HSBC refuse chargeback - help needed *GOT FULL CHARGEBACK**

[jbias18]

Hi i was hoping someone could help?

 

Yesterday I went to check my balance and could see that there was money missing from my account.

 

I went into hsbc and on their computer there was pending transactions of £194 from cash genie

and 140 from ariste holdings a company I have never heard from.

 

I did owe cash genie money but after contacting them I advised them i would be in touch to repay at a later date

due to being off work and self employed.

They accepted this.

 

I rang hsbc from within the branch and was told nothing could be done until it shows as cleared.

 

I cancelled my bank card as I was told to and told them to cancel all future payments

to theses companies again was advised by a worker of HSBC.

 

What i want to know is ive never gave either of these companies my bank details so how have they got them?

 

Can I do chargeback as this money was my rent so need it back asap

and as I cancelled my bank card is chargeback even possible.

 

Any help with this matter would be appreciated as im extremly worried if i dont get this money back

that I will be in trouble with my rent and as i have no money coming in for a few weeks

due to being off work how will I be able to cope?

[renegadeimp]

Could always challenge it as fraud.

[jbias18]

Yeah I told hsbc yesterday that I never authorised it and I thought it was fraud I just hope that they can refund me immediately as when I banked with santander there was a long drawn out process and I need the the funds returned asap im just unsure of the rules regarding cashback with hsbc.

[renegadeimp]

All banks are reluctant to do charge back s. You may have to make complaints to fos and fca

[jbias18]

Ok thanks I will try with the chargeback and see how I get on on monday as hsbc said I have to wait for the transaction to appear on my statement. I just cant believe how these companies have got my card details

[renegadeimp]

Have you asked them? Are you using the same account they made a deposit to?

[jbias18]

I was told to ring back once the funds had cleared so that will be monday im guessing and no nothing has never gone into my account from either of these companies

[renegadeimp]

Your bank is fobbing you off.

[jbias18]

Ok thanks I will get onto them later today when im back home and demand my money back will post on here on the outcome thanks for your help

[renegadeimp]

Speak to an actual manager. Not a front desk phone rep. The front desk reps only read off a computer screen and are not allowed to do anything else.

[jbias18]

Ok thanks I will hopefully get some joy later on then hope they can sort it for me.

[dx100uk]

cancelling the card wont work as such follow below:

 

DO IT NOW, by the HSBC telephone banking line.

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa [now the FCA] 11:24 31/05/2013 guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card details to a company and authorise them to take regular payments from your account,

such as for a gym membership or magazine subscription,

it is known as a ‘recurring transaction’ or ‘continuous payment authority’.

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

In most cases, regular payments can be cancelled by telling the company taking the payments.

.

However,

you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.

Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.

Be aware, though, that you will still be responsible for paying any money that you owe.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

and

Attach the following to your claim and in the interim period write to your bank and attach the following (Keep a copy)

Regulation 55 of The Payment Services Regulations 2009:

 

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) 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.

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

 

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

 

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

 

You can learn more about your rights via the following fsa guide :

Ending recurring payments from credit cards

57 Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loansicon. The card may be debited annually, monthly or at other regular intervals.

.

58 In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

.

59 The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA know your rightsicon booklet which is available on the FSA website at www.fsa.gov.uk.

.

59a If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

.

60 The client should make a complaint to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

I hope this information is of assistance

 

New june 2013

 

Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.

 

Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement by contacting their card provider, the Financial Conduct Authority said.

 

The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs) due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.

 

CPAs, which are also commonly called recurring transactions or recurring payments, are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.

 

Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs,

they have agreed that they will ensure that when a customer asks for a recurring payment to end,

that will be sufficient to cancel the arrangement.

 

They have also confirmed that should a payment go through by mistake following cancellation

by a customer the customer will be refunded immediately.

 

In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint t

hey have received about the non-cancellation of a CPA and to pay redress where payments have continued

to be made despite the customer cancelling the arrangement.

 

This applies to all complaints since November 2009 when the Financial Services Authority,

the FCA’s predecessor, began regulating banking conduct.

 

Clive Adamson, the FCA’s director of supervision, said:

 

“It’s important that consumers are confident that banks are meeting their everyday banking needs. Today customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.

 

“We recognise that historically this is an area where some customers have struggled but the banks

and mutuals have responded positively to our work on this issue.

 

From now on we expect them to be getting this right. In addition, they have committed to review past complaints.”

 

 

http://www.ftadviser.com/2013/06/28/...J/article.html

[jbias18]

Thanks when I rang them the other day from the branch I cancelled any more payments from both the companies but I will also send them a letter recorded.does it matter that ive cancelled the card will I still be able to do chargeback?I will br ringing them as soon as im home in the nexr couple of hours.once again thanks for everyones help really grateful.

[jbias18]

Just to update everyone I rang hsbc who said they will be refunding me the full amount tommorrow I will be chasing them up again just to make sure found hsbc to be very helpful alot more than santander ever was

[renegadeimp]

Give them a call back and demand they put it in writing. You need this to happen incase they try and wriggle out of their obligations again.

[Consumer dude]

They may say one thing then do another and then in turn blame a computer..

[jbias18]

Just to let everyone now that hsbc refunded me the full amount this morning with no hassle at all while they investigate the matter