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

[QueenAnne]

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

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.

Thanks for this!
TBH, last year I won a court case against someone who tried to disappear with my money - I may be scared as hell but I never back down (that at least never happened before.) If we end up on court so be it.

That said, any response to my last update? Re HSBC now obviously going against what they tried to silence me with, realising that when they made their last attempt I already reported them.... maybe the completely different FOS "complaint summary" made them feel so overconfident....
I send to FOS even copies of the post slips of tracked delivery from my authorisation withdrawing letter on 20 sept 2012. And I send copy to HSBC, attached to my complaint about how they "report" to "advise other lenders" about my account...

BTW - to be fair and accurate: They increased the OD on my account to cover what they dumped on it, like the guy said on the phone (he didn't put it into writing tho!) They refunded the fees since March in some - to me completely confusing and not trackable - bits and pieces.
A couple days later they drove the account into informal OD again by dumping £29 of fees. :/ Add to it the same guy promised no reporting to CRA's.... :/

[leclerc]

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

But they have to refund any fees directly related to the CPA because failure to do so is against the Payment Services Regulations 2009. They have to make you whole, ie refund fees charged directly as a result of the payments going out plus interest and any future fees resulting from it. You need to ensure that they have explained everything and increasing the overdraft is one thing which does go in their favour but if the £29 fees are part of the incorrect payment then they have to refund it unless they want to call you a thief......

[bluebottle]

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

But they have to refund any fees directly related to the CPA because failure to do so is against the Payment Services Regulations 2009. They have to make you whole, ie refund fees charged directly as a result of the payments going out plus interest and any future fees resulting from it. You need to ensure that they have explained everything and increasing the overdraft is one thing which does go in their favour but if the £29 fees are part of the incorrect payment then they have to refund it unless they want to call you a thief......

I don't know about you, Leclerc, but HSBC's behaviour in the OP's case is beginning have the smell of fraud and false accounting about it, IMO.

[QueenAnne]

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

But they have to refund any fees directly related to the CPA because failure to do so is against the Payment Services Regulations 2009. They have to make you whole, ie refund fees charged directly as a result of the payments going out plus interest and any future fees resulting from it. You need to ensure that they have explained everything and increasing the overdraft is one thing which does go in their favour but if the £29 fees are part of the incorrect payment then they have to refund it unless they want to call you a thief......

The £29 are fees and interest: £13 for the Advance account fee which I kept requesting to cancel, and the rest is interest on the OD. which they agreed to not to charge. But all in all the guy said he 1) increases OD 2) will ensure no fees or interest is charged and 3) promise no reporting to CRA's will be made.
I received absolutely no paperwork about this, not even a note that they increased the OD - so no, they have not explained it.

Tbh - Last September this was a loan that I wanted to negotiate to pay in installments... Now it's an OD which I am not allowed still to have any formal agreement about including why it's there, what it is, how to pay in installments and they report my account as late while it should not even be in OD in the first place sicne they effectively paid out unathorised, refunded as "disputed payment" a month after, and then took at once the same unathorised payment from me when their "chargeback request" was denied by Lender (again, months after)?!
:tinysmile_cry_t:

[leclerc]

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

The £13 for the packaged account is interesting as that is unfortunately not in the equation as that would go out monthly anyway. You are aware that you have a packaged account, right?

If they failed to cancel the account after having written then for god's sake add that to the FOS claim bit as well so that even if they claim that the CPA was right then the packaged account non cancellation is worth going after.....

[QueenAnne]

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

The £13 for the packaged account is interesting as that is unfortunately not in the equation as that would go out monthly anyway. You are aware that you have a packaged account, right?

If they failed to cancel the account after having written then for god's sake add that to the FOS claim bit as well so that even if they claim that the CPA was right then the packaged account non cancellation is worth going after.....

Hi Leclerc,

- yes the account is not cancelled despite repeated requests, and;
- yes it's added to the FOS claim which I am just about to send off:
3 pages of history (including references to PSR) plus the plus 5 attachments: the letters to HSBC to withdraw auth, post slips, letters to Lenders fo the same, HSBC letter that they drove me into informal OD, Lenders' emails with the info how HSBC handled my account aqnd "chargeback"... also in the claim that I send at the same time a SAR to HSBC to disclose everything they have.

