HSBC the story so far

[jessicab]

Having been provided with bank statements with no trouble I have requested charges of around £110 to be returned using the template in the Library. This actio has been refused by HSBC with a letter advising that the contract between the bank and its customers is governed by their Personal Banking Terms and Conditions. In particular they refer me to a clause 7.11 in section 2 which details that if I authorise a payment which would lead to the account going overdrawn or over an agreed overdraftment limit then the Bank can charge a fee for the service provided whilst they consider to make the payment or not. They then refer me to their published price list for charges and ask me to refer my complaint to the Financial Ombudsman. Do I now refer or reply to HSBC and copy on the Ombudsman?

[Spiceskull]

I had the same letter, making reference to the same clause: my argument against the line was that I DIDN'T authorise the payment, the bank's automated systems did. All I did was REQUEST the payment...I haven't heard back yet...

 

Also, whilst they say the contract is governed by their Ts&Cs, this is complete hogwash. It is subject to UK law, and therefore if they want to take that stand they need to demonstrate that it is a lawful contract.

 

Regarding the Ombudsman - this is a stalling tactice being used by the banks. Suggest that if you do write back to the bank, and you are not obliged to, you include something along these lines:

I thank you for the furnished information regarding the Financial Ombudsman Service. Whilst I fully intend to raise this issue with the Ombudsman, I realise that I am able to do this in my own time, and will do so once the issue has been resolved to my complete satisfaction. I understand the bank's intention in offering this route to resolution, and am fully aware that this is merely a diversionary tactic, designed to stall my timetable, and to undermine my determination to seek full financial restitution for the inconvenience this has caused me.

[dave]

Did the letter you sent give them 14 days to pay up or else?

 

If so, then they are not leaving you any choice - start proceedings via the moneyclaim.gov.uk site.

 

You will soon get your money back then.

 

It's amazing how that action changes their mind regarding their T&C's.

[jessicab]

This topic was closed on 03/07/19.

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