hsbc

rachel6188

hi all,
iv got a problem and i dont know what to do....my mum has took a overdraft out in my name without my knowledge....i found out through my credit report....i myself do not have any debts.
its a tough situation as the bank have said if i dont claim responsiblity they will have to prosocute.
i dont know anything to do with what the money was spent on etc and i need to know how to get all info?
can i request all info from the bank or what should i do?
im not speaking to my mum because of this.
i let mum get her money paid into the account and whilst iv spent the last 3 and half years continously in hospital she took out this overdraft from what the bank said. basically iv got no chance of getting a penny from my mum and this is the only debt on my credit report.
they said the od was originally £500 and its now at £603.
:mad: i feel sick to the stomach but im not going to get my mum prosocuted....iv cut contact and for the moment physically and mentally i cant deal with her.
sorry to ramble my head is everywhere.
thanks everybody
rach xox

myothercarisaferrari

You'll have to pay it I imagine

I'd call the police about your mumm if only to give her a warning. It's fraudand how a mother can do that to her own son/daughter is beyond me

rachel6188

that is whats hurts so much that she has done this xox

GeorgeUK

I'm afraid there really isn't much you can do.

As it is fraud, the banks fraud department may require a police action number. If you don't report it as fraud, you may need to take responsability for the debt.

As there is no written agreement for an overdraft, there is no way you can prove that you did not take out the debt. Would it have been possible for you to do this while you were in hospital? If not, call the bank and ask what the status is of the account (to see if there is anything flagged up on it or a note on the computer) - you may be able to write to them stating that you were in hospital at the time and could therefore not have opened taken out the overdraft and spent the money.

This may be a bit of a longshot, but that's all i can think of.

Hope you're getting better and hope your mum is somehow able to make this up to you.

rachel6188

i wasnt actually living at the address the overdraft was taken out at...does that make any difference at all.
it is such a hard thing to get my head round but il have to.
thanks for all advice can i ask the bank for all documentation to do with the account. and if so anyone got a template letter?
thanks
rach.

rachel6188

sorry to bump this up but i need to know if anyone knows what to do next??
thanks
rach x

BeautyandtheBeast_3

hi rach,

i wasnt going to post but i have thought about this at the weekend and i came to the decision that if i was in your shoes i would just pay the OD off and make sure that mom knew exactly how close she was to being done for fraud and that if she ever pulled a stunt like that again then i would have no problems shopping her. I would then change as much financial stuff as i could and passwords etc and never let her come into contact with any of your personal stuff. but thats me and i know that not everyone will agree. xx

scared1

Have you called the CAB? I imagine if anyone could help you with the legalities of this it would be them.

My personal opinion is that I would report it as fraud. Why should you suffer for something someone else did...I know this is blunt...but by not reporting it I would be encouraging her to do it again...her choice her consequences. This is my personal opinion.

If she arranged the overdraft over the telephone then they would have a voice recording I imagine of her arranging it...and if she made withdrawls I imagine they have her on CCTV withdrawing the money.

Good luck with this.

rachel6188

thanks for your advice both of you. il try and get a appointment with the cab.
mum has been told she ever does anything like this again i wont hesitate to contact the police.
can i contact the bank and ask for all infomation on the account? if so does anybody have a letter that i could send. the bank told me the od was for 500 but with charges etc its now rose.
thanks everyone
rach xox

GeorgeUK

You could send a subject access request (cost £10), which under the Data Protection Act allows you to a copy of all information the bank holds on you or for a particular account.

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

I enclose the statutory maximum fee of £10. This fee is to be used solely for the purposes of supplying the Subject Access Request. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

rachel6188

thank you so much for that il send it tomorrow.