Niddy vs HSBC

[pompeyfaith]

Re: Niddy vs HSBC

I am trying to work put who is worst the HSBC or the FOS lol or maybe they are two peas from the same pod useless

[CleverClogs (RIP)]

Re: Niddy vs HSBC

we're a year in and still its HSBC shitting all over me with FOS approval

Did you really expect much difference from the Fobbing Off Service?

[Never-In-Doubt]

Re: Niddy vs HSBC

I felt I had to mention the fact that I did actually cancel the fee paying service

see this - a screen-dump of the actual letter to HSBC dated 11.04.2011

[Never-In-Doubt]

Re: Niddy vs HSBC

From the adjudicator

Dear Niddy
Re. Your complaint about HSBC Bank plc
Your ref. xxxxxxxx

I informed you of my opinion on your case on 21 December 2011. As you did not agree with my view the complaint will be referred to a case review adjudicator, and ultimately an ombudsman for a final decision.

The ombudsman will review the entire file afresh in order to reach his or her own conclusion, which might be different from my own. However, I would like to take this opportunity to address a number of points that you raised following my letter.

Firstly, I would like to address your concerns that my written opinion contradicted what I said during our telephone discussion of 15 December. During the telephone discussion I said that I thought that the business had acted unfairly. However before issuing my view, I completed my review of all of the information that you and HSBC had sent to me. Overall I did not conclude that the business had acted incorrectly. Nevertheless, I apologise for not providing some warning, prior to sending my assessment to you, that my view of the complaint had changed and that I was not upholding the complaint.

As you have requested, I have considered your comments in your email to my previous manager xxxxxxxx dated 28 December 2011. You sent me a link to your site, and I have reviewed the threads that you have posted for your complaint about HSBC. I have also reviewed our file for this complaint.

I have reviewed the letters of 29 March and 11 April 2011 to HSBC and I can see that you say that the fee-paying account had been mis-sold. However, I do not consider that there was an obligation on the bank to downgrade the account so that no further fees were incurred. I do not agree that, if the bank had cancelled the account at that stage, you would not have been overdrawn, or that you would not have defaulted.

The account first became overdrawn on 31 March after payments of £1119.82 and £100 were made from the account.

You have said that, when the bank wrote to you and said that it was closing your accounts, you did not know the balance because it had withdrawn access to the online facility and did not send statements. However, it does appear from your list of charges accompanying your letter of 29 March 2011 that the bank had made you aware that it had applied a fee to the Plus account on 21 March 2011. I do not agree that HSBC has prevented you from repaying the outstanding balance on the accounts.

You have asked why the bank invited you to attend a meeting with photo identification when you had already done so in previous meetings with an underwriter named xxxxxxxx. In its letter of 7 April 2011, the bank said that it wished to discuss accounts that had been held in the past where photo-identification had been provided. It does not appear that these accounts had been discussed between you and HSBC in previous meetings. Even if there was no substance to the bank's concerns over your photo identification, I am unable to say that it should not have requested a further meeting in order to resolve this issue.

I am sorry you felt that I questioned your ability to repay the outstanding account balance, and I can assure you that this was not my intention. In my letter of 21 December 2011, I said that you responded to xxxxxxxx letter of 29 March with a letter dated 29 March where you were unhappy with the decision to close the accounts. In your letter dated 11 April you said that you intended to leave your accounts maxed out. For this reason, I cannot reasonably conclude that by not allowing the required two months’ notice before closing the account, you were placed at a disadvantage.

I am sorry to have to tell you that my view of the complaint remains the same. Overall, I do not consider that HSBC has acted incorrectly in its administration of your accounts.

Before the case is referred to an ombudsman it will be reviewed to check that we have obtained all of the necessary information. If you have any further points or information that you would like the ombudsman to consider please let me know by 24 February 2012. If I do not hear from you by then I will assume that you have nothing further to add. If you need further time to reply please let me know by 24 February 2012.
Yours sincerely

My reply, in part, based on him (wait for it) - being out the office for a week (is it me or does he always bugger off once he replies to an upset consumer? - its becoming habit isn't it?)...

Adjudicator

I suggest you re-read my letter from 11 April 2011 whereby I wrote to David Lewis, head of HSBC. Now read down to the base of this page and you'll clearly see the following "Please also take this as formal notice of cancellation of the fee-paying account, no additional charges for this will be paid".

I attach a copy of this complaint for your perusal.....

Now, what was that about HSBC being allowed to charge me this fee? Is that not a direct command to downgrade the fee paying account in "your opinion"?

Obviously I am now in the middle of compiling a proper complaint/reply to this joke response above - I mean, from those that have followed this thread tell me how many contradictions you see in his reply above other than the first 5

I felt I had to mention the fact that I did actually cancel the fee paying service, as he has now stated on two occasions that he feels they were allowed to continue to charge me - proof again he is not reading my letters nor did he review anything. Theres two extra contradictions for you......

p.s. That £1119 deduction is how much we pay for the bloody mortgage
p.p.s The other £100 is still sat in its own account, awaiting resolution

[IF]

Re: Niddy vs HSBC

Oh dear, what did they say!!

