Niddy vs HSBC

[kilasuit]

Re: Niddy vs HSBC

They've messed up - simple.

Shame they cant admit it thou. same with all financial instutions.

[pompeyfaith]

Re: Niddy vs HSBC

Shame they cant admit it thou. same with all financial institutions.

You forgot one very important point, the financial (sick)tor are never wrong they are the high almighty and cleaner than very clean.

Oh and until that Angela Knight of the BBA is sacked nothing will change as she seems to be running the show in that she speaks and all the banks stand to attention.

[garlok]

Re: Niddy vs HSBC

Would you tackle that harrowden when she permantantly has PMT mate?

regards
Garlok

[Bosieb]

Re: Niddy vs HSBC

What an interesting read, niddy what happened with Barclays? Have you kept the Nationwide account? Think I'd be on the deck, all that stress with HSBC

[Never-In-Doubt]

Re: Niddy vs HSBC

What an interesting read, niddy what happened with Barclays? Have you kept the Nationwide account? Think I'd be on the deck, all that stress with HSBC

Barclays settled with some compo - never did bank with them

---> Niddy v Barclays

Yes I use Nationwide as a back-up account, my main bank is with HBOS now after also getting some compo from them earlier in the year for refusing me banking! ---> Niddy vs HBOS

All in all, not a bad few results

[Never-In-Doubt]

Re: Niddy vs HSBC

Am expecting to hear from the FOS case handler any day now, as HSBC have sent the FOS the case file so that will be interesting as I'll now SAR the FOS to see what HSBC "really" think of me and my complaint

Update to follow as and when they (FOS) get back to me.... however in the meantime I have 3 defaults that were all defaulted within the same month I stopped paying, ie not even one payment late, with no DN's ever issued so me thinks they're kinda in the poop however they look at it

[Never-In-Doubt]

Re: Niddy vs HSBC

Biggest shock this side of the mississippi

Subject: Your complaint about HSBC Bank Plc
Date: Wed, 21 Dec 2011 17:51:56 +0000
From: FOS Jokers
To: Niddy

Dear Mr Niddy

Your complaint about HSBC Bank Plc
Your reference: XXXXXXXXX

I am writing to set out my assessment of your complaint. In reaching my assessment, I have considered everything that you and HSBC have sent us.

complaint
Your complaint is about HSBC’s administration of your accounts, and the adverse information it has recorded against you with a credit reference agency.

circumstances
In 2008, you applied for a current ‘Plus’ account with HSBC which had a charge of £12.95 per month. You later applied for another current account. In 2009, you applied for a credit card and a current account overdraft of £200. These applications were initially declined but then accepted upon review by an underwriter.

In the following months, you had further credit applications declined, or credit limits reduced. Some of these decisions were overturned. You raised the fact that you had been the victim of identity theft with the bank, and this culminated in HSBC asking you in November 2009 to visit a branch with photo identification. You declined this request.
On 11 March 2011, the bank wrote to you and said that it was closing your three accounts in 30 days time. One of the current accounts had an outstanding balance of £501 in July 2011, and as this was not repaid, the bank instructed its Metropolitan debt recovery department to pursue the debt. In recent months a number of monthly payments on your credit card have been missed. You raised a complaint, which HSBC responded to in writing on 7 April 2011. As you disagreed with the response, you referred the matter to this service for independent assessment.

findings
I have separated my findings into the different issues that you have raised in your complaint.

administration of your accounts between December 2008 and November 2009
You are disappointed with the way in which, on a number of occasions, HSBC removed, reduced, or refused to offer credit facilities on your accounts. I accept that, in all likelihood, it did this because of adverse information on your credit file which has since been discovered was connected to the identity theft.

Nevertheless, I cannot tell HSBC or any other bank whether it should or should not offer banking services. HSBC’s decision to reduce overdraft and credit limits for any of its account holders is a commercial issue which we cannot interfere with – even if the decisions are based on an account marker that was placed there mistakenly.

