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

[QueenAnne]

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

An update,
Tonight got two letters from HSBC.
No, they did not confirm this humbuk wishy-washy with the overdraft, but did what I saw on the forum is usual from them.

They sent a form - which I won't fill. All they ask for is on my letter. They simply told me that my signature on the letter does not match with my signature on file which is BS. So I won't respond to THIS letter but ignore it tho this one confirms the fee to be enclosed. This is by an Assistant.

However the second letter is more personalised, it also refers to the SAR, but it says when I submitted it and confirms that data will be ready at my chosen branch on 5 Aug which is around the end of my 40 days. The letter is by another Assistant (slightly different title) and she also enclosed a form, but the form asks ONLY for my chosen branch, it does not ask me to submit everything again that is on my letter. I will respond to this letter. Since I will sign their form they can get my siggy, plus send a letter WHY the other form is ignored (they cannot send me any forms, I know from this forum) and encluse the postal order for them. We'll see.

[QueenAnne]

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

Last Sunday, a dude barely speaking English called me claiming he calls from HSBC. He asked my name ONLY. None of the regular security questions that even the CEO Office asked me before. He just told me I have a £29 outstanding balance, am I able to pay it today?
I went furious, I told him the account is in dispute and I paid what I agreed to pay, he has to read account notes and see, plus I submitted a complaint about this "outstanding balance".

HSBC is numb about this complaint. I keep sending them detailed emails, in each of them I emphasise:
- PSR
- They turn my account disputed debt into formal od and now they charge interest again while they send absolutely no paperwork, plus they charge for account fees when I ask for account change and so on.
- Remind that I have not confirmed overdraft agreement, all I confirmed was (I made this explicit) that I will pay the £151 that I agreed to pay previously.
- That they misreport to CRA's and they endanger my job
- That I live in the daily fear of losing my job as I am currently subject to background checks (which is true... I can hardly eat, constant stomach ache, heartburn, my IBS is at its worst while I keep my diet... all this while I am learning a new job which requires me to perform well and adobt quickly. And all I think of is when will they call me to HR and say they terminate my contract, it's a constant fear) I work in banking and data security, this can kill my career now.

I keep responding to my own emails so it grows into a long train of chasing, noting I receive no responses... I am emailing chiefexecutivehsbcbank@hsbc.com (that's the address they responded from, when I emailed the managingdirectoruk@hsbc.com address but now I copied both.)
Is there anything else I should or could do??? I feel like I am waiting for my death sentence from someone like Edward II (the king who had a homosexual relationship with Piers Gaveston and executed half the earls of England for their protest against the favoritism and sharing the royal prerogatives with a mere commoner knight that Gaveston was.)

[QueenAnne]

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

Hey, an update, this is getting somewhere...

1. this past week I got a letter, noting that they'll send my SAR results via courier on a specified date. They sent this, because I haven't reacted to the previous letter - meaning I haven't noted which branch I would pick this up from once my signature is verified, and also I haven't sent them the postal order of £10. They just noted they send on 6 August via courier and sign off by me will be required, no mention of the fee.

2. today I got another letter, confirming that they removed the charges and fees from the account, and that they corrected the arrears from my credit report. I was to receive a fresh report tody from checkmyfile, and it's true!!! My score is up to 703 with Callcredit (I went into 1 month lateness last month on an account) and 717 with Equifax, both were 540 with the previous "3" from HSBC. My public score is steady on 811 with Callcredit and Equifax (Experian is late this month to provide...) so yes THEY CORRECTED MY CREDIT REPORT yayyyyyy
They wrote they hope to provide a final result of their investigation into my complaint by 8 august. This is cool, I needed some great news - I suppose they would not make such corrections if they would still believe they are in the right, I suppose this is a positive sign.

[FlamingParrot]

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

Well done QueenAnne! :whoo:

Do bear in mind though, that your credit score is only visible to you and not to the lenders, who would plug in to your credit records using their own proprietary software and would never see those figures you quote.

