Can I Sue HSBC for illegal? practices or just keep quiet????

[Googley2]

PLEASE DONT SAY THIS DIDNT HAPPEN IT HAS

 

My husband got the Premier Manager (who he knows well) at HSBC to give ME an overdraft of £10,000 without telling me. He had just started a new business and needed funded but was maxed out on his own name so he decided to use mine instead (also a credit card company transferred £3,000 from my card to him without my knowledge). I got told about it when the house was full of people and he told me to come into the bedroom and transfer the money to his account and he would pay it back within 3 months. Its been a big problem and split us up as he cant pay it back. I cashed a policy and repaid £5000 to HSBC but still have another £5000 to repay monthly on my own overdraft limit (was always £5000). I have now moved all my banking away from HSBC because of it to someone else. Now I am just on benefits and really struggling to pay the £150 a month to HSBC as well as other debts run up by my (soon to be ex) husband. (Before you ask I havent even seen the Premier Manager for around 3 years and he told my husband he was putting his job on the line by doing the overdraft for him.)

 

Is there any action I can take against HSBC as I am scared to do so as he also has a business loan with them for £30,000 and I think they will force payment on it if I make a fuss. Its an old loan in joint names but they have "readjusted" the loan 3 times for him now without my permission so I never know whats going on. I am just scared what my husband will get them to do next when they can obviously see from all his accounts that he is struggling but they keep giving one way or another (also have the mortgage with HSBC which we cant change due to bad credit report now).

 

Can someone please tell me what I should or should not do as its impossible to keep track when they dont even ask your permission or signatures for anything on your own account.

[dx100uk]

pers i'd contact the fraud sqaud!

 

however a letter to the fraud dept of hsbc head office might well get some attention.

 

dx

[johnnymitch]

I would definitely involve the fraud squad (HSBC one to start with , but make it plain that if they don't act you'll pass it on to the real Fraud Squad) ..... that manager had no right to do that without your knowledge ....raises the question ... how many others accounts has he manipulated ?

 

Also ,I don't think they're going to be in too much of a hurry to activate the old £30,000 one .... .. if they don't want mega -adverse publicity ......... so don't be afraid to cut loose with your complaint......

 

You need to clear your name on this one googleymugley, and don't let anyone hassle you with it .

Come back if you need any more help with this .......someone will answer , and we're user-friendly on here ........

Edited August 17, 2010 by johnnymitch
Re -think .....................

[Googley2]

Hi and thanks for the advice. I am really scared in case the Fraud Squad (either HSBC or real) have my husband arrested and imprisoned for it - can that be possible or would they only take action against their own employees??? I know its like having your cake and eating it but I would never have asked for the loan for him (which the Premier Manager and my husband both knew) as I knew he would not be able to pay it back. Apparently my husband has spoke to the PM about it and he said as I actually transferred the money via the internet then I am responsible but I done it under durress and pressure. Would HSBC want to hush hush or could I be opening up a minefield? Thanks a lot guys

[dx100uk]

TBH: i would not want to see this kept under the carpet neither it kept 'in-house' HSBC wise

if this is true it is a very serious matter and you really need to do something about it regardless to those that get caught in the net.

pers i'd go direct to you local fraud squad and ask for a meeting on a very personal matter.

 

i would doubt however that anyone outside the bank will seriously suffer really, as there are much bigger fish to fry here.

 

dx

[Googley2]

Thanks, after your kind messages I have finally got up the courage to contact the bank. Early days yet just hoping something can be sorted.

Thanks again

[johnnymitch]

Well done googleymugley!! That's the firsrt step successfully negotiated

 

Keep in touch , let's know how it goes ... and don't be afraid to come back and ask if you need help..

 

You're doing well .. keep it up !

[Googley2]

Short update: I have been passed to 3 different bank personnel now, the last one being a manager from my district not local branch), just heard from him today when he questioned how I wished to be contacted so I told him via email as it saves me getting the brainfog going when talking to someone. Will keep you updated but it may take a few weeks now. My hubby has not been contacted by them yet either, really hope they sack their Premier Manager now for doing this, first I thought no hes a family man but now I think THIS IS MY FAMILY as well that is suffering because of his actions.

Thanks a lot

[Googley2]

pers i'd contact the fraud sqaud!

 

however a letter to the fraud dept of hsbc head office might well get some attention.

 

dx

Hi Dx, just to let you know I did try to contact their Fraud Dept but it only seems to be for external fraud so went to their Chief Executive instead and now going down the line of HSBC employees. Maybe they dont have any one internal fraud and I have been unlucky!!

[Googley2]

THey have contacted me today to say they have the outcome of their investigations and want to have a meeting. Is it wise, got no indication of the results, should I go???? Feeling really nervous and sick now.

[johnnymitch]

THey have contacted me today to say they have the outcome of their investigations and want to have a meeting. Is it wise, got no indication of the results, should I go???? Feeling really nervous and sick now.

 

Hi googley2 ,

 

In my opinion it would only be wise if you had someone who could go with you as a reliable witness as to what happened at the meeting ...... I would say that they should advise you in writing of their findings ....... so that you can then decide what further action (if any ) to take ....e.g . going to the Fraud Squad with their letter and your evidence ....

 

I would definitely advise against going alone .... they will probably try to exert pressure on you to achieve THEIR aims and interests , not YOURS and you will have no independent evidence of what was said ,done or agreed at that meeting ................

 

i know it's easy to say , but try not to worry , if you're in the right , it will work out in the end ...... and consider getting the Fraud Squad's assistance if you feel out of your depth.

