HSBC CC. refused to take payments! how to claim compensation & the truth

[Mrsshe]

Hi, can you please advise. HSBC Card started to build a case against me by their sudden attacks. For months they gave assurance that my account was not blocked, however, each time I used my card, they denied transactions. They then stopped sending me statements to make my account go to negative, they claimed they had sent statements! I found out what the ourstanding balance was on the automated system.

 

They bounced back my attempts to make payments via internet - I made around £80 more than I owed. They then started to harass me by telephone and several letters from their Recovery department. I wrote several times to them and all tel conversations and tel call logs are documented. Eventually I made the same payment at their branch. I wrote them my last letter warning them that I would inform the media of their conduct. I also kept sending the Ombudsman copies of all correspondence and informed HSBC of it.

 

The Ombudsman had not come back to me to even confirm receipt of docs. However, this time, the Ombudsman returned my documents to me and asked mr to fill a form. HSBC, in response - I had posted my letters to 5 departments involved - accepted my payment. They send a dubious letter, apologising and accepting errors but..

 

They have reduced my credit amount by half and have not put it right. Based on so many lies, I can not believe they had not distorted my credit records. They say that they returned my payments because the amount was more than outstanding balance, they claim it it their rules.

 

I have always made extra payments to all my credit cards including these guys. Surely that is rubbish. Besides, they because gave assurance that my account was not blocked, they put me in a terrible position where each time I attempted to use my card I found it blocked.

 

At the time I did not have another card to use so on each occasion I was taken off guard and unprepared. As the result I had to use a debit card connected to my current account at a different bank. This resulted in overdrafts and many charges and penaulties. It is their fault, I lost money and surely that must have affected my credit records.

 

 

How can I challenge them? They have lied so much and I need to verify those and put them right. I also want to challenge their nonsensical claim regarding their refusals to take money. Through their actions since November they cause enormous distress to me. I warned them about their unreasonable telephone calls against my instruction to write to me and as the result of all these, I ended up with serious deterioration of my health - I ended up at a cardiologists urgent consulting rooms.

 

 

Please advise me how to respond to these guys. The Ombudsman wrote today, stating that they have contacted HSBC and everything should now be resolved, that is not true. How do I deal with both HSBC and Ombudsman? Should I now complete their form, or should I carry on by myself as before. I would like to resolve this matter quickly, so would completing the Ombudsman's form jeopardise my immediate options and, in case I need to court, would this cause delays or adverse affects?

 

 

I have given a very brief of the problems but they truly resorted to such unprecedented and devious actions for no good reason as far as I am concerned. I have always been an impeccable customer - they admit it too - yet for some reason they selected me for their shameful schemes. I really need advise urgently as I need to reply to their letter.

Many thanks:

Edited September 19, 2011 by citizenB
Have put some spacing in to make reading easier :)

[rebel11]

Hi MR

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

The first thing to do is send HSBC a SAR request (Template in the library) they will send all the data on your account, they have 40 days to respond, you will have to send £10. Build your case around the facts.

[Mrsshe]

Hi rebble11

Great joy, I'm a new one to this and am so glad I've managed,at last, to set up a thread and receive your reply.

I think I made a mistake in setting up a name here, I am in fact Mrs She

I look forward to hearing guy's advice. Just got the £10 money order arranged to send out. ta

[citizenB]

Hello Mrsshe.. Once you have received your Subject Access Request, you can look through the data and hopefully see where the problem lies.

 

If you are making a complaint to the Ombudsman then you should leave any thoughts of court until they have responded to you.

 

Make sure that any letters you send, either to the ombudsman or HSBC are sent via a tracked service.. either Recorded or Special Delivery and DO keep the receipts with your copies of any letters sent.

