HSBC driving me mad, can anyone help?

[finsnan]

Hi everyone, just joined today.. wish I hadn't had to but hey ho

 

I stopped using my current account with HSBC two years ago because I moved my mortgage to an offset one with NatWest which required me to use current account with them.. fine I thought, I'll just keep my old HSBC one (which has a £3.5k overdraft) in case I don't like this offsetting business. So for a few months, I just spent time adjusting to the new account and didn't bother to look at my HSBC account, just "filed" the statements in a plastic wallet as they arrived. Big mistake! When I did get round to putting them away properly I noticed some activity on the account - nothing huge, but 20 transactions for amounts varying from £4.99 - 19.99 going through my account - internet transactions, from 3 different retailers - none of whom I have ever had any dealings with - between April 2004 and November 2004.

 

As soon as I spotted these (in about May or June 2005) I hot footed it down to my local branch of HSBC who told me to go down to the Police Station and report it, get a crime number and let them have it. Did this the same day and took it back in. Since then I have heard nothing from HSBC. I have called in on several occasions to ask what is happening and in the meantime my account is being debited with interest charges every month, to the point where my HSBC account is now £700 in debit instead of the £200 I started with!

 

I got a bit shirty with them the last time I went in (about a month ago) and they said they would follow it up.

 

I have now received two letters from them saying

 

"disputed transactions, thank you for your recent enquiry... blah blah.. under the Maestro scheme rules, there is a time limit within which the bank can raise a claim or request a copy of the transaction voucher with the retailer involved in the transaction. Unfortunately, as this time limit has now passed, we are unable to assist you any further with your enquiry. You are of course still entitled to continue your enquiry directly with the retailer"

 

I am gob smacked at this!

 

Firstly - the transactions stopped in November 2004, coincidentally this is exactly the same time that they issued my new debit card - clearly the transactions weren't from me or why would they have stopped then?

 

Time limit - what time limit? Why don't they specify this? Was it passed when I raised the query with them in about May 2005? Is this my

recent enquiry? How do HSBC define recent? Do they speak a different language to me?

 

How can I raise it with the retailers when I've never heard of them, and have no information as to who/how/why these transactions have ended up in my account!!!

 

GGGGGRRRRRRRR :mad:

 

Has anyone else been in this position, and if so how have you progressed? Should I be thinking of a Small Claims action? Any advice, comments, etc. would be gratefully received...

Thanks,

Sandra

[caro]

I suggest that you send a SAR with the £10.00 fee so that you can get all the information HSBC hold regarding your account, including any manual intervention. This should show what, if any, action HSBC have taken to find out about apparently fraudulent transactions. Once you have this information it may reveal a bit more about the transactions. I would also be inclined to make a complaint to HSBC about how long it has taken them to get back to you.

 

I am not sure how answerable the banks are if money is taken from peoples accounts without the account holders consent, although of course the banks do it all the time. I would have thought they should have a duty of care to look after your money, but you would need to look at the legal basis for any claim you might want to make against the banks.

[finsnan]

B.U.M.P.

 

!!!!

 

Can no-one give me any advice?? I knew this was a difficult one!

[MARTIN3030]

I agree with Caro.

You need to be able to show that your enquiries were being made.

If you sent them letters then surely they will have them on file.Problem is that you would have no proof of posting.

Because of the nature of your enquiries though one would expect there to have been manual intervention here,or possibly their lack of it caused the delays in sorting it.

We do know that the banks can refuse to disclose whether manual intervention has occured or not and can use this to their own ends.

But in the case of you sending them letters IF they admit to having them then its hard for them to say manual intervention was not used here.

If you could get hold of copies of the letters that would assist you.or certainly file info on your enquiries.

As regards the maestro transactions themselves they are a third party processing your data and I would say its open to question as to whether or not you couldnt go directly to them for the information under the data protection act.

This is not clear cut but you explore these avenues.

There are guidelines set out for when things go wrong and it looks like this was a classic case of that.

[finsnan]

Hi!

Thanks both for your advice, I will do the DP letter and see where that goes. Is it worth pursuing HSBC's own Complaints Procedure do you think?

Thanks!!

[bearo]

Thread moved to HSBC

[remus]

Finsnan, are you saying that the harassing phone calls you are getting at all times is to do with the fraudulent items on your account that pushed your account up to £700, and that HSBC say has gone beyond their time limit?

Did you do the SAR? because it is HSBC you need to be dealing with, not letting them fob you off.

Sandra you need to be more vocal, keep asking until you understand, do it on your thread, so we can see how to help with what needs to be done next.

You are not unique, they are doing the same to all of us, which is why we are here to get help, and help from our own experience:) .

 

Don't let them make your life a misery, we are here to help;)

Good luck:D

[pinkduchess]

remus - you have been delving deep into past threads this is from November

[remus]

Hi PD, yea I know, but she has posted on the telephone harassment site yesterday, so things are still not good for her.

[pinkduchess]

oh ok - thought you were having a funny turn. my mistake

[remus]

Yea quite understand this time of day, could be having a funny turn:p