I am thinking to email the whole lot to those two guys at HSBC whose email addresses are on the first page of this thread. So far I haven't emailed them but I may forward them this, as FYI.....

[leclerc]

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

Letter to cancel packaged account?

[QueenAnne]

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

Letter to cancel packaged account?

The last one I made over the phone.
I have a letter from them to me that they did cancel, in response to this phone request & she confirmed over the phone.
Once they do the SAR, I will have 3-4 more previous requests that I asked for the cancel...

[QueenAnne]

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

Guys,

Though it's obvious IMO, I mean to send a formal "Account in Dispute" letter to HSBC.
Is this required?
Is there a template for this?
Also, if I have dispute the account are they allowed to report to CRA's while the dispute is not settled?
Because I want to include that they should stop causing damage by reporting to CRA's while they refuse to agree with me and we are in dispute. I feel they are literally blackmailing with this since I noted to both HSBC and FOS that I can lose my job over a bad credit report!

Thanks a lot!

[QueenAnne]

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

Two useful chaps at the HSBC:

Dave Hartnett Member of Financial System Vulnerabilities Committee dave.hartnett@hsbc.com
Brian Robertson Chief Executive managingdirectoruk@hsbc.com Telephone 020 7991 8888

Hi CC,
Dave Hartnett's address returned a delivery error... maybe he's moved on from receiving all the issues to sort that HSBC messed up

EDIT: The other address does work - I just received a note from the Chief Exec Office of HSBC that they received my complaint and passed to some senior mgr. The scanned signed SAR was in this email, too.

[QueenAnne]

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

A quick question,
does HSBC have any liability that I am being rejected for credit? It's since they put the "3" on my file with all CRA's, from last month.
(reason: My salary this month was significantly less than usual so I am short and need to make up for it, but all I got was rejections. Last month and before, I had no issues like this - that means before HSBC "reported" to "advise other lenders" about my payment history of the debt I should not even have on my account.)
Thanks a lot!

[charitynjw]

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



http://www.adviceguide.org.uk/wales/debt_w/debt_borrowing_money_e/how_lenders_decide_whether_to_give_you_credit.htm

How to get a copy of your credit reference file

"If you have been refused credit, you can find out from the creditor which credit reference agency they used to make their decision."

I'm just thinking that the burden would be on you to prove that you were turned down due to a CRA check.

[QueenAnne]

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

http://www.adviceguide.org.uk/wales/debt_w/debt_borrowing_money_e/how_lenders_decide_whether_to_give_you_credit.htm

How to get a copy of your credit reference file

"If you have been refused credit, you can find out from the creditor which credit reference agency they used to make their decision."

Hi Charitynjw

I know they used Experian and Callcredit - it was on the rejection, with the address of these two.
I also have my credit reports (checkmyfile) I updated them this week, only to find that on 31 May HSBC reported a "3" to Callcredit, and on 13 June - same day they promised me they will not do any reporting on this - they reported to Equifax. I don't have the date for Experian but must be around these.
Last month (14 June to be exact) I took out a credit card without issues - it's £200 and no I won't use it for the purpose I need now, I took it out for the life saving assurance... in case HSBC does something and I have to pay thousands and park rent/CT/bills so at least I have food so I don't start using it for anything else. My last credit before that was in April, again without any issues. It looks like it's the "3" that is causing it... I was always very active with credits and paying them back, and had all OK's until the "3" (except a couple "1"s from HSBC in 2011 which I'll dispute right after I finish this above case with them as they reported my 10-15 days informal OD that they also charged me £125 for, per occasion, and these OD's I paid full within the 10-15 days including the laughably high fees.)

[QueenAnne]

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

HELP please

My employment background check requires me to enter Fitness and Propriety and one of the questions is, am I aware of any proceedings against me that may result in court proceedings or CCJ.... I briefly described this situation with HSBC but is this something I needed to add? I mean, they will get the info that I have an account in arrears from the CRAs for sure... I don't mean to lie (I cannot) but I seriously fear that by sharing I got myself fired :*(

Amazingly it was noted to FOS and HSBC both that this is going to happen if they report and they still reported a disputed account to CRA's

[CleverClogs]

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

My employment background check requires me to enter Fitness and Propriety and one of the questions is, am I aware of any proceedings against me that may result in court proceedings or CCJ.

It shouldn't, until they sell the purported "debt" to Lowells.