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HSBC refuse to refund debit card fraud

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  • ihateyes
    ihateyes Posts: 1,326 Forumite
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    philD wrote: »
    PinkTeaPot

    My debit card was stolen - I did not give them the card. With regards to the PIN, I don't know how they got it - I can only assume that person J watched me enter the PIN at the Asda self service checkout!

    Phil the point is:

    You admitted to your bank, your card went missing at x time, and it took you until x time to report it.

    Simple.

    As far as HSBC is concerned you knew the card was out fo your possesion therefore its YOUR fault the money was stolen.

    If you had called the bank there and then the theft would not have happened.

    Simple.


    Im sorry some of us sound harsh but its reality.
    Its a hard lesson for you to learn, but one you will learn from.
    Promo codes are never always cheaper..... isnt that right EuropCar?
  • pqrdef
    pqrdef Posts: 4,552 Forumite
    edited 29 June 2012 at 9:38AM
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    philD wrote: »
    2. Have the bank looked at the video from the ATM
    Why would they? It makes no difference if it's not you on the video.
    philD wrote: »
    The bottom line is the card was stolen by person E.
    Strangest theft ever though. Your card was stolen in your house, without a break-in, and in your presence, and to your knowledge. Then you encouraged the thief to leave the house, still with the card. Then she returned the card by coming back to the house, probably carrying the cash, and you saw her but didn't open the door.


    The banks have a big problem. They have to rely on customers to protect cards and passwords and PINs, but the customers won't take it seriously, and they expect the bank to stump up every time.

    In fact some customers are deliberately cavalier. They wouldn't be seen dead concealing their PIN when keying it in, because that's only for scaredy-cats. Nobody will mess with me.

    If I were a bank, I'd take the view that it's not that hard to look after a card and PIN if you try, short of violence. If you're mugged at knifepoint or your house is broken into, fair enough. But if you can't be arsed to lock your wallet in a drawer when you've got visitors, as if it were a wad of cash, then you can't be arsed at your own risk.


    Have you got any insurance cover? What do they say? Or if you had any, what would you expect them to say?
    "It will take, five, 10, 15 years to get back to where we need to be. But it's no longer the individual banks that are in the wrong, it's the banking industry as a whole." - Steven Cooper, head of personal and business banking at Barclays, talking to Martin Lewis
  • bored_at_home
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    phil d you asked for advice, you have got it.
    argueing with every point of view on here is not going to change either what happened, or hsbcs decision.
    just accept you made a mistake, you knew the card was out your possession and delayed reporting it. ten minutes was enough for her to get to a cashpoint,its10mins too long. you are therefore liable. get over it! if you had rang and put a stop on the card the minute that girl left with your card you could have beat her to the cashpoint so to speak and it would have retained the card and refused the withdrawal.
  • philD_2
    philD_2 Posts: 88 Forumite
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    bored at home

    'ten minutes was enough for her to get to a cashpoint,its10mins too long. you are therefore liable. get over it!'

    If you read my post you would note that my mobile was taken - I was still looking for it when my card and mobile were posted through my letterbox.
  • antrobus
    antrobus Posts: 17,386 Forumite
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    liam8282 wrote: »
    OP what you have failed to consider is, anybody could reenact your scenario with friends in an attempt to defraud the bank......

    Which is very likely the conclusion that HSBC have reached in this case.
    ... by law that regardless of their polict all banks are obligated by law to refund all fraudulent transactions, less £50, no matter for how much.....

    Good point there, but it only applies to 'credit tokens'. A credit card is a credit token, a debit card is only a credit token if its used on an account which is overdrawn or which is taken overdrawn by any fradulent etc transactions.
    philD wrote: »
    Are HSBC being reasonable?

    If you're not happy with HSBC's decision, take it to the FOS.
  • missile
    missile Posts: 11,691 Forumite
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    The bank appear to have decided you did not take adequate care of your card and pin and in accordance with their T&C there is no requirement to reimburse you. If they did pay out in such circumstances then I am sure there are many who would deliberately fabricate a sob story to obtain money from the bank.

    If a friend stole all my money I would have no hesitation in reporting them, ..... unless I had something to hide. It is a serious offence to make a false statement to police.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • [Deleted User]
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    Although I agree with what people are saying regarding HSBC not being liable, I can also sympathise with the OP. I feel like a lot of people have just mindlessly reiterated what others have already said and need to get off their high horse.

    In regards to one post written above about locking a wallet in a drawer anytime visitors come round, i highly doubt this is something most people do. The wallet was on the OP it wasn't sitting out carelessly. Hence, he was able to tell straight away when it had been removed.

    He has also been bashed for not calling HSBC straight away. The OP stated that the 'friends' had stole his mobile. Was this his only access to a phone? Did he have a landline? If not then it would be difficult to contact HSBC before said 'friends' had returned his phone and card.

    Its also easy to say that the OP should pursue with charging them with theft, but then he has a better knowledge of their background than we do. The fact is there may be reprocussions to him charging them that are worse than losing £400 odd quid. The 'friends' know where he lives, they can easily make life hell a lot quicker than OP will get money back.

    No HSBC are not responsible, the OP is probably in no doubt that charging them would be the only way to get his money back, but then hindsight is a great thing.............
  • Mara69
    Mara69 Posts: 1,409 Forumite
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    I am gobsmacked that you let these losers out of your house with your bank card!!
  • [Deleted User]
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    Mara69 wrote: »
    I am gobsmacked that you let these losers out of your house with your bank card!!

    it was two against one, he may very well have had his head kicked in if he tried to stop them leave the house
  • philD_2
    philD_2 Posts: 88 Forumite
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    Letter going to HSBC asking them to reconsider - fingers x'ed.
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