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

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

    Hi,
    I would like to ask for some help and opinion on the situation I'm in,
    In Sept 2012, following the National Debtline's advice I withdraw authorisation on my card to address some payday loans I couldn't afford in paying at once - it was a vicious cycle. Before you judge, I had reason to go for them, after someone seriously set me up and disappeared with my money when I needed my cash.
    So, I withdraw authorisation to negotiate with the companies who would otherwise charge for full amounts.

    HSBC did pay out the unathorised amounts - leaving me in -900. So when I obtained a loan, even that didn't get me to have money to survive the month. HSBC then told me they cannot do anything for me.

    28 days later they refunded some amounts - they did this in 6 smaller payments so it could not be identified what they refunded. There was no reference.

    In the meantime they charged for OD fees (that 100-125 per month) and I successfully had those removed, twice. Someone even called me and apologised, but when I said that the issue is still not resolved - since now I can't even negotiate with anyone since HSBC sits on who is the lender, and what they refunded and why, all I was told is they'll get back to me.

    They didn't so in December (15th) I went to the branch and asked them to let me pay them in installments, noting I owe the moneys they refunded. (Tbh, I used them up - yup I know I shouldn't have but after a crappy Xmas the year before, them leaving me without any money in the month of my Birthday, my family was coming to visit for Christmas etc and I needed some good time after 1,5 yrs not seeing any family.) They were nice, promising they'll look into the installments offer and let me know and they won't do anything without prior discussion not to increase the debt I have.

    To the branch-visit HSBC reacted in contacting the lenders they refunded (2, as I later found out) for charge back. They were rejected by one lender (disputing my right to withdraw the authorisation) and that they started pushing on me: on Friday 11 Jan I got a letter that on Monday 14th they will debit me for it £1200 approx. Of course I had no such amount on such short notice so I contacted them and asked for installments. In February, the same letter arrived on 11 Feb, the debit scheduled for 13 Feb - no response to my request for installments. Again I wrote to them with the same request.

    In March, the other lender that didn't reject HSBC made agreement with them and refunded them. This lender then immediately debited my new debit card for lateness fees of 150+ days (from 28 Sept to 7 March, the time HSBC took to decide.) This lender later confirmed to me, that HSBC contacted them for charge back not earlier than 24 December - 3 months after the initial payment and 1 week after my visit to the branch asking HSBC to let me pay HSBC, not the lender.

    Just as this happened, HSBC also sent me a new letter, this time it said "as per your request we debited your account" with the full amount, also "your account is overdrawn" etc etc - they went £700 over my overdraft limit. The next day another letter arrived, noting to me they declined the direct debit of my HSBC home insurance, and charge me the fee of returned DD.

    Again I replied them the same. Again no response except the number of collections. Then I wrote a complaints letter with the whole history of the case - now including how they handled the situation differently with the two lenders, telling me in one case how I had no right to withdraw authorisation, while in the other case the lender advised HSBC it's rightful so HSBC washed hands and took payment from the lender, only for me to pay for their lateness.

    No response to the letter, they started sending emails with a phone number that was a 0845 IVR system to pay. They also started calling me, sometimes multiple times on a day, same IVR, to pay by debit or credit card. sometimes when I bothered going into the IVR, I could reach the point where it advises me "please call back during business hours" when it was clearly during business hours. These calls harassed multiple times a day for 3 weeks straight in the last weeks.

    A week ago they sent a new letter, this time noting they will file the default. I called them again, they told me they have no record of me asking for installments - a lie - and scheduled callback. That didn't happen in the scheduled time, so I went to a branch, where I was told none can talk to me - tho all they'd have done is calling the team that didn't call me back.

    Last night they called me, only to tell me that they will not enter into any settlement or payment plan with me. They refer to my level of income (which is higher than average) noting they have 2 months before they can file the default and sell the debt (and then they no longer have to deal with me!) Somehow my level of income does not prevent them from pushing for the whole amount, now £1840 with their fees mounting during the months they refused to discuss.

