HSBC & lack of safeguarding vulnerable customers

[AngelFace]

Hello
I'm trying to prove the HSBC failed to protect a vulnerable relative's monies held in her accounts in 2007 and have been trying to get hold of any HSBC UK related literature for late 2006/early 2007, especially personal banking T&Cs, setting up an account etc. Does anyone have any such documents to share please?

[Huxie]

Attached (if it works) are T&Cs from December 2006.

[AngelFace]

Thank you! That's very kind of you. :-)

[AngelFace]

There are a few issues with the HSBC, one being them having set up a joint account with a vulnerable person who lacked capacity and they either misled them into signing the application form or forged their signature. Either way, the vulnerable person ended up having over Ł100K of their money taken from it, without their knowledge, them allegedly having signed to say they did not want a bank card, cheque book or to receive any statements and the bank used 'manager's discretion regarding verifying their ID on the account application form when the account was opened. The monies paid in were removed and the account emptied within 4 months! It is my view thar the bank is liable for failing to safeguard their money by not asking questions, not checking ID (as an incorrect address had been deliberately enrered on the applicarion form for the vulnerable person, aas the other person who went on to clean the account out, didn't want the bank to know the vulnerable person had gone to live in a nursing home). I need to show/prove the HSBC was at fault and am hoping some information in that document will help.

I am shocked that the bank never questioned anytthing, particularly with the large sums being removed from the account so quickly. .

[Pezza54]

Is the Local Authority now funding the nursing home?

When one joint account holder loses mental capacity the joint bank account should be closed by the bank (different in Scotland)

If you are right, the person who became a joint account holder in 2007 when the first vulnerable account holder lacked the mental capacity to understand the implications of changing their sole account into a joint account, the bank is responsible for this error

Proving the vulnerable person lacked mental capacity in 2007 is going to be difficult.

[AngelFace]

Thanks for your response.

She lacked capacity when the account was set up, which is well documenred in her NHS, SS and council run nursing home notes. False information re her address was put on the joint account information ie not the NH address where she lived and only he had access to the money in the account, which he emptied.

[AngelFace]

I meant false info ie address was put on the joint application form, by the relative who set the account up and cleared out what he'd sold of hers and put in there!

[Pezza54]

If the vulnerable person (or their estate if they are deceased) is successful in claiming back money lost from the joint account, the LA if they are or have funded the nursing home, may want to claim back these funds under deprivation of assets.
If the vulnerable person has been in a nursing home since 2007 this could amount to many ŁKs