[Dougal16T]

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

An update,
Tonight got two letters from HSBC.
No, they did not confirm this humbuk wishy-washy with the overdraft, but did what I saw on the forum is usual from them.

They sent a form - which I won't fill. All they ask for is on my letter. They simply told me that my signature on the letter does not match with my signature on file which is BS. So I won't respond to THIS letter but ignore it tho this one confirms the fee to be enclosed. This is by an Assistant.

However the second letter is more personalised, it also refers to the SAR, but it says when I submitted it and confirms that data will be ready at my chosen branch on 5 Aug which is around the end of my 40 days. The letter is by another Assistant (slightly different title) and she also enclosed a form, but the form asks ONLY for my chosen branch, it does not ask me to submit everything again that is on my letter. I will respond to this letter. Since I will sign their form they can get my siggy, plus send a letter WHY the other form is ignored (they cannot send me any forms, I know from this forum) and encluse the postal order for them. We'll see.

Morning all,

Just poking my nose in, BUT this all smells exactly the same as how they treated me in late 2007 (remember the Bank Charges Case at the Supreme Court? - it wasn't my turn then.....But watch this space!)

I made 7 separate (about 4 weeks apart) visits to my branch of HSBC to get my copy Statements, each and every time I was told 'they are in the post', 'were sent yesterday', 'have been ordered', 'we are having problems but you will get them next week'...and so on. DON'T trust ANYTHING they tell you!

I was in touch with their Head Office and they promised a refund of my charges (over £3,000) - I am still waiting.....but not for much longer...

The only way to deal with them is to state what you want, when you went it, how you want it, and why you want it! BUT DO EVERYTHING IN WRITING - DO NOT DISCUSS ANYTHING WITH THEM ON THE TELEPHONE, THEY WILL LIE TO YOU.

I wish you well,
Dougal......if I can do anything to help, please ask. There are many people on these forums who can and will help.

[QueenAnne]

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

*bump*

It's quite unbelievable what happened with this.
So the final response didn't arrive. A dude called about a month in to see why I'm not paying (I know now we meant different things to pay probably) and I gave my new address as I just moved. The dude took the address and confirmed the response that'll be resent has the offer from HSBC to handle this situation.

Last month I contacted HSBC to advise I'm unemployed but also to advise I see they apply charges to this account and log me as late payer and asked why if they never resent their final response and the offer in that.

HSBC responds to emails now with letters in post, with 2 weeks delay. They are sorry but - once I highlighted its a lie that I never gave my new address - somehow my address never made it to their system! Still I'm a late payer they demand full amount cos "they sent default notice" to not the address I gave but the old one despite me providing the new one. Even I know this is not the correct procedure and CCJs get overturned for this "mistake" by creditors.

They also claim I agreed to them reducing this amount in question by turning it into an overdraft and reducing monthly by £150 which I must pay monthly. This is bs.
Turning into overdraft = they can start charging it but also it's a different type of debt no longer falling under the legislations they breached as I understand.
Agreeing = as a mere customer agent wrote in the response to my demand to give me proof that I agreed, "we're sorry you're under the impression that you didn't agree to this. Listening to the call in question you are right that you asked for this documented in writing but our advisor advised you that written confirmations are not always possible in these cases." Ehhh? Thus is the proof they provide that I agreed?!
I said on that call that I can't agree until I see it in writing to which I got the answer above, to which I answered that I definitely need in writing as I need to give to the FOS and I can't agree otherwise (yes this isn't mentioned now by HSBC)
It's all too convenient that after this, they "lost" my address until I contacted them. Today I got a letter that this is their final answer to me and I should have my solicitor contact theirs if I want something but also, I just keep saying I'll go to FOS since they haven't heard of FOS since July last year.