    I took it as an attempt to 1) threaten me into paying the fees and all or 2) if I don't then HSBC can sell the debt and file the default and no longer have to deal with me disputing and asking for installments... while the case open I keep referring to how they messed up a simple situation and sat on it for months.

    Today I called HSBC complaints. They simply told me the same: HSBC will not enter any agreement with me, and demand £1340 at least (amount of informal OD now) and then £500 plus occurring fees. They say they'd "very much regret" if I'd go to ICO, or Watchdog... but at the end the guy said, to shut me down, that if I have anything else to say I should tell it to the ombudsman services.

    Topping this, I tried for personal loan - I moved my banking activities to Lloyds after this situation, so HSBC doesn't get my earnings, but Lloyds declines and so did a second bank. The only 'glitch' on my credit history is again HSBC, reporting in 2011 that my account went into informal overdraft - for which I cleared within the 30 days including paying the fees they had for informal OD. Still they report and Complaints-guy told me today, they "are entitled to report every late payment as well as to protect themselves and sell the debt, and file for default." I maintain a credit card fine, have 5 clean accounts, had 8 inquiries in the past yr, 1 other loan being paid fine. When applying for a loan, I applied for debt consolidation and included the other loan amount. Seems the only thing I can get is credit cards, those no matter how much I applied for don't get declined. (Makes me wonder if situations like this, and ppl not getting help when they need if ever once they had a late repayment in life, is why so many ended up in credit card debt.)

    Sorry for the long story. Any advice would be helpful - besides what I know, that my only way to protect my credit history is to pay the £1340 at least, within a month. If I'd get the default, I'd lose my job so that will be my first aim (the company I work for is that regulated.) In my opinion the whole situation is to ensure the first 6 months get covered up where HSBC was quite "liberal" in handling the situation, to say the least. What do you think?

    (PS - in my somewhat stressed and anxious state now, please be nice. I'm not someone who lives on loans, I ended up without a home 1,5 yrs ago when I needed the payday loans, and I repaid a tremendous amount of stuff. Again, my payment records are almost clean and I have a 814 public score with Callcredit and Equifax, 683 for Lenders, 8 closed successful accounts without any lateness occurred, and 6 open, with only HSBC showing "1" in 2011. No court actions, no insolvencies, and I'm on ER ever since I moved to the UK. This disputed occurrence is not yet reported by HSBC.)
    Last edited by QueenAnne; 12th June 2013, 17:12:PM.
    Tags: None

  • #2
    Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

    oooo, this looks interesting and I love this one so hang on whilst I get my FCA Handbook out, The Lending Code and I think Payment Services Regulations and and.......
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

      The Hong-Kong Swindling Banking Corporation seems to have been more than a little:
      1. stupid,
      2. naughty, or
      3. both stupid and naughty

      They seem to have treated your revocation of the Continuous Payment Authority (made under Regulation 55 - link - of the Payment Services Regulations 2009) as a "chargeback" which seems not to be regulated at all.

      That negligence by the Hong-Kong Stupid Banking Corporation was how the legal loan sharks got your money after all - even though you'd instructed the Hong-Kong Slitty-eyed Banking Corporation not to pay them - and how you ended up paying charges and interest on top of the unauthorised payments!

      Regulation 77 (link) makes the Hong-Kong Silly Buggers Corporation liable for all charges, etc arising from their utter incompetence.

      Comment


      • #4
        Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

        Originally posted by leclerc View Post
        oooo, this looks interesting and I love this one so hang on whilst I get my FCA Handbook out
        Will the Fundamentally Clueless Authority sort out this mess?

        Comment


        • #5
          Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

          Originally posted by QueenAnne View Post
          Hi,
          I would like to ask for some help and opinion on the situation I'm in,
          In Sept 2012, following the National Debtline's advice I withdraw authorisation on my card to address some payday loans I couldn't afford in paying at once - it was a vicious cycle. Before you judge, I had reason to go for them, after someone seriously set me up and disappeared with my money when I needed my cash.
          So, I withdraw authorisation to negotiate with the companies who would otherwise charge for full amounts.
          How did you do this and how was the payments being taken? Was it Debit Card or Direct Debit?