With respect to the proposed meeting with Mr Bouchard in November 2009, I am satisfied that you were the victim of identity theft. Nevertheless, under such circumstances it would not be appropriate to tell the bank what steps it should have taken in order to satisfy itself concerning the identity of its customers. HSBC asked that you should attend a meeting at its branch to attempt to resolve the confusion surrounding the linked addresses. I do not believe that it HSBC acted unfairly by requesting this.

closing the accounts
You wrote that the bank closed your accounts through no fault of your own. Whilst I appreciate your frustration with this, HSBC is under no obligation to continue offering facilities to any of its customers. I cannot tell the bank that it should not have closed your account, or that it must reopen it again. I can consider whether you were caused a disadvantage, or if it acted unfairly, in the way that it closed your current accounts. You consider that, when HSBC wrote to tell you it was closing your account, it did so knowing that you had gone abroad, and that it should have given you more notice than it did.

In my opinion, under the terms and conditions the bank was obliged to allow two months notice (starting from 11 March) before closing the current accounts. However you addressed the impending closure in your letter of 29 March, by suggesting that the bank cancels the closure, as you do not believe it acted correctly by doing this.

Having considered the wider circumstances of the complaint, I cannot safely conclude that the outstanding balance would have been repaid in time, had the bank provided the contractual notice period of two months. It would not be appropriate to recommend that the bank removes adverse credit reference information applied in respect of the current accounts, as it is reflects the history of the accounts.

The current Plus account
You said that you did not consent to a fee paying account. HSBC has said that the account was not mis-sold, and that you were aware that this account was optional. In my view, because the account was applied for online, it seems reasonable for me to conclude that the bank provided sufficient information about the cost of benefits of having such an account. I am not persuaded it was mis-sold.

You said that you told the bank to downgrade the Plus account in April 2010, as you were no longer willing to pay the monthly £12.95 fee. I can see that you wrote in January 2010 and said that you had a fee paying account, where you had not used the benefits. In a letter you wrote in April 2011, you requested that the bank refunds the fees that you had paid. However, because I do not consider that the account was mis-sold I do not agree that the bank is obliged to offer a refund of those fees.

the credit card account
Statements for the credit card accounts show that the bank did not receive monthly minimum payments from May 2011 onwards. I understand that this has led to adverse information being added against credit card on your credit file.

You state that you could not make credit card payments as your current account had closed and therefore the direct debit making minimum payment had stopped. Although I recognise that payments were no longer being made automatically, I cannot tell HSBC that it was wrong for closing the current account. Payments were still required on the credit card, and the bank does have the right to inform credit reference agencies on how its customers are maintaining their accounts.

For this reason, I do not consider that HSBC is incorrect where it has recorded missed credit card payments on your credit file.

conclusions
I am sorry to hear that you have been the victim of identity theft, and I acknowledge that this appears to have initially caused your difficulties with HSBC. However, I do not believe that the bank acted incorrectly or unfairly in its management of your accounts, or the information that it has recorded on your credit file.

Because of this, I have to tell you that I am unable to recommend that your complaint should be upheld. I appreciate that this is likely to come as a disappointment to you. I know that this is not the outcome you were hoping for. But I hope that my explanation has been helpful in setting out clearly why I have taken this view.

However, if you disagree with how I have reached my conclusions, please contact me by 4 January 2012 – telling me your reasons and including any evidence that you have not already provided and that you think is important to your case. Please let me know now if you plan to reply fully but do not think you will be able to meet that deadline. Please note that I will be away from the office until 29 December 2011. However I will reply to any response I receive on my return.

As we explain in our leaflet, your complaint and the ombudsman, consumers have the right to ask the ombudsman to review their case – as the final stage in our process. But if we do not hear from you by 4 January 2012, we will take it that you have decided not to pursue the complaint further.

Yours sincerely

[Removed]

My shocked response at this bull-shit

[Removed]

I am disgusted and outraged. You have just proved you are pro-bank and I will now speak to my friends at the National Press with this joke.

As you know I recorded my call with you last week and clearly you state "I agree that HSBC have acted unfairly"

I would like your managers name and also demand someone senior listens to our chat of last week.

Point of fact, I write in April and say stop charging me yet they are still charging me yet you agree with the bank? Ermm ok, please explain?

You state that I applied online yet you forgot to mention the meeting in branch a day later as the online application was rejected? On the phone you were also happy that the branch told me I must take the fee paying account.