[Mrsshe]

Hi CitizenB

Thank you ever so much for your reply. I won't take it further with the Ombudsman for the time being. Question is should I also get my records from the 3 CAs? would it affect anything? would it make me give more information than they already have? Should I apply to them online or is it better to write to them. I read that nevertheless, they would send me additional forms to complete. The alternative route is to wait for results of SAR and see details from that end, which would you suggest considering that my time is up and I am to reply to HSBC's last letter to ask them why they have reduced my credit limit by half. In addition I need to challenge their reply as to why they bounced the money I send them twice. At the moment they say it would have put my acct balance into credit!

I will be most grateful if someone could tell me if they can make such claims and, if so, how should I challenge them.

 

Please please can I have more speedy responses fro you guys out there....

Edited September 27, 2011 by Mrsshe

[citizenB]

There is no harm in obtaining your records from the 3 Credit reference Agencies. In fact it would support your claim if there is any adverse reporting on them.

 

You can do it online, I think you have to pay for them, around £2.00 per copy. Or you can go to CallCredit who have a free service. All though they do apparently ask for credit card details, no money is taken.

[Mrsshe]

Hello Mrsshe.. Once you have received your Subject Access Request, you can look through the data and hopefully see where the problem lies.

 

If you are making a complaint to the Ombudsman then you should leave any thoughts of court until they have responded to you.

 

Make sure that any letters you send, either to the ombudsman or HSBC are sent via a tracked service.. either Recorded or Special Delivery and DO keep the receipts with your copies of any letters sent.

 

Hi, there again,

many thanks for your reply. I wrote to HSBC to ask for my SAR, sent them postal order for £10, I wrote in the back "for SAR purpose". In my request, I copied SAR sample from our forum to list details I required.

However, after a week, they have replied "your Data Access Request" will be forwarded.

Is this the same as SAR, or something less comprehensive? what shall I do now?

 

I've had a number of correspondence with HSBC since I last wrote. In their last reply - throwing £100 compensation at me! says it will be their last- they continue to be twisting and fabricating facts and figures. It seems I have to start thinking about going to court now. Would it be of any use if I forwarded my file (50) pages to BBC Watch dog now?

 

So sorry to trouble you again, looking at other threads, I see that some people have completed s form for their SAR, should I have done so, or was it ok as it appeared as part of my correspondence to them.

Another thing that worries me is that I have sent my request to the Resolution/Quality team departments and NOT the address given on some threads. Does it mean that I have to do it again, or would this be passed on to the right department?

Thank you so much for your help, I am a novice and trying to educate myself and take the right steps- IAM scared!

Edited October 15, 2011 by Mrsshe

[citizenB]

Yes, DSAR is the same it means Data Subject Access Request.

 

Your request should have already been forwarded to the correct department, if the one you sent it to is incorrect. However, you have had a response so it means they HAVE received it and are dealing with it.

 

There was no need to complete a form.. your letter was sufficient.

 

In respect of your not having received any confirmation from the FOS. You can send them an email. If you put the date your complaint was sent and if you sent it by a tracked method, the tracking number.. then they should be able to find it for you.

[Mrsshe]

Yes, DSAR is the same it means Data Subject Access Request.

 

Your request should have already been forwarded to the correct department, if the one you sent it to is incorrect. However, you have had a response so it means they HAVE received it and are dealing with it.

 

There was no need to complete a form.. your letter was sufficient.

 

In respect of your not having received any confirmation from the FOS. You can send them an email. If you put the date your complaint was sent and if you sent it by a tracked method, the tracking number.. then they should be able to find it for you.

 

hello citizenB,

I have now received a letter by senior manager of 'Final Response Team' at HSBC.

I have also heard from OFS, returning my copies of correspondence with HSBC. A case has not been formally set up with them as I have not completed their form however, they have had an initial contact with HSBC.

OFS received the same false information and fabrications from HSBC as I have. HSBC have deceptively called all outstanding issues "resolved".

 

At this point, I am keen to resolve this matter quickly rather than officially referring it to OFS, for that, I am thinking of taking legal action and, I wonder if I could trouble you with some advice.

 

I am not in dispute for any debt. MY AIM IS TO PREDOMINANTLY BRING HSBC'S UNACCEPTABLE AND UNLAWFUL CONDUCT INTO THE PUBLIC ARENA, AND HOPEFULLY, TO AFFECT 'SOME' CHANGES.