          HSBC did pay out the unathorised amounts - leaving me in -900. So when I obtained a loan, even that didn't get me to have money to survive the month. HSBC then told me they cannot do anything for me.

          If you gave them the authority in writing then HSBC are completely at fault at the moment.


          28 days later they refunded some amounts - they did this in 6 smaller payments so it could not be identified what they refunded. There was no reference
          If any charges resulted from these refunded amounts then HSBC must refunds fees taken for this.

          In the meantime they charged for OD fees (that 100-125 per month) and I successfully had those removed, twice. Someone even called me and apologised, but when I said that the issue is still not resolved - since now I can't even negotiate with anyone since HSBC sits on who is the lender, and what they refunded and why, all I was told is they'll get back to me.
          That might cover the above. Did they put anything in writing?

          They didn't so in December (15th) I went to the branch and asked them to let me pay them in installments, noting I owe the moneys they refunded. (Tbh, I used them up - yup I know I shouldn't have but after a crappy Xmas the year before, them leaving me without any money in the month of my Birthday, my family was coming to visit for Christmas etc and I needed some good time after 1,5 yrs not seeing any family.) They were nice, promising they'll look into the installments offer and let me know and they won't do anything without prior discussion not to increase the debt I have
          At the moment I think the above is irrelevant although I have my own personal opinion and that is not something you want to hear so I will not bother with that for the moment.
          To the branch-visit HSBC reacted in contacting the lenders they refunded (2, as I later found out) for charge back. They were rejected by one lender (disputing my right to withdraw the authorisation(if you withdrew authorisation from the bank then the bank have to accept that authorisation and it is up to the lender to come after you for the amount) and that they started pushing on me: on Friday 11 Jan I got a letter that on Monday 14th they will debit me for it £1200 approx. Of course I had no such amount on such short notice so I contacted them and asked for installments. In February, the same letter arrived on 11 Feb, the debit scheduled for 13 Feb - no response to my request for installments. Again I wrote to them with the same request.
          £1200 was asked from you by whom? The bank or the payday lender?

          In March, the other lender that didn't reject HSBC made agreement with them and refunded them. This lender then immediately debited my new debit card for lateness fees of 150+ days (from 28 Sept to 7 March, the time HSBC took to decide.) This lender later confirmed to me, that HSBC contacted them for charge back not earlier than 24 December - 3 months after the initial payment and 1 week after my visit to the branch asking HSBC to let me pay HSBC, not the lender
          The only way HSBC can reject a payment is that they believe that you have committed fraud or it can prove you authorised the payment which if you have withdrawn authorisation for payments, they cannot.
          Just as this happened, HSBC also sent me a new letter, this time it said "as per your request we debited your account" with the full amount, also "your account is overdrawn" etc etc - they went £700 over my overdraft limit. The next day another letter arrived, noting to me they declined the direct debit of my HSBC home insurance, and charge me the fee of returned DD
          I assume that you then spoke to HSBC and state that you have never given authorisation for any debiting of your account? It's unaauthorised.
          Again I replied them the same. Again no response except the number of collections. Then I wrote a complaints letter with the whole history of the case - now including how they handled the situation differently with the two lenders, telling me in one case how I had no right to withdraw authorisation, while in the other case the lender advised HSBC it's rightful so HSBC washed hands and took payment from the lender, only for me to pay for their lateness.
          Do you have a copy of the letter you sent?(copies are important when you deal with these financial wallies)
          No response to the letter, they started sending emails with a phone number that was a 0845 IVR system to pay. They also started calling me, sometimes multiple times on a day, same IVR, to pay by debit or credit card. sometimes when I bothered going into the IVR, I could reach the point where it advises me "please call back during business hours" when it was clearly during business hours. These calls harassed multiple times a day for 3 weeks straight in the last weeks.

          A week ago they sent a new letter, this time noting they will file the default. I called them again, they told me they have no record of me asking for installments - a lie - and scheduled callback. That didn't happen in the scheduled time, so I went to a branch, where I was told none can talk to me - tho all they'd have done is calling the team that didn't call me back.

