HSBC have declined, next steps...

IWantToBeFree_2

I have been helping my sister do some PPI reclaims on hers and her finaces credit cards/store cards. Everyone else has paid up, but HSBC have sent a letter today saying they won't.

Their reasons are as follows:

At the time you purchased the Cardholder Repayment Protector it was HSBCs process to provide you with ta Product Information Pack and a Policy Document, which explained how the policy worked together with the claims procedure. The literature also confirmed the costs associated with the plan.

I also wish to bring to your attention that the Product Information pack confirmed that you had a period of 30 days in which you had the right to cancel the Cardholder Repayment Protector. This provided you with time to read the Policy Document and to raise any queries you may have had with the plan, or to change your mind and not proceed with it.

I am sorry to learn you felt pressurised into buying the Cardholder Repayment Protection, However, I would reiterate that Cardholder Repayment Protection is an optional policy and if you were unhappy with the product you could have cancelled the protection at any time.

I note that you are concerned that the sales person had no financial background. in response, I would like to reassure you that before selling HSBC products, all HSBC staff receive extensive training. In addition, HSBC staff also participate in an ongoing coaching process to ensure that they provide customers with the best possible customer care.

Consequently, I consider adequate steps were taken to advise you of the main features and claim proceedures of your Cardholder Repayment Protector Plan. I am therefore unable to agree to the refund of your premiums that you seek.

Regrettably, due to the passing of time, the original application has not been located by the your branch. However, I can confirm that it is not Bank proceedure to issue insurance without the appropriate documentation being completed.

I would also point out that preniuns paid in respect of the plan have appeared on your statements since 2004. Since this time we have no record of you contacting HSBC to query the insurance or that you considered the plan was mis-sold to you.

Their reasons all feel fair enough - aside from the fact that they have said that they have had no record of her contacting them - she did last year, wanting to cancel it, and they wouldn't let her do it over the phone (unlike the other providers).

The red rag is that they don't have any proof that the PPI existed - I imagine that this means they also don't have the CCA either. She isn't interested in the slightest in trying to go down an unenforceable route re the credit card, just would like to get the PPI back.

She fully believes that she was mis-sold as they told her that she wouldn't get the card without taking it - interestingly, they haven't even commented on this point in the letter.

What do you recommend the next steps should be? They mentioned the Ombudsman, but is this further down the line?

Oh, she also has an overdraft with HSBC that she uses, its not a large overdraft - would complaining further damage her relationship with the bank and them respond by pulling her overdraft?

di3004

Hi there

Sorry to hear this, but its not the end yet, despite what they have stated.

They should oblige to a SAR (Subject access Request) and written transcripts should be included as well.

I understand that your sister have requested for a CCA, did they return the £1 payment for this?
If the account is still active they should still hold the details on this.

If this was taken out the last 5/6 years then they should with a SAR request supply all they hold on the account, by 40 days with a payment of £10 postal order or cheque payment, if they do not supply the SAR they should return the payment with a letter to explain.
If you send a SAR, post by recorded delivery as well, for proof of posting.
SAR letter template here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553

Apologies if you have already done this.

And of course if that was not the final decision, you can write back and ask them to look again and reconsider.

If they do not do this then move on to the FOS, just as long as you have the account number that will be fine, and then maybe SAR info will be useful as well, to back up the complaint.

Hope this helps.;)

di3004

Sorry I should have also wrote this in my above post.

They should let you know if you have the opportunity to write back to them, to request they reconsider, and if you have further information to give, if they mention the FOS then you do have the rights then to move this on to them.
The banks normally have 8 weeks in full to give a decision.

If your sister wants to do this now, you can do this by either ringing the FOS for a complaints form to send through the post or you can download and print one from their website.
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Remember to enclose the copy of the letter received from the bank as well, and any supporting evidence your sister may have.;)

IWantToBeFree_2

She didn't request a CCA in her original letter - it was brought up by them unprompted, personally I thought it was strange that they chose to mention that, because like I say, until I read that bit, we were looking at just accepting defeat and moving on.

Do you know how the Ombudsman would view them not having the papers they signed for it?

They didn't say it was their final decision, they did say that if we had anymore evidence then they would consider it, but not sure what else we can add other than what we have already stated.

di3004

IWantToBeFree wrote: »

She didn't request a CCA in her original letter - it was brought up by them unprompted, personally I thought it was strange that they chose to mention that, because like I say, until I read that bit, we were looking at just accepting defeat and moving on.

Do you know how the Ombudsman would view them not having the papers they signed for it?

They didn't say it was their final decision, they did say that if we had anymore evidence then they would consider it, but not sure what else we can add other than what we have already stated.

I see.

Right maybe then it would be best (if your sister wants to) request a SAR, they must hold something.
If they do not supply anything then, you can contact the Information Commissioners office (ICO) to complain to them on the data side of things, as your sister is entitled to her own information on her account(s).
In case you need to do this, contact details here:
https://www.ico.gov.uk/Global/contact_us.aspx
They should be able to give some advice on this or may act on your sister's behalf to get the info.

The FOS looks at both sides, so personally if your sister can try to get hold of some info from the SAR, this should help strenthen her case, where some useful info may be enclosed within the SAR.

They have 40 days to comply, then check what comes back and see if there is anything useful, if so then use this against them in the following letter where they should provide the final decision.

You have 6 months then as from the final decision to take to the FOS, then enclose all evidence with the complaint form, maybe this would be the best option here.;)

What I would like to point out is, that what they have stated as you posted in your first post, the response is basically a standard one where most of us receives this.

And many used to think that PPI was all part of the finance, I did, I used to think that insurance was all part of credit cards and loans, because it was never explained to me, then I did not know any different, and also used to assume if cancelled - I would have to cancel the whole lot and pay it all off in one go.
This may have been the same for your sister as well.

Does this ring the bell?

IWantToBeFree_2

Didn't have to do a SAR in the end, a phone call sufficed, they re-opened the complaint and my sister has had a letter today offering her a full and final settlement - it doesn't include compound interest (well, they have rounded it up to nearest fiver) but she has accepted it. They made it clear that it was their final offer as a goodwill gesture, and she didn't want to draw it out longer than necessary.

Thanks to this site, she has now had over £2k back in premiums and is longer paying PPI on any of her products which is also saving her a fair bit monthly so thanks very much to everyone that has helped!!

di3004

IWantToBeFree wrote: »

Didn't have to do a SAR in the end, a phone call sufficed, they re-opened the complaint and my sister has had a letter today offering her a full and final settlement - it doesn't include compound interest (well, they have rounded it up to nearest fiver) but she has accepted it. They made it clear that it was their final offer as a goodwill gesture, and she didn't want to draw it out longer than necessary.

Thanks to this site, she has now had over £2k back in premiums and is longer paying PPI on any of her products which is also saving her a fair bit monthly so thanks very much to everyone that has helped!!

Wow, well done, you should also be very proud of yourself for helping your sister through this :T:T
Congratulations to your sister, great news X