 

I have had the ability and skill to confront them from the outset. In order to defend myself against their rapid campaign of fabrications, I educated myself MAINLY THROUGH THIS SITE. I believe that many can not do that. It is so easy to fall into traps when banks set out to fabricate non-payment accounts.

I have never owed them money or fallen behind. I was utterly and completely innocent.

 

In taking action, I also aim for a substantial compensation as I believe it would be the most effective way to make them admit to their unlawful and unethical behaviour.

Despite HSBC's refusal to further correspond with me, I would like to write a short reply to convey my rejection of their investigations and so called "resolution of all issues". I am afraid I can't find a template for it. Is this the so called 'letter of Intent'?

 

I am planning to approach this action from 2 angles, human and legal.

Legally, they have incriminated themselves in many ways, documents I hold seem to show the following:

 

-Intent to fabrication

-Deliberate misrepresentation of facts causing person to suffer damages

-Systematic rejection of valid issues

-Defective search and investigation and further deliberate failure to take measures

-Suppress and conceal facts and evidence from consumer and OFS

-Entrapment

-Harassment

-Failure to protect consumer's personal and financial data

-Log Disputed late payments and the resultant outstanding debt with CA.

-Log Disputed debt and the resultant reduction of credit limit with CA.

-Continual manipulation of figures for the benefit of the bank

 

From the Human angle, I have problem in figuring out what is relevant and how to turn them into a basis for compensation.

 

Financially, had I not fought vigorously, I would be having a non-payment debt account for just under 5k and would have suffered the consequences with my credit records. However, I suffered minimal amount of late penalty and interest charges which are still in dispute.

 

Nevertheless, I have endured enormous amount of distress.

Deceptions caused numerous traumatic situations. I have documented instances of serious emergency visits to seek medical help due to unprecedented trauma and stress.

 

HSBC threw me a £20 goodwill gesture in July and, then accounted it as part of their refunded charges.

In their last and final letter whilst continuing with deceptions and twisting facts, have thrown another £100.00 at me.

I am offended and would like to reject that. Can I?

 

Ideally, I would like to ask for the highest compensation figure one could.

The higher, the better for me personally. In addition at some point, I intend to inform the public of their shameful conduct. A large figure would draw public's attention more effectively. The question is, should I give a figure and openly ask for compensation in my letter of intent?

 

Do you think I have any grounds? Has this been done before, if so where can I find information. This is a huge fight, I know!!

 

PERHAPS OTHER FRIENDS AT CAG WOULD LIKE TO JOIN ME?? OR ADVISE?? PLEASE

 

Thank you very much for your patience, I hope I haven't broken CAG rules with this long message.

Edited October 20, 2011 by Mrsshe

[Mrsshe]

Yes, DSAR is the same it means Data Subject Access Request.

 

Your request should have already been forwarded to the correct department, if the one you sent it to is incorrect. However, you have had a response so it means they HAVE received it and are dealing with it.

 

There was no need to complete a form.. your letter was sufficient.

 

In respect of your not having received any confirmation from the FOS. You can send them an email. If you put the date your complaint was sent and if you sent it by a tracked method, the tracking number.. then they should be able to find it for you.

 

Hi, citizenB

I requested SAR from HSBC. Now I have two problems.

Despite many correspondence sent to my home address, they have become difficult with sending SAR documents.

 

They insist I should collect them from a branch with my passport.

My problem is that, the last time I visited their branch to collect some papers - not connected with current case, they gave me a hard time. I had taken a folder of previous correspondence together with my passport. They would not release papers, saying that they had doubts with my signature!

So at any cost, I would avoid a repeat of that. I have pointed out their various correspondences, giving reference numbers. I insist they should send the papers with recorded delivery - if they are unhappy with my ID, then they must have been negligent with previous documents sent. So far, we are haggling.

 

In addition, I don't think it is to my benefit to have verbal contact with them. They have proved to be dishonest and decietfull.