          Last night they called me, only to tell me that they will not enter into any settlement or payment plan with me. They refer to my level of income (which is higher than average) noting they have 2 months before they can file the default and sell the debt (and then they no longer have to deal with me!) Somehow my level of income does not prevent them from pushing for the whole amount, now £1840 with their fees mounting during the months they refused to discuss.

          I took it as an attempt to 1) threaten me into paying the fees and all or 2) if I don't then HSBC can sell the debt and file the default and no longer have to deal with me disputing and asking for installments... while the case open I keep referring to how they messed up a simple situation and sat on it for months.

          Today I called HSBC complaints. They simply told me the same: HSBC will not enter any agreement with me, and demand £1340 at least (amount of informal OD now) and then £500 plus occurring fees. They say they'd "very much regret" if I'd go to ICO, or Watchdog... but at the end the guy said, to shut me down, that if I have anything else to say I should tell it to the ombudsman services.
          Do you have a final response? I hope you do
          Topping this, I tried for personal loan - I moved my banking activities to Lloyds after this situation, so HSBC doesn't get my earnings, but Lloyds declines and so did a second bank. The only 'glitch' on my credit history is again HSBC, reporting in 2011 that my account went into informal overdraft - for which I cleared within the 30 days including paying the fees they had for informal OD. Still they report and Complaints-guy told me today, they "are entitled to report every late payment as well as to protect themselves and sell the debt, and file for default." I maintain a credit card fine, have 5 clean accounts, had 8 inquiries in the past yr, 1 other loan being paid fine. When applying for a loan, I applied for debt consolidation and included the other loan amount. Seems the only thing I can get is credit cards, those no matter how much I applied for don't get declined. (Makes me wonder if situations like this, and ppl not getting help when they need if ever once they had a late repayment in life, is why so many ended up in credit card debt.)
          Did you ever have PPI on any accounts/loans with HSBC cos revenge will be sweet?
          Sorry for the long story. Any advice would be helpful - besides what I know, that my only way to protect my credit history is to pay the £1340 at least, within a month. If I'd get the default, I'd lose my job so that will be my first aim (the company I work for is that regulated.) In my opinion the whole situation is to ensure the first 6 months get covered up where HSBC was quite "liberal" in handling the situation, to say the least. What do you think?

          (PS - in my somewhat stressed and anxious state now, please be nice. I'm not someone who lives on loans, I ended up without a home 1,5 yrs ago when I needed the payday loans, and I repaid a tremendous amount of stuff. Again, my payment records are almost clean and I have a 814 public score with Callcredit and Equifax, 683 for Lenders, 8 closed successful accounts without any lateness occurred, and 6 open, with only HSBC showing "1" in 2011. No court actions, no insolvencies, and I'm on ER ever since I moved to the UK. This disputed occurrence is not yet reported by HSBC.)
          Ok this is a tough one because of the later issue of higher income which I am not sure why that has come about.....
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

          Comment


          • #6
            Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

            Originally posted by CleverClogs View Post
            Will the Fundamentally Clueless Authority sort out this mess?
            Their regulations might ie treating customer fairly for one. but I think PSR's are more interesting in regards to that.

            http://www.fsa.gov.uk/static/pubs/co...ghts_guide.pdf
            Try page 15.....

            Plus the FOS(I know you are not a fan CC but we are after leverage from the bank).
            http://www.financial-ombudsman.org.u...3/103-ask.html

            Furthermore I think a SAR is needed from HSBC so that you have their notes from the account. I think we need an account in dispute letter as well if someone could oblige(I am crap at linking to that bit).
            "Family means that no one gets forgotten or left behind"
            (quote from David Ogden Stiers)

            Comment


            • #7
              Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

              Payment Services regulations part 55(3) covers your scenario(for withdrawal of consent and CC has pointed to reg 77 which covers their liability to you )

              http://www.legislation.gov.uk/uksi/2...lation/55/made
              "Family means that no one gets forgotten or left behind"
              (quote from David Ogden Stiers)

              Comment


              • #8
                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.
                - £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 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.
                - 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.