Any advice?
So they can lose my address so conveniently? And pretend I agreed when I didn't but withhold the call when I ask for it? (Didn't refer to Data Protection Act 1998)

I guess I have to go back to the FOS.
If HSBC defaults me when they sat 4-5 months on my address update (conveniently to generate delay enough to now demand full amount - just right after I contacted them!) is that still a proper default?

[FlamingParrot]

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

*bump*

It's quite unbelievable what happened with this.
So the final response didn't arrive. A dude called about a month in to see why I'm not paying (I know now we meant different things to pay probably) and I gave my new address as I just moved. The dude took the address and confirmed the response that'll be resent has the offer from HSBC to handle this situation.

Last month I contacted HSBC to advise I'm unemployed but also to advise I see they apply charges to this account and log me as late payer and asked why if they never resent their final response and the offer in that.

HSBC responds to emails now with letters in post, with 2 weeks delay. They are sorry but - once I highlighted its a lie that I never gave my new address - somehow my address never made it to their system! Still I'm a late payer they demand full amount cos "they sent default notice" to not the address I gave but the old one despite me providing the new one. Even I know this is not the correct procedure and CCJs get overturned for this "mistake" by creditors.

They also claim I agreed to them reducing this amount in question by turning it into an overdraft and reducing monthly by £150 which I must pay monthly. This is bs.
Turning into overdraft = they can start charging it but also it's a different type of debt no longer falling under the legislations they breached as I understand.

What was it originally if not an overdraft?

Agreeing = as a mere customer agent wrote in the response to my demand to give me proof that I agreed, "we're sorry you're under the impression that you didn't agree to this. Listening to the call in question you are right that you asked for this documented in writing but our advisor advised you that written confirmations are not always possible in these cases." Ehhh? Thus is the proof they provide that I agreed?!
I said on that call that I can't agree until I see it in writing to which I got the answer above, to which I answered that I definitely need in writing as I need to give to the FOS and I can't agree otherwise (yes this isn't mentioned now by HSBC)
It's all too convenient that after this, they "lost" my address until I contacted them. Today I got a letter that this is their final answer to me and I should have my solicitor contact theirs if I want something but also, I just keep saying I'll go to FOS since they haven't heard of FOS since July last year.

Any advice?
So they can lose my address so conveniently? And pretend I agreed when I didn't but withhold the call when I ask for it? (Didn't refer to Data Protection Act 1998)

Sadly that's the downside of dealing with creditors and banks over the phone.

Was this a different type of account that got turned into an overdraft? What was it? A personal loan? Some kind of flexi-loan?

I guess I have to go back to the FOS.
If HSBC defaults me when they sat 4-5 months on my address update (conveniently to generate delay enough to now demand full amount - just right after I contacted them!) is that still a proper default?

The default should normally be recorded between 3 and 6 months after you first miss a contractual payment. Overdrafts can be a little trickier since there are no contractual payments as such, they can go undefaulted for a long time.

[QueenAnne]

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

No not really / it was on the account as informal od after HSBC decided they disregard withdrawn payment authorities and they don't refund etc. Then they refunded a months later what they should've never charged but it remained as 'paid' on where they paid it. 3 months later I had to go into a branch to highlight that I can't negotiate with the creditor as HSBC is sitting on it. (Was originally withdrawing CPA to negotiate instalments but thanks to HSBC I only got into serious debt issues instead, when they paid out leaving me nothing for food and didn't refund for 28 days, and continuously since.) 2-3 more months and they again deducted from my account. Then they started charging the informal od. The final response was required when half yr into this I got to the FOS and that's when they offered they want to turn into formal overdraft a debt that they should've never debited from me in the first place. It's a coverup. On the first page of this post I give a much more detailed description.

[QueenAnne]

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

To the original issue / they claim they didn't receive the instruction revoking CPA in time. Sent on 20 Sept 1 2012 with 1 day (next working day 1 PM guaranteed) signed tracked delivery. Debit was between 28-30 Sept, they claim they got it on October 2 or when... IMO it's BS. It sat on someone's desk IMO.