HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreement.

[leclerc]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Hi,
i love you all for the responses! You are extremely helpful and giving me hope.
- I already have the SAR ready to be posted tmr morning to HSBC, the dude today said they take 40 days (?!) which I took as "we will take long enough for you not to be able to use this against us before we report the default"
- they only talk on phone in the past days so no final response from them - guess they won't put in writing that they refuse any agreement... That at least even I know is not right
With people on the phone simply state when they are being arses that you need that in writing as the Financial Ombudsman would need that. Do you record your phone calls with the bank? Worth doing if you do not.
- £1200 was the loan where they could not get the chargeback from the lender when they went after it in December: the lender sent the original agreement to them and denied receiving my letter to withdraw auth. Which I sent both HSBC and the lenders involved.
I have seen later down the page that you have proof so that nonsense is not going to sway anyone.
- I have copies of the auth withdrawing letters yes incl the post tracking, plus the lender who did chargeback to HSBC also disclosed (without any fee or delay) the case history - they even called me to discuss how they can help me when I asked them why they debited me suddenly and it turned out HSBC did this.
Oh dear HSBC are making a right hash out of this so it looks good for you at the moment
- HSBC denies I ever made offer to them, so I need the SAR to get the records incl my messages in the online banking etc that they don't give access to otherwise and I also made the offer in the complaint letter & asked for freezing interest and fees which clearly didn't happen.
Was the offer in writing/was the call recorded?
I know I messed up (I messed up when I trusted someone with my money and my home who turned on me and I messed up banking with HSBC!) And then I messed up taking the money they refunded to me tho at that point I needed it, and finally I messed up letting myself be bullied into ignorance as they would call it, for about 6 wks waiting for response to my complaint letter and not taking any of the IVR calls.

you guys gave me some hope that its not just me thinking I was handled unfairly. That dude today on the phone was absolutely ignorant telling me I just imagine and I'm wrong, what a bully. And so confident he sent me to FOS if I have anything else to say, "we cannot do anything else for you."

I think it was handled unfairly and that there was a breach of the payment services regulations and that HSBC will hate you cos you have a case as far as I can see.

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Hi Leclerc,

My offers were in writing, but in the bank's online msg system & in my complaint letter I have copy of. This is why I send the SAR.
As of now I don't talk to HSBC anymore... I let FOS send their letter and see what HSBC sends back as 'final decision' because what they told me yesterday was over the phone by some advisor only.

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

****UPDATE****

HSBC Called.

They made an extraordinary offer (I cannot even gasp how they made this to be a formal offer.)
They say they refund about £160 of fees by tomorrow to the account, and they increase the OD of the account, to cover the whole negative balance. Then - since on Monday they pushed me into an "informal agreement to stop the daily phone calls" of £151, they "finalise" this by monthly reducing the OD with the amount I pay in.

This came as "this is an exception as we really try to help, we reviewed your account..."

Also, of course, I said I need this in writing, posted to me. That is noted as "might not be possible" for this 'type' of arrangement. I simply said they are reported to FOS already, I need their response to provide update to FOS. And I repeated multiple times that I dispute the account being debited into informal OD in the first place.

The whole thing is weird at least. What do you say to this? I never ever heard of OD increase to cover a disputed amount that should not be there in the first place and then decrease the OD with the payments. Why not simply doing something like a loan??? Why do I need the acc open and OD on it... :/

Also for me it sounds like, anything so that I agree and don't dispute 1) the original payment from my account in march 2) their lateness in handling things, their ignorance to my offers etc 3) that I don't bring in the information I've gotten from 3rd party lenders that compromise HSBC. I'd like to believe in the genuinness of this... but......

[CleverClogs]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

They are trying to squeeze the toothpaste back into the tube.

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

They are trying to squeeze the toothpaste back into the tube.

OMG LOL
Tbh I really don't know what to make of it - so soon after my complaint to them yesterday and my calling FOS today.
I constantly think there's a hidden glitch I don't see (besides this 'agreement' covering up the very fact they shouldn't have debited the account in the first place.)

[CleverClogs]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

At serious risk of mixing my metaphors, it seems that they do not realise that once they have dug themselves into a hole, it might be wise to stop digging.

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

At serious risk of mixing my metaphors, it seems that they do not realise that once they have dug themselves into a hole, it might be wise to stop digging.

I am becoming a fan of your metaphors! :tinysmile_kiss_t4:
Do I need to go to FOS now to 'update' my complaint? I think I don't need to, until HSBC sends this 'offer' in writing to confirm it, including that they will NOT report lateness or default to CRA's - which with them seems impossible.
But I can see HSBC responding quickly to FOS; "but we tried to reach an agreement..."

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Just in a quick update...
The "offer" is not mailed to me (yet - I suppose it can take a bit more time so no negative undertone ...yet) - instead HSBC sent me a Welcome pack! Since I finally had them changing the £12.99/month Advance account into the free version (after about 8 months of requesting....) aaand they confirmed the £500 OD I used to have but NOT the OD that they 'offered' to cover the amount in dispute. Of course it came all kind of agreements of interests and fees that I supposedly "agreed" to when I "opened" the account.... If there was a facepalm smiley I'd use it here. Am thinking maybe I should try claim back the account fees? I have never used their travel or health insurance that comes in the pack and haven't placed a pence on the Savings account. I had an advance account cos the lady opening it talked me into it - when HSBC closed my Passport account opened in December, they mailed my UK work address while on Xmas break and though knowing I move in January to the UK, and then they closed the account due to no response, days before my salary/expenses were to be paid into it. I marched in, and they advised they can't reopen but since I have now a resident address they recommend the Advance acc - to aim at financial stability!

