't want them denying they had recived my response.

I'll let you know if I hear anything.

[Luminol]

Re: HSBC - Complaint rejection letter

Letter delivered 01/02/2010, signed for by someone with no grasp of handwriting

[dildobaggins]

Re: HSBC - Complaint rejection letter

I got this letter back from HSBC after using one of the templates on penalty charges. It was for my sisters bank charges.
Its not in the court system as the test case had just started then.



What to do now in response to this letter? any info appreciated. HSBC are scum.
Is it best to use the new amended templates in the other thread? HSBC seems to reject anything given in the templates.

[Amethyst]

Re: HSBC - Complaint rejection letter

[Amethyst]

Re: HSBC - Complaint rejection letter

Thanks for that Baggins. Will have a think over next few days.

[Amethyst]

Re: HSBC - Complaint rejection letter

I got this letter back from HSBC after using one of the templates on penalty charges. It was for my sisters bank charges.
Its not in the court system as the test case had just started then.



What to do now in response to this letter? any info appreciated. HSBC are scum.
Is it best to use the new amended templates in the other thread? HSBC seems to reject anything given in the templates.

Was this ( Penalty Charges Forum ) the letter you sent or another ? Can you give me a link I need to see what they are coming back on. So we can correct them if necessary, ther rest of the letter will be in terms of the example letter on here, we'll help you with it tho. Does your sister have all her statements and whatnot ?

[dildobaggins]

Re: HSBC - Complaint rejection letter

Was this ( Penalty Charges Forum ) the letter you sent or another ? Can you give me a link I need to see what they are coming back on. So we can correct them if necessary, ther rest of the letter will be in terms of the example letter on here, we'll help you with it tho. Does your sister have all her statements and whatnot ?

yep, it was that one.

NEW Letter before action

Letter Before Action (open Account)


[Your Address]


[Your Banks Address]


[Date]

Letter Before Action


Dear Sirs

[Your Account Number/Details]

Due to the extensive media coverage on bank charges I am now aware that you, { Banks name} have been levying charges on my account that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Regulation 5(1)of the said Regulations states the following:

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

It has been accepted that the said contract was not individually negotiated and that there is a significant imbalance in the parties’ rights and obligations. What is more, it is very evident from the recent Supreme Court Judgment on bank charges that you have acted contrary to the requirements of good faith. This is due to the fact that the Judgment indicated that the majority of consumers hit with charges are paying a disproportionate amount of the cost of the entire banking system. Quite simply, there is a massive cross-subsidy from those who pay unfair and unlawful charges to other bank customers. At no point was this information disclosed or was I given the opportunity to opt-out or object.

Should your opinion be that your terms are fair, then I reminded you that the burden of proof is on you, as the supplier, to prove that the terms are fair.

Finally, I draw to your attention the recent decision in Pannon GSM Zrt. v Erzsébet Sustikné Győrfi (Case C-243/08) were it was held that a nationals’ court on its own motion must determine whether the contract before it contains unfair terms.

I therefore require you to refund me a total of £X,XXX.XX, representing the total of unlawful charges deducted from my account during the last 8 years and I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days I will commence my claim in the court without further warning. This action will inevitably involve you in paying additional costs such as solicitor’s fees and reimbursement of my court fees.

I further request a copy of the original contract that I signed with [Bank Name] and a copy of the terms and conditions that we received at that time along with any subsequent amendments to these terms and conditions until they reflect your current terms and conditions. Also I request a detailed explanation of which clause in the Terms and Conditions that each charge had been applied against.

Yours sincerely


XXXXX

yep, have got all statements, charges etc

As it says in their response, HSBC say 6 months to respond to their letter.

[Amethyst]

Re: HSBC - Complaint rejection letter

Okay thanks Baggins

'' Also I request a detailed explanation of which clause in the Terms and Conditions that each charge had been applied against. ''

Is irrelevant now.

Why have the bank responded purely on price issues? Ahhhh

''It has been accepted that the said contract was not individually negotiated and that there is a significant imbalance in the parties’ rights and obligations. What is more, it is very evident from the recent Supreme Court Judgment on bank charges that you have acted contrary to the requirements of good faith. This is due to the fact that the Judgment indicated that the majority of consumers hit with charges are paying a disproportionate amount of the cost of the entire banking system. Quite simply, there is a massive cross-subsidy from those who pay unfair and unlawful charges to other bank customers. At no point was this information disclosed or was I given the opportunity to opt-out or object. ''

Even though it is regarding cross subsidy (which in itself isn't unlawful) it is still concentrative on price.

You need to respond using some stuff from Legal Beagles - View Single Post - Sample response to Bank to keep complaint in progress.... letter and make it a lot more personal to YOUR (well your sisters) actual circumstances. So have a look at that letter and see what you can use from the statements / experiences.

Section 140 of the CCA will only apply for charges still owing from pre April 2007 or incurred after April 2007 and still owing after April 2008.

[brr.eadline]

Re: HSBC - Complaint rejection letter

hi and GOOD LUCK!!! with your case.

I am having trouble with HSBC as well.

[catinahat]

Re: HSBC - Complaint rejection letter

Hi Lumi,

In my cynical moments (when it comes to banks, I have a few...) I suspect the 'hieralglphics' are intentional, that way, there's no name for any comeback... ;-) xxx

[Luminol]

Re: HSBC - Complaint rejection letter

Recieved letter today saying that they arent upholding my complaint various reason, I'll post it up later, they say I didnt given them any specific information, which is a lie, as I said that they'd taken out HSBC loan/credit card payments (thus creating charges) out even after they knew my OH had financial difficulties and it was blatantly obvious, Im not sure they read the letters properly.

I'll post it later, i have 6 months to escalate it so I'll take my time this time to gather up all the evidence.

Lumi x

[Luminol]

Re: HSBC - Complaint rejection letter

[Luminol]

Re: HSBC - Complaint rejection letter

Is it better to write a letter to FOS? I really need to make them understand that taking out the credit card and loan payments caused the charges, and to what end, so that they could sell it straight on to a DCA...

Ah well

Lumi x

[Amethyst]

Re: HSBC - Complaint rejection letter

On your statements look through and write up the parts, inc surrounding bits, where the loan and credit card payments were given priority over other things and where they forced you into an overdrawn position and charges etc.

Else scan those statements in and chop out the personal info (ie i dont want to know if you used your debit card at Ann Summer that week pmsl.) but I do want debit card payments, and priority stuff like gas/ electric and obviously the hsbc loan etc leaving in.

I know this sounds a bit crap, but need to confirm that it was actually happening like that or if you just felt like it was at the time.

Email me if its easier (my personal one as the admin one is still acting up )


Then yes, next option is FOS

[Luminol]

Re: HSBC - Complaint rejection letter

Thanks Ame, Im saving this job for a weekend though I want to do it right so Im gonnatake some time, I'll shout if I need ya, Anne Summers lol I wish more like Primark hehe x