First Direct (HSBC) Reponse to latest letter

[Jester]

OK. As you all know, I used Ame's template as the basis for responding to First Direct's assertion that following the SC ruling they have no case to answer. Attached here is the response I today received from First Direct.

Comments more than welcome as is advice to my next step. I have still heard nothing from the court (as this is a Stayed County Court Claim). Will be chasing the court up on this also.

[Amethyst]

Re: First Direct (HSBC) Reponse to latest letter

So basically it comes down to further particularising instances of unfairness which relate directly to your own situation. Original letter sent is Legal Beagles (apologies is in VIP area as contains personal stuff but is based on the example letter in this forum)

Competition Act I agree with them on. Think we'll ditch that (not just from this letter btw I have been looking into it a lot lol)

Interesting that they seem to be putting the 'multiplying of charges' as an argument over the level of the charges - I suppose multiple charges is what creates the price ??

I think we need to term the argument better - its not that the charges are too high, but that there are mulitple charges - not that increases the price but that they are charging you lots of times for the same thing ?

Going to find your original claim for hardship am sure theres stuff in that we can use.


In your letter - '' First Direct has total control over what payments are made and to whom, with First Direct always being the principal benefactors.'' was there anything like a loan/c/card held with FD/HSBC which they paid in preference to other bills ? might strengthen that argument rather than just relating to charges.

On the misrep part they havent really got the point of the argument. You havent stated they WERE penalties you have stated that they presented them to you as penalties. In legal effect they may not have been penal but they told you they were and you made decisions based on that. Whether those decisions based on that belief were actually detrimental to you I don't know, and that I think is what you have to show.

This bit '' I also further fail to understand why it would cost £15 to send such a computer generated letter that requires no human intervention whatsoever.'' is solely based on level of price and so irrelevant (according to the SCoJ)

Are there any instances where you ASKED for an agreed overdraft - were turned down - then found the bank had given you an unauthorised one by virtue of paying DDs rather than bouncing them ? I think that would be a good illustration too.


Also they quote the OFT giving up the fight because of no generic challenge under CCA. You are not claiming generically - but on your own circumstances - so again thats a point which you need to particularise specifics from your account history.

[MIKE770]

Re: First Direct (HSBC) Reponse to latest letter

Probably similiar response I will receive soon, although a couple of extras I put in .

[MIKE770]

Re: First Direct (HSBC) Reponse to latest letter

Probably similiar response I will receive soon, although a couple of extras I put in .

Got my similair respose. what next?

[Jester]

Re: First Direct (HSBC) Reponse to latest letter

Yes, I am also unsure as to what the next step is, especially given that I still have the court proceedings in place against them.

Mike - I noted on your thread that you have emailed an escalation of your complaint to the FOS. Am not sure at this point what they can do. Can you elaborate what you hope to achieve by this ?

Ame - Agreed that they not answered, or misunderstood, the new points I brought up in my letter to them. I have also read your post today in regards to CCA. But am really not sure what/how to employ them in my arguments (still seems a grey area to me). I am well prepared to continue this fight, but at this moment in time do not understand what my options are.

Apologies for the delay in answering my own thread. But I am up to my neck in work at the moment and really don't have sufficient time to spend trawling the forum here at the moment.