Also I must add, the phone harassment from HSBC stopped with that "offer" - they made no call attempts since. Something tells me they'll go silent on me again.

[leclerc]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Just in a quick update...
The "offer" is not mailed to me (yet - I suppose it can take a bit more time so no negative undertone ...yet) - instead HSBC sent me a Welcome pack! Since I finally had them changing the £12.99/month Advance account into the free version (after about 8 months of requesting....) aaand they confirmed the £500 OD I used to have but NOT the OD that they 'offered' to cover the amount in dispute. Of course it came all kind of agreements of interests and fees that I supposedly "agreed" to when I "opened" the account.... If there was a facepalm smiley I'd use it here. Am thinking maybe I should try claim back the account fees? I have never used their travel or health insurance that comes in the pack and haven't placed a pence on the Savings account. I had an advance account cos the lady opening it talked me into it - when HSBC closed my Passport account opened in December, they mailed my UK work address while on Xmas break and though knowing I move in January to the UK, and then they closed the account due to no response, days before my salary/expenses were to be paid into it. I marched in, and they advised they can't reopen but since I have now a resident address they recommend the Advance acc - to aim at financial stability!

Also I must add, the phone harassment from HSBC stopped with that "offer" - they made no call attempts since. Something tells me they'll go silent on me again.

Were those requests in writing cos if they were then perhaps a refund of those fees as well are worth pursuing

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Hi,

Am I the only one whose complaint the FOS completely altered? I mean, the summary they have sent me is not even close to what I complained about e.g. the part I withdraw authorisation is completely missing...
Still, they say if I don't get response from HSBC within 8 weeks or if I am not happy with the HSBC response I shall file all relevant documentation with a complaint to them (the FOS)

[leclerc]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Hi,

Am I the only one whose complaint the FOS completely altered? I mean, the summary they have sent me is not even close to what I complained about e.g. the part I withdraw authorisation is completely missing...
Still, they say if I don't get response from HSBC within 8 weeks or if I am not happy with the HSBC response I shall file all relevant documentation with a complaint to them (the FOS)

Tell them that the key component to the issue is failure to adhere to the payment services regulations 2009 on the basis that you withdrew your consent and as a result of them failing to follow that withdrawal that they paid out monies to people they should not have and added fees to the account with interest directly in contravention to the regulations which require them to repay any amount taken under the PSR's and to refund any associated fees and charges as well. I would make sure that the PSR 2009 withdrawal of consent is part of that complaint because otherwise you cannot use "new evidence" after they have given their final decision to you.

[CleverClogs]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Am I the only one whose complaint the FOS completely altered?

No, as that is a method commonly used by the official Fobbing Off Service.

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Thank you!!! I will send a written adjustment to the FOS including a copy of the withdrawal letters and also the emails from the lender who provided info and HSBC's letters. Lol they wrote I should do this after final response from HSBC... I won't wait.

Where I come from, the word 'fos' means something absolutely different from 'Financial Ombudsman Services' or even Fobbing Off.... basically a commonly used slang word to human faeces.
So it is somewhat hard to use their abbreviation even without them messing up - I hope they aren't tempted to live up to that meaning of the 3-letters they are called.

[QueenAnne]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Hi,

It's me crying for help...

Apparently HSBC - despite what I was told on the phone - now reported to all three credit agencies a "3" for last month on the account: They dropped the "debt" on the account in March and for March and April it's in "OK" status, in May it's "Either the payment due wasn't made for 3 months, or the account is 3 months in arrears." - it's not even 3 months they dropped it on me, but only 2.

I smell the shitty smell of revenge even. Obviously I need to complain...

I suppose in my update to the ombudsman I may as well include they made me the promise they will NOT damage my credit report and so on, and then when I said I already reported them and so I need their "promise" in writing to provide FOS with, they seemingly do the exact opposite: Don't put it in writing but damage my credit report.
I went from 633 to 540 for lenders both with Equifax and CallCredit - thank goodness this is not public info yet so my employer cannot run into this during their background checks - or CAN THEY???

Guys please give me some hope... please :tinysmile_cry_t:

*edit : I will put in a notice of correction that the account is in dispute, with all agencies... I guess, is that worth it even?

[bluebottle]

Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

Hi,

Am I the only one whose complaint the FOS completely altered? I mean, the summary they have sent me is not even close to what I complained about e.g. the part I withdraw authorisation is completely missing...
Still, they say if I don't get response from HSBC within 8 weeks or if I am not happy with the HSBC response I shall file all relevant documentation with a complaint to them (the FOS)

If the complaint you lodged with FOS has been altered by them to give an entirely different slant to it and one that is favourable to HSBC, that needs investigating. From what I have read in this thread, it appears HSBC have become so arrogant and cocky, they are making one blunder after another and they are not very good at trying to bluff their way out of it. In my experience, this tends to happen when someone has been getting away with stuffing others and becomes overconfident - that is when they start making mistakes which eventually lead to them getting caught and called to account (No pun intended.).

Leclerc has far more experience and knowledge of the workings of the banking industry than I have and I bow to that. My background is in Criminal Law and I have dealt with cases where bank customers have suffered loss due to the misfeasance of bank employees and their employers. I have come across cases where banks have messed about with customers' accounts in order to cover up blunders, which is stupid, really, because those responsible will be caught, eventually, and, in many cases, the cover-ups not only breach banking regulations, but amount to breaches of the Criminal Law, also.

I sincerely hope your case can be dealt with within the ambit and scope of the banking regulations, but do not rule out that the idiots at HSBC may have been so stupid that their actions fall outside the jurisdiction of the FOS and result in you having to make a Statement of Complaint or Witness Statement to the plods.