 

My other problem is that while the haggling goes on, they have also written separately claiming they could not provide complete documents as "they currently do not have access to one of their sources! - whatever that means!

 

I have pointed out that it is now more than 50 days since I asked for SAR and they are in breach of the law.

 

MAY I PLEASE have your advice. what can I do? Do I have a leg to stand on?

many thanks for your advice.

[Old Cogger]

Sounds familiar!!

[Old Cogger]

Something like: - Due to a system problem in one of our business areas, we are still awaiting some information. I am unable to provide time scales being resolved and I apologise for any inconveniance caused. by any chance??

[citizenB]

Hi, citizenB

I requested SAR from HSBC. Now I have two problems.

Despite many correspondence sent to my home address, they have become difficult with sending SAR documents.

 

They insist I should collect them from a branch with my passport.

My problem is that, the last time I visited their branch to collect some papers - not connected with current case, they gave me a hard time. I had taken a folder of previous correspondence together with my passport. They would not release papers, saying that they had doubts with my signature!

So at any cost, I would avoid a repeat of that. I have pointed out their various correspondences, giving reference numbers. I insist they should send the papers with recorded delivery - if they are unhappy with my ID, then they must have been negligent with previous documents sent. So far, we are haggling.

 

In addition, I don't think it is to my benefit to have verbal contact with them. They have proved to be dishonest and decietfull.

 

My other problem is that while the haggling goes on, they have also written separately claiming they could not provide complete documents as "they currently do not have access to one of their sources! - whatever that means!

 

I have pointed out that it is now more than 50 days since I asked for SAR and they are in breach of the law.

 

MAY I PLEASE have your advice. what can I do? Do I have a leg to stand on?

many thanks for your advice.

 

Hmm, righto, well they are at liberty to ask you to collect from a branch with proof of identity. As they are over the 40 days, then you could make a complaint to the Information Commissioner.. but like the FOS.. this takes time.

 

I will try and hunt down someone with more knowledge in this respect for you.

 

BRB..

[citizenB]

Hi, citizenB

I requested SAR from HSBC. Now I have two problems.

Despite many correspondence sent to my home address, they have become difficult with sending SAR documents.

 

They insist I should collect them from a branch with my passport.

My problem is that, the last time I visited their branch to collect some papers - not connected with current case, they gave me a hard time. I had taken a folder of previous correspondence together with my passport. They would not release papers, saying that they had doubts with my signature!

So at any cost, I would avoid a repeat of that. I have pointed out their various correspondences, giving reference numbers. I insist they should send the papers with recorded delivery - if they are unhappy with my ID, then they must have been negligent with previous documents sent. So far, we are haggling.

 

In addition, I don't think it is to my benefit to have verbal contact with them. They have proved to be dishonest and decietfull.

 

My other problem is that while the haggling goes on, they have also written separately claiming they could not provide complete documents as "they currently do not have access to one of their sources! - whatever that means!

 

I have pointed out that it is now more than 50 days since I asked for SAR and they are in breach of the law.

 

MAY I PLEASE have your advice. what can I do? Do I have a leg to stand on?

many thanks for your advice.

 

Hmm, righto, well they are at liberty to ask you to collect from a branch with proof of identity. Would you be able to take an independant witness with you?

 

As they are over the 40 days, then you could make a complaint to the Information Commissioner.. but like the FOS.. this takes time. I hesitate to say that you could or should take legal action against them.. unless of course their demand for you to collect information from the branch came after the 40 days!

 

I will try and hunt down someone with more knowledge in this respect for you.

 

BRB..

[Old Cogger]

Something like: - Due to a system problem in one of our business areas, we are still awaiting some information. I am unable to provide time scales being resolved and I apologise for any inconveniance caused. by any chance??

 

ICO have just e.mailed me and requested all the correspondence from me from both sides.

[citizenB]

Have flagged your thread for attention of site team and reallymadwoman, who has had a serious run in with the FOS a while back. Hopefully they will be able to help further.