                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."

                Comment


                • #9
                  Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                  So as I understand this is the chain of 3 main events?

                  - the withdrawal of auth., their delay in handling it

                  - them going for chargeback once it was clear and I noted that now it's them that I owe and I asked for installments

                  - them dropping the full amount onto my acc and starting to charge for informal OD increasing the limit and refusing installments agreements.

                  can I still handle thus as one continuous case? Because I never would've owed HSBC if they don't mess with my payment withdrawal, as I understood the chargeback was not right plus their months of response time resulted in me being charged for lateness fees. Lastly I think they really want to sell it so it no longer matters what is the original debt and what are their "fees of services" but I might become paranoid at that.

                  thank you ever so much guys!!!!

                  ps - no PPI.
                  ps2 - on a side note is it correct how they reported me late for a month, when I went into OD and paid it in the same month and also paid their extreme fees for it? Re their mess up of my credit report they also refuse to correct.
                  Last edited by QueenAnne; 12th June 2013, 22:36:PM.

                  Comment


                  • #10
                    Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                    Originally posted by QueenAnne View Post
                    - £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.
                    Whether or not the loan shark received your revocation of the CPA is quite irrelevant - if the putative bank received it in good time to stop the payment being made, then the bank is liable to reimburse you and to repay all the interest and charges they have sought from you in consequence of their crass ineptitude.

                    Their only excuse might be that you had not revoked the CPA with sufficient clarity. Could you post up a copy of the letter you sent with - of course - all your personal details removed?

                    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."
                    Did you get that oaf's name?

                    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

                    Comment


                    • #11
                      Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                      I will try to find the e-copy, I actually used and edited a template to revoke it which I took from Nat. Debtline's site and I named lender loan ID, and quoted the legislation you guys mention, as well. I noted its immediate.

                      you just made me realise what an amateur I am but I can't recall the guys name from today - I had a 1,5 hr 'session' with him it was exhausting.

                      I think I email those two tomorrow, would that be a good idea?
                      thanks a lot!!!!

                      ps - HSBC first denied the letter I sent. Then they said it "got lost." Somehow it got found then and they refunded. They then said I'm subject to fraudulent activity and then cancel my card but that 'misunderstanding of the situation' was quickly cleared, I explained over the phone a couple times plus in the branch in December.

                      Comment


                      • #12
                        Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                        Hi,
                        These are the templates I used, the Bank received original signed letter to them plus copies of all letters sent to Lenders;

                        [Company name & Address here]
                        Dear Sir/Madam
                        Card No: [your card number added here]
                        We are writing to advise that with immediate effect, we withdraw our authority for all future payments to be
                        debited from the above card number by [payday loan company name]. This is in accordance with our rights
                        under the Payment Services Regulations 2009, which state:
                        “The payer may withdraw its consent to a payment transaction at any time before the point at which the
                        payment order can no longer be revoked under regulation 67.”
                        We also understand that should you not action our instruction, “any future payment transactions are not
                        regarded as authorised for the purpose of this Part” and we shall seek an immediate and full refund.
                        Please confirm in writing that this instruction has been received and actioned.
                        We look forward to hearing from you.
                        Yours faithfully
                        Mr A N Other
                        ***
                        [Company name & Address here]
                        Dear Sir/Madam
                        Account / Reference No: 4563210025897412
                        We are writing to advise that with immediate effect, we withdraw our authority for all future payments to be
                        debited from card number [your card number added here] in respect of the above loan. This is in accordance
                        with our rights under the Payment Services Regulations 2009, which state:
                        “The payer may withdraw its consent to a payment transaction at any time before the point at which the
                        payment order can no longer be revoked under regulation 67.”
                        Please confirm in writing that this instruction has been received and actioned.
                        We look forward to hearing from you.
                        Yours faithfully
                        Mr A N Other
                        ****

                        They never contested what is in the letter and never noted it to be ambiguous.
                        I used the references that the Lenders used when debiting me.


