Looking for advise with HSBC charges and help reclaiming them

Damien1

Hello,

I used to have an account with HSBC. In 2008 my mother had an accident and I had to get an overdraft while waiting at hospital just so I could feed my younger sister and get transport home as I don't have any.

Long story short, I am on benefits as I suffer from Aspergers. I currently get ESA and in the past income support/JSA, HSBC kept charging me £25/£50/£100 fines putting me over my overdraft and so on every month and it got to the stage I wouldn't even have any benefits left so I ended up living off the overdraft until the start of this year.

I still owe them around £120 and can't afford this due to all my money paying my other bills but I recently found out about the Social Security Administration act 1992 section 187 and that I might be able to reclaim my lost money. HSBC however denied they owe me anything and blame it on me.

Thing is how can it be my fault when I left £40 for my bills in my overdraft and they take £25/£50/etc fines and then my bill goes out the next day after they took money causing a £25 charge?

This went on from 2008 till 2014 every month. they would take the money just before my bills were due even though I had left enough money in my overdraft to cover them but since HSBC took a charge I got charged as the bill was over the overdraft limit.

In total they got close to £2000 from me and at the most extreme case they took me overdrawn by £278.09 leaving me with less than £15 credit once I had got my benefits.

I got into debt with British Gas owing close to £1200 which I thankfully got sorted but the stress got me depressed and lead to me drinking and falling apart.

Do you think I am entitled to a refund under Section 187? It states that DWP payments are inalienable to debts/charges something which HSBC refuses to accept.

Any help would be appreciated, Thank you.

DawnW

Hi Damien,

I didn't want to just read and run. Sorry, I don't know anything about Section 187, but just a thought, you might get more relevant advice if you were to post this query on the Reclaiming Bank and Credit Card charges board, link (hopefully) below:


http://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=102

If the link doesn't work, you can find the other boards under 'Forum Jump' under the picture of the forum team on the right hand side of the page.

Good luck x

Damien1

Thanks DawnW, I will take a look in that section.

regards

sourcrates

Hi,
You should make a written complaint to HSBC, stating you were in financial difficulties when you were charged.
Mark your letter "COMPLAINT", banks are still obliged to deal with bank charge complaints, if you are struggling.
Tell them you believe there actions to be unfair, and you want a full refund (don't ask, don't get).

ReadingTim

This suggests that unless your benefits are paid into an account solely for the receipt of benefits and separate to one used for bills, expenditure etc, then as soon as they hit the account, they're treated as normal income, which the banks can use to pay off debt/charges etc.

I suspect HSBC take a similar view, and you're on a hiding to nothing trying to quote the law at them. A better bet might be to complain along the lines of financial difficulty etc, as outlined above, but don't get your hopes up too much - if HSBC routinely waived charges etc as a result of difficult personal circumstances then there'd be a lot of aspies with sick mothers out there....