hsbc using dirty tricks!!!!

opinions4u

playforth wrote: »

I really thought this site was different, i thought i would get some genuine help and info on what to do which is why i joined this site. Iv only had a few people with helpful ideas. You seem to be the only people i know that are actually on the banks side. Iv given you all the facts yet you still say the banks decision is ok. Think i chose the wrong site for advice

There is a balance to be struck on these things.

Putting the facts as you see them on to the site means you have given yourself the opportunity to have those facts tested by public opinion.

What is reasonable PIN security? Where is the line that divides negligence and misfortune? Is the bank's decision to assume a one hour rule fair?

There are shades of grey in all of this and different people will interpret these things in different ways to you.

For me, you seem genuinely unfortunate. But I understand why the bank has acted in this way. Has the card and PIN been protected as well as it could have been? Answer this question honestly and you will see where the doubts start creeping in.

Pursue this as a complaint from now on. The thief doesn't have to have followed you for an hour and a quarter. They clocked the PIN, followed for a few minutes and gave up. Then got lucky and spotted you later on in a shoe shop where a different opportunity arose. State the facts, throw in some shades of grey that make the bank's position less sound and take it from there. Calmly.

After eight weeks, or sooner if the bank confirm that they will budge no further, you have the right to go to the FOS. I think the FOS will eventually back you. But it's not cut and dried.

What you've done by posting is to gain views and opinions. Even if you don't like some of the answers you have achieved what you set out to do.

Well I'm sure if she had been mugged and hurt whilst they stole her bag everyone wouldn't make comments about negligence! I only wanted advice on how to deal with this situation not on a debate on whether the bank is right or wrong!!

She wasn't mugged. The bank's decision is based upon its interpretation of a standard negligence clause in the terms and conditions. If it can be established that the bank is completely right then the advice would be to give up now. Some people think that. Others don't. So you get a debate.

jonesMUFCforever

playforth wrote: »

Well I'm sure if she had been mugged and hurt whilst they stole her bag everyone wouldn't make comments about negligence! I only wanted advice on how to deal with this situation not on a debate on whether the bank is right or wrong!!

Right here's the deal - Accept the decision and move on.
That is the first way to deal with it.
You don't seem to like this deal.

Second option as I suggested yonks ago on this thread is to start a formal complaint in writing. If you are not happy with their final decision you can take the case to the ombudsman.

Finally if you don't like the ombudsman's decision you can sue the bank for the money.

The choice is yours.

If you think that someone on here will come up with a magic wand and make the cash appear again in the account then sorry but I have to agree with you - you have joined the wrong site!

meer53

playforth wrote: »

Well I'm sure if she had been mugged and hurt whilst they stole her bag everyone wouldn't make comments about negligence! I only wanted advice on how to deal with this situation not on a debate on whether the bank is right or wrong!!

You've been given advice as to what to do next. Make a complaint. Then if you're still not happy go to the FOS. It's your decision, not anyone on the forums.

But don't expect to automatically get your money back.

No one would make comments about negligence if she HAD been mugged, but she wasn't was she ? People posting on the forum can see both sides of your story, this is what you need to do, not moan when we don't say what you want to hear.

londonTiger

to be honest it's still your wife's fault for not covering her pin as she typed it in, if on the slim chance hsbc do give you the money back into your account. It would be very generous of them.

Most companies will not cover you for neglience, and if your wife was negligent when typing in her pin then it's all down to her.

opinions4u

londonTiger wrote: »

to be honest it's still your wife's fault for not covering her pin as she typed it in, if on the slim chance hsbc do give you the money back into your account. It would be very generous of them.

Most companies will not cover you for neglience, and if your wife was negligent when typing in her pin then it's all down to her.

The point here being that HSBC are defining negligence as having the PIN written down. Not being disclosed by being a bit lax at an ATM.

Indeed, if the withdrawal had happened 20 minutes earlier it seems that they'd have paid up even if the PIN had been revealed by use at the ATM.

playforth

this is the point i was trying to get across which no one seemed to understand, anyway we got the refusal letter from hsbc and basically they have royaly screwed up! in their letter they claim the reason for being refused was because my partner had the card in her possesion after the crime had happened so she either knew the thieves or she had divulged her pin to a third party.......we never once said we had the card back why would we? i feel we have a really good case against them now i will let you know how it goes

dld2s

Is your wife sure she was followed? she may not have been, I saw something on the BBC about folks cards being cloned and over written by another number and it not showing that a different number was used, dont have much time to look for it just now, but came across this http://www.metro.co.uk/money/69501-how-thieves-bypass-bank-card-pins

innovate

playforth wrote: »

in their letter they claim the reason for being refused was because my partner had the card in her possesion after the crime had happened

This is a very different rationale than you originally reported - should be easy to calmly ask HSBC what evidence they have for this.

playforth

the bank has now apologised and refunded the money, plus paid the bank charges and gave us a small amount of money as a good will gesture.

pmduk

Thank you for updating us. It may well be helpful to others