                        So,
                        Do I understand correctly, that the whole situation failed (after HSBC's negligence in paying out the moneys and not doing anything until I reminded them) at the point where HSBC started disputing my right to withdraw the authorisation (to one Lender) and debited me for the amount - to the second Lender, they opted for chargeback from the Lender. As I understood they should've never debited me again but dispute with the Lender - plus they should've done this IMMEDIATELY not 3-6 months after?
                        Also, do I understand correctly that HSBC is reliable for
                        - all costs (fees & charges) on my account - the account was maintained without going into OD and according to my T&C with them, every fee on the account was result to their actions
                        - and, also all fees I had to pay to Lender who charged me for the 150+ Late fee.

                        Thanks!

                        Comment


                        • #13
                          Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                          quick update - talked to FOS, they also asked if HSBC sent their "final decision" in letter to me (e.g. that they refuse to have an agreement with me) and then they said they will send the complaint to HSBC for investigation. Takes up to 8 weeks. I receive a copy, and I should receive HSBC's 'findings' directly which then I need to contact the FOS rep with, to take further if needed.

                          They did not advise more.

                          Comment


                          • #14
                            Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                            Originally posted by QueenAnne View Post
                            They never contested what is in the letter and never noted it to be ambiguous.
                            There is nothing ambiguous in those letters; there is certainly nothing to suggest that a chargeback should be initiated. Whoever dealt with this at the bank is stupid, misinformed or both, and the Highly Shonky Bank of Clots then seems to have attempted a cover-up - badly!

                            Do I understand correctly, that the whole situation failed (after HSBC's negligence in paying out the moneys and not doing anything until I reminded them) at the point where HSBC started disputing my right to withdraw the authorisation (to one Lender) and debited me for the amount - to the second Lender, they opted for chargeback from the Lender. As I understood they should've never debited me again but dispute with the Lender - plus they should've done this IMMEDIATELY not 3-6 months after?
                            Yes. Provided that the CPA had been revoked in sufficient time, no monies should have left your account even once. They certainly should not have performed this curious, financial hokey-cokey (link) and it is difficult to understand why they did that.

                            Also, do I understand correctly that HSBC is reliable for
                            - all costs (fees & charges) on my account - the account was maintained without going into OD and according to my T&C with them, every fee on the account was result to their actions
                            Yes.

                            - and, also all fees I had to pay to Lender who charged me for the 150+ Late fee.
                            No - they are not liable for the loan shark lender's excessive (and arguably unlawful) charges.

                            Comment


                            • #15
                              Re: HSBC - unathorised payment, mishandling, informal OD and HSBC refusal to agreemen

                              There is nothing ambiguous in those letters; there is certainly nothing to suggest that a chargeback should be initiated. Whoever dealt with this at the bank is stupid, misinformed or both, and the Highly Shonky Bank of Clots then seems to have attempted a cover-up - badly!
                              I found it interesting back in March when suddenly the Lady who kept sending me letters and whom I directed my responses to that she ignored, she just disappeared lol
                              Maybe I should've given this Lady's name to the FOS rep to put it into the original Complaint letter to be sent now to me and HSBC for investigation.

                              Yes. Provided that the CPA had been revoked in sufficient time, no monies should have left your account even once.
                              The letters were received by all parties incl HSBC and Lenders (with tracked post) at least week before DD date.

                              No - they are not liable for the loan shark lender's excessive (and arguably unlawful) charges.
                              If HSBC pays out the unathorised amount, Lender considers it paid, then HSBC takes 150+ days to make up their mind and agree on chargeback with Lender, I am responsible for the 150+ days lateness? (both on credit history and in fees)
                              I mean, the lateness fee was about £50-£60, ok not THAT huge, but being marked a late payer because until the day they debited me again, this was "paid" according to Lender, what could I have done to eliminate the delay? I am trying to understand this.

                              Besides, CC you ROCK bigtime. Thank you ever so much!
                              Last edited by QueenAnne; 13th June 2013, 12:03:PM.

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