[Never-In-Doubt]

Re: Niddy vs HSBC

After reviewing my complaint - his decision stands.

Wait till you see his letter. Ooopsie

[jen_br]

Re: Niddy vs HSBC

Thats a lot of woe lol

[Never-In-Doubt]

Re: Niddy vs HSBC

Update - 03.02.2012

Subject: Your complaint about HSBC Bank plc
Date: Fri, 3 Feb 2012 10:43:57 +0000
From: XXXXXXXX@financial-ombudsman.org.uk
To: Niddy@allaboutDEBT.co.uk

Dear Mr Niddy

Your complaint about HSBC Bank plc
Your ref. xxxxxxxx

Further to our previous correspondence, I am passing our file for review by a case review adjudicator, as you had discussed with my previous manager Mr XXXXXXXXXX.

However, I am now completing a review of my findings, and today I will respond in full to the points you have raised.

Yours sincerely


Adjudicator

My reply

From: Niddy@allaboutDEBT.co.uk
To: xxxxxxxx@financial-ombudsman.org.uk
Subject: RE: Your complaint about HSBC Bank plc
Date: Fri, 3 Feb 2012 11:06:23 +0000

Dear FOS

I'd also like details of your line manager and the FOS complaints procedure for a consumer to complain about the FOS's impartiality and adjudicator mistakes as I will need to compile a formal complaint regardless as I cannot let this go - it's just gone too far now.

For the record, the ICO are likely to tell HSBC to remove the data and considering I have confirmation from the Data Protection Registrar that the details have breached DPA Guidelines, that's enough to put paid to your woeful original decision thus a follow-up progressive formal complaint must be forthcoming. Sorry, no getting away from that.

As you know, my next port-of-call is legal action against the Ombudsman service, please relay this to the case review adjudicator and provide me the details of the handler so I may contact them directly.

I also look forward to a clearer explanation as to your original woeful decision.

[Never-In-Doubt]

Re: Niddy vs HSBC

I am looking at specific damages from the case handler that made the awful idiotic decision that will have a massive effect on me.

I can't say too much but this would be action against the individual, not the service as a whole.

[mgfboy]

Re: Niddy vs HSBC

Seems the manager that was going to look into things has ermm, suddenly left the FOS!

More later - speaking to solicitor as I type, good news is I can sue the FOS (and have damn good grounds to as well)

Niddy I'm curios on what grounds ( apart from them being dickheads!!!) are you sueing them as I may do the same?????

[pompeyfaith]

Re: Niddy vs HSBC

MattyA,

I have seen it so many times, of claims that I thought would be won at the FOS but as always they come up with some cock and ball story as to why it is a lost cause.

This is capitalism and goes right to the heart of central Government.

[MattyA]

Re: Niddy vs HSBC

I am having trouble with FOS too Boss - seems like they believe whatever the banks TELL them despite customers being able to provide evidence ,in black and white, to prove otherwise.......or at least that is how it is with my cases

Matty

[Never-In-Doubt]

Re: Niddy vs HSBC

There should be no bias in either direction.

EXACTLY

which is all I want......

I reiterated to the adjudicator earlier that in April I was within my limits and requested they cancel the fee paying element, they did not cancel it and charged me a fee (even though the account was 'closed' remember) thus exceeding the overdraft, they then default me (the same month, ie Aptil 2011) so no grace period to remedy given and best of all - the FOS think that is fine, well my adjudicator does.

So tell me how a 'closed' account can get a monthly fee applied, tell me how it can exceed an overdraft when I cancelled the fee element, and tell me where in the CCA it says they can default me within 12 days of them saying they're closing the account...? Ermmm, knock on wood time me thinks!

So I need him to clarify this as I am buggered if I can get my head round it - I was a perfect customer until the point they did not cancel my fee charging element as per the 28 days notice I did give - worse, I should have paid one more fee - not 10! Anyway........

[pompeyfaith]

Re: Niddy vs HSBC

Agree.



Disagree. They need to start doing their job fairly and get it right more often. They are supposed to take the facts and decide who is at fault, who is to blame for what and come up with a fair and just compromise/solution.

There should be no bias in either direction.

M1

Correct and that is what I meant, but it is a sad reflection that nearly all complaints brought to the FOS are just ones and all to often the FOS is sucking up to the banks.

The fact that the banks pay the fee win or lose does not mean a case should go in there favour if the facts prove different and that is happening all too often.

[mystery1]

Re: Niddy vs HSBC

Well they do need bring down a peg or two

Agree.

start acting in the consumers best interests which sadly is very lacking.

Disagree. They need to start doing their job fairly and get it right more often. They are supposed to take the facts and decide who is at fault, who is to blame for what and come up with a fair and just compromise/solution.

There should be no bias in either direction.

M1