Had the bank not charged the £12.95 since April I would not be overdrawn - what about the fact they issued a default in the same month as the account was closed, they have to by law give at least 14 days to rectify (s.87 & s.88 CCA1974).

Richard, I suggest you reconsider this as I will not rest at your poxy pro-bank decision. You make me sick after the call we had to then write this nonsense.

How much are HSBC paying you?

Niddy

Edit - additional letter to team manager: ---> allaboutFORUMS - View Single Post - Niddy vs HSBC

[PlanB]

Re: Niddy vs HSBC

I don't know what to say Niddy except a friend of mine had her complaint rejected by the FOS so she contacted the CEO of Legal & General to remind him that she worked for the Daily Newspaper with a circulation of over 3 million. A week later a cheque for £68k arrived in relation to a missold investment. I think it's time to do this your way.

I also had a complaint rejected by the FOS last week about a mortgage hassle. I called up the adjudicator's manager to point out the flaws. A few days later I got a letter from the daft adjudicator in which she thanked me for the "new information" and said she would now be investigating further and had withdrawn her initial conclusions. Her boss obviously bollocked her for not doing her job properly first time round.

By-pass this idiot

[garlok]

Re: Niddy vs HSBC

The only thing I would ask, PlanB,is why should we have to by pass these cretins. They are paid good salaries and bloody pensions (witness the current row over public service pensions) to do their jobs as public servants properly. They need reminding very firmly that they are just that --- servants---- of us the tax paying public. They are not there to act as lickspittles, to quote Hansard recently, to which ever bank or financial institution is greasing their grubby litttle palms with thirty pieces of silver.

I do not know of ONE single regulator in any field that does its job properly and perhaps a few public executions of public servants will remind them of their place in society.

regards
Garlok

[pompeyfaith]

Re: Niddy vs HSBC

Problem with the FOS is they are not truly independent and draw a lot of there funds from these very banks. I believe that they take a softer line with the banks because they are paying the fees and think we the consumers should not have a ride for free.

I had to fight tooth and nail to get the fos to uphold my complaint and had I have accepted there first response I would have lost.

What a load of bollocks that letter is and more to the point how can HSBC be right when you were a victim of ID theft.

Regards

[oscar]

Re: Niddy vs HSBC

I lost my complaint with FOS, but that was more to do with the fact that I told them what to look at, what to do, what regulations and recommendations had been breached (including ones laid down by FOS) and basically what the outcome of their response should be!!

Niddy has seen the letter and called me an idiot for writing it in so much detail (but I was right!)

[jen_br]

Re: Niddy vs HSBC

Crazy what a turn of events!

[PlanB]

Re: Niddy vs HSBC

I dialled Richard Jones' voicemail out of curiosity. I wanted to know if hearing his voice would give me any clues as to whether he really is more than 5 years old because he seems to have trouble with understanding the basis of your complaint. He says he's now on holiday until the end of December. Just as well becuase when the shit hits the fan he needs to be far far away

[helmsman]

Re: Niddy vs HSBC

I don't know what to say Niddy except a friend of mine had her complaint rejected by the FOS so she contacted the CEO of Legal & General to remind him that she worked for the Daily Newspaper with a circulation of over 3 million. A week later a cheque for £68k arrived in relation to a missold investment. I think it's time to do this your way.

I also had a complaint rejected by the FOS last week about a mortgage hassle. I called up the adjudicator's manager to point out the flaws. A few days later I got a letter from the daft adjudicator in which she thanked me for the "new information" and said she would now be investigating further and had withdrawn her initial conclusions. Her boss obviously bollocked her for not doing her job properly first time round.

By-pass this idiot

Hi
I too have a complaint with the FOS regarding mortgage they will not engage with my solicitors untill they reach a decision, they have said the bank have provided new evidence but will not disclose untill after they have made a decision my solicitor says they are useless. Strange thing is did a SAR to the bank provided all evidence to solicitor and FOS so how can there be new evidence that they will not disclose. (back to court me thinks).

[pompeyfaith]

Re: Niddy vs HSBC

Helmsman,

You will no doubt find that the bank has not disclosed everything to you under the SAR very few banks do after all they have to protect there own interests and if that means holding information from a SAR so be it.