hsbc using dirty tricks!!!!

playforth

on friday someone must have watched my partner type her pin code into a machine at the white rose shopping center, they followed her for an hour waiting for their chance, while she was in clarks getting our sons first shoes she had her bag stolen off the pram and within 15 minutes drew £350 from a tesco 1.5 miles away.
At first the bank put the money in for her but 2 days later rang her and said they dont believe someone would follow her for an hour and that she must have had the pin wrote down in her bag so they withdrew the money. she only had a £150 overdraft but for some reason the robbers managed to put it £200 over the overdraft limit. so now we are in a lot of debt with no way of paying bills like rent ect....
we are at a loss at what to do and i was hoping for some advice. I cant believe hsbc would do this to a young family with 2 young children, we had little money before and now we have nothing thanks to some scumbag.
Is there anything we can do to overturn his decision? he says his decision is final and all we can do is appeal when we get the letter

jonesMUFCforever

Start a formal complaint.
I'm sure that the Tesco will have aCCTV camera on that ATM - you won't be able to view it but the police will.
Unless they can PROVE that the PIN was in her bag then they will lose should it go as far as the ombudsman.

playforth

The man on the phone said they dont go on cctv they go on transaction times, my partner drew £10 out at 1.15pm and the theives drew out at 2.30pm, according to hsbc there is too much of a gap in transaction times and they beleive if someone wanted her bag they would just take it and not follow her for an hour.
The police say they cant see anything on cctv, i beleive thats a load of rubbish and there just not interested!

Gromitt

Last time I asked the police to get involved they faffed about for 2 weeks and then said "The cameras were non functional so we closed the case".

jonesMUFCforever

playforth wrote: »

The man on the phone said they dont go on cctv they go on transaction times, my partner drew £10 out at 1.15pm and the theives drew out at 2.30pm, according to hsbc there is too much of a gap in transaction times and they beleive if someone wanted her bag they would just take it and not follow her for an hour.
The police say they cant see anything on cctv, i beleive thats a load of rubbish and there just not interested!

Start a formal complaint - in writing.

pqrdef

Well, as Lady Bracknell didn't say, losing both a card and a PIN on the same day looks like carelessness. The banks are utterly sick of it and really need people to start taking security seriously. If a debit card was a £300 wad of notes, would you leave it in a handbag on a pram?

McKneff

I get truly amazed how many people dont cover their hand or just put their pins in at the supermarket or wherever without any thought of who is there next to them.

Ive watched people hundreds of times, good job Im not a bag snatcher, I could be really rich.



People are so blase about it,

Gromitt

McKneff wrote: »

I get truly amazed how many people dont cover their hand or just put their pins in at the supermarket or wherever without any thought of who is there next to them.

I've seen people tell everyone their PIN... The worst I've seen is probably the following:

Staff: "Insert your card into the reader please"
Idiot: "Ok"
Staff: "Check the amount and enter your PIN"
Idiot: "£4.32 and my PIN is 9182"
Staff: "No, enter your PIN into the terminal using the keypad"
Idiot: "Oh, right, ok. Tap tap tap tap"
Staff: "Now press the green button"
Idiot: "Tap"
Staff: "Remove your card"
Staff: "I don't want your card"

But I see at least once a week:

Staff: "Enter your PIN"
Idiot: "9182"
Staff: "No, enter your PIN. Into the terminal. Using the keypad."

I'd say about one in 10 people actually cover up the keypad when entering their PIN.

Annisele

The Financial Ombudsman Service publishes a technical note on disputed transactions. It's also previously published examples of cases involving the use of ATMs (but that was published when the Banking Code was still in force, so some of the information in it is out of date).

If the bank thinks that your partner didn't make the transaction herself, but negligently allowed someone else to do so (eg by writing down her PIN), then you might still be able to limit your liability to the first £50 of the overdraft limit.

antrobus

playforth wrote: »

.. she only had a £150 overdraft but for some reason the robbers managed to put it £200 over the overdraft limit. ...

Then the debit card was operating as a credit token and the card holder's liability is limited to £50, so that's £300 of the loss that HSBC should bear.

playforth wrote: »

...
Is there anything we can do to overturn his decision? he says his decision is final and all we can do is appeal when we get the letter

Raise a complaint against HSBC and remind them of their obligations under the Consumer Credit Act, take it to the FOS if necessary.

Hanky_Panky

antrobus wrote: »

Then the debit card was operating as a credit token and the card holder's liability is limited to £50, so that's £300 of the loss that HSBC should bear.

Not necessarily - could have been in credit/within overdraft at the time and it was subsequent transactions that pushed her over, not these withdrawls - OP needs to check.

I'm afraid as hard as it sounds I'm of similiar mind to other posters - she has had money stolen from her - not the banks responsibility - really why should they have to subsidise people's carelessness ?