[Googley2]

I have spoken with a solicitor today but he says it not suitable for a legal rep to attend since we dont know what the meeting is going to be about. He said if they "holds their hands up" it could all be in my favour and he wouldnt be needed. He just said dont sign anything and dont agree to anything. I would really like to be able to take someone who can tell me exactly which laws they have broken to defend myself but doesnt look like that will happen. Meeting is on Friday at 10, they were willing to come to my house but I didnt want that in case I want to walk out, the lady just said on the phone "we will get to the bottom of it"????? God I want to throw up all day today its making me so nervous not really sure why just think the stress is making my M.E. much worse. I may be able to get another lay friend to come with me as a witness but she is a bit dubious about attending so looks like I am on my own.

[dx100uk]

likewise i feel you can only gain & very hansomely by all this.

i don't think you've got nowt to worry about.

 

my only fear is the one i said before

 

that they'll try and sweep it under the carpet.

 

don't know how you are set up

but ask your vicar or curate?

 

i agree you need someone there.

 

or a tape recorder!!!

 

 

dx

[johnnymitch]

Please try to persuade your friend , or as Dx says , a minister or someone .......... I don't think it would be wise to go on your own , given your medical condition too Googley2 ...

 

I think you're wise also not to let them hold it at your house , .......as you say , you can't walk out of there and throwing them out might be difficult ....

 

I can only reiterate what i said before ....... and Dx is also on the right lines ............but try not to let it stress you too much .... It's not you who has caused this .... and I'm sure they are not feeling stressed about it ......

[rdm2006]

It may be wise to ask to hold the meeting on mutual ground - coffee shop or something don,t give them the upper hand of being on home ground....

[Googley2]

I have a small office style dictaphone so I will take that along and will try and persuade my friend to come again. Thanks for all the support it really lovely. Dont want to hold the meeting in public as hate being overhead on private matters. If the bank agree its their fault (but I expect them to say its my own and put up whatever fight I can about client confidentiality and banking regulations) what kind of compensation should I seek if anything is even offered??? Cant get it out of my head that if the Manager hadnt done this for my hubby I wouldnt have been in this mess for the last 8 months which has really caused so much stress and illness?

[rdm2006]

Fingers Crossed for Friday.

 

Play it Cool keep thinking they are in the wrong not you and if compensation should be mentioned let them tell you what is on offer (and treble it lol). Dont agree to, or sign, anything.

[Googley2]

Meeting happened today, they just wanted to know again all that has gone on. It will still take weeks of investigations. They have "spoken" to the Premier Manager and he has said I applied for the overdraft myself!!!!! They also said they believe me but also said they have a duty to protect their employee!!!. They said they cant say anything about what might happen as they need to "discuss it with Counsel". They will update me weekly by email of whats going on so I know they are just not sitting on it. I am going to do some homework for them and provide them with some more details. The manager provided a paper with my signature on it from Jan 2009 and said I signed it in 2010 but put the wrong date on it!!! Told them no way did I even see him in 2010, they asked me if I remembered signing it to open a premier account but I didnt. Just dont really have a clue to anything yet but they have said I should not worry so much. One person spoke and the other took notes.

I havent signed anything and wasnt asked to. They also said they havent come across a similar situation in their 30 years of banking experience so have nothing to go on.

[Old Cogger]

Thanks for update, you will await to see, but they may try to do an exercise to limit their position, keep people informed on here who may be able to foresee what they are doing? just in case.

[johnnymitch]

You did well googley 2 .........

 

You held your ground and didn't sign anything , ....well done ...... Mike's advice is sound ....please keep us informed and ask for help any time you need to ......

 

 

btw .... did you record the meeting .......... or are they going to give you a (certified true) copy of the minutes ............. ?

[rdm2006]

keep a copy of everything they send to you and only send them copies of info they request from you.

 

Do not trust them under any circumstances it is not you or their employee they are worried about - it is how they will look if anything is found out!!!!!!!

[Googley2]

Well they have finally replied today and I am so shocked. "Having conducted a complete investigation I can find no evidence to state that we increased your limit without your consent. We are unable to assist you further and if you wish to take it further go to the police. What a load of whitewash after telling me they believed me when we had a meeting and now saying there is no evidence for an overdraft application - SHOCKED

[johnnymitch]

Hi googley 2 , if you're adamant that you were railroaded or that fraud was involved in this ..... please read back the advice given earlier in this thread .... not only by me ........

 

I am of the opinion that they are trying to bluff you you by telling you to contact the Police ......... I would say .... do it ..... involve the Fraud Squad .. get them to investigate it ...... HSBC investigating themselves is no contest . There could be a few more faces in the frame if they're trying to close ranks ...... and hide evidence.

 

You could also send HSBC a SAR (subject Accesss Request ) asking for copies of ALL correspondence and agreements they've got on you (tell them it's for the Police if you like ..might concentrate their minds a bit . ).... it costs a tenner , but i believe it's worth every penny ........ by law they have to comply and any attempt ot suppress evidence would land them in deep trouble.

 

The following link should get what you want ..... they've got 40 days to comply .......but I think you'll find a change of attitude before then ......

 

Again keep an eye on here for other Caggers' advice ......... there may be a better way , but at the moment I can't think of it .......

 

Above all ....... don't let them phase you ...... that's what they try with everybody ...... if you stand up to them it 's the best way to get results ..... IMHO

 

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

[dx100uk]

did we really expect anything else?

 

now on to your problems

 

what can we try and do about the situtation you are in

what would help you

 

dx

[johnnymitch]

Hee Hee .....we posted at exactly the same minute dx

 

but I'd value your slant on this one too ......please, .....