HSBC refuse to refund debit card fraud

philD_2

Agricolae wrote: »

It may well be contrary to the Data Protection Act (or simply be risky business) for the bank to hold that kind of information (depending on where it is stored and for what purpose). I know it sounds silly but let's say HSBC had PhilD on some kind of "blacklist" because he had taken them to court, and that by virtue of being on this blacklist, HSBC were less inclined to take his fraud claim seriously.

PhilD could submit a Subject Access Request and the bank would have to provide him with a copy of all information held by them which was personal to him. His presence on a blacklist would certainly constitute personal information and if it was possible to prove a link between this list and HSBC's treatment of the fraud case then it could cause problems.

What I do know is that after speaking to the fraud dept at HSBC and explaining the events, I was put on hold for approx 30 secs whilst someone decided if to refund or not (at that point). 30 secs was not sufficient time for this case to be comprehended by someone else and for them to make a refund decision based on my description of the events - they based their refund decision on OTHER information quickly available to them.

With regards to the SAR, thanks for your input but to be honest I very much doubt that a company would release information requested via a SAR without first making sure that such information didn't implicate them in any wrong doings!

Basically what I'm saying is that managers at large organisations will request data technicians to change data released should such data have negative implications for that organisation. I've worked in IT and know this to be true!

innovate

Agricolae wrote: »

It may well be contrary to the Data Protection Act (or simply be risky business) for the bank to hold that kind of information (depending on where it is stored and for what purpose). I know it sounds silly but let's say HSBC had PhilD on some kind of "blacklist" because he had taken them to court, and that by virtue of being on this blacklist, HSBC were less inclined to take his fraud claim seriously.

It would be quite ridiculous if the DPA prevented a commercial organisation from holding data about a specific customer relationship. In any case, philD couldn't possibly be unhappy for HSBC to know about the Court Case since he has published this information himself, out of his own free will, on an Internet Forum.

innovate

callum9999 wrote: »

As I said before, from my (and presumably HSBCs) perspective, if you refuse to report it to the police as stolen then it was never stolen.

I am confused - - I thought philD did report the matter to the police?

philD wrote: »

As per my account of the events - I did contact the police the same day!

EDIT: Ah, un-confused now! Found this

philD wrote: »

A police officer came to see me - I explained all of the above and they took notes. They then asked if I wanted to make a formal statement and to be honest I decided to have a think about it.

meer53

The OP won't be on any blacklist but full details of any conversations or actions taken regarding his account will be on view to any member of HSBC staff who accesses his account. This would include any court case but this wouldn't make any difference to their liability decision regarding what has happened, unless it involved similar circumstances.

philD_2

Just to let you know, HSBC have now refunded this transaction. This case was a little different from the norm but thanks goes to HSBC for 'weighing up' the evidence and deciding in my favour.

Thanks to all the people who have posted positive comments.

ihateyes

philD wrote: »

Just to let you know, HSBC have now refunded this transaction. This case was a little different from the norm but thanks goes to HSBC for 'weighing up' the evidence and deciding in my favour.

Thanks to all the people who have posted positive comments.

cool, so you can put the letter they sent minus your personal details to show us????

philD_2

As i said ,thanks to all the people that posted positive comments!