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Major issues with HSBC, fraud and refusing to refund
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The Payment Services Regulations state that it's your bank's responsibility to prove that you did make the transaction it's not for you to prove that you didn't. A fundamental principal of law is that it's not for you to prove that you didn't do something, but for the prosecutor to prove that you did.
Next time you speak to them, remind them of their obligations.0 -
Thank you hellzapoppin, having been advised of the same previously I'm reminding them of this on each occasion and getting nowhere. In principle it makes sense, but how long (from a legal standpoint) do the bank have to decide either way? The payment services authority seem to state they should refund immediately whilst they investigate, however I'm being told by the bank themselves that's not true and they don't have to and won't until their investigation is complete. I'm desperate for some ammo to go back at them with because it seems with all banks now, they completely disregard and ignore the laws and do as they please. Meanwhile I'm writing letters to my mortgage provider explaining all the aforementioned and why I may miss the first payment ever in 10 years this Friday. I'm losing the will with the banks I really am. Thanks again for taking your own time to offer input I know people don't have to so thank you.0
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justcheckingin wrote: »Thank you hellzapoppin, having been advised of the same previously I'm reminding them of this on each occasion and getting nowhere. In principle it makes sense, but how long (from a legal standpoint) do the bank have to decide either way? The payment services authority seem to state they should refund immediately whilst they investigate, however I'm being told by the bank themselves that's not true and they don't have to and won't until their investigation is complete. I'm desperate for some ammo to go back at them with because it seems with all banks now, they completely disregard and ignore the laws and do as they please. Meanwhile I'm writing letters to my mortgage provider explaining all the aforementioned and why I may miss the first payment ever in 10 years this Friday. I'm losing the will with the banks I really am. Thanks again for taking your own time to offer input I know people don't have to so thank you.
Send a legal notice of intention to the registered office, explain you have forwarded proof and still they are not complying with your right to a refund.
Have they not offered a overdraft in the meantime ?
Roughly...
Payment Services Regulations say that you must be refunded immediately if monies taken from your account without your permission. HSBC can only hold you to the first £50 of loss.
HSBC is trying to hold you as negligent or you committed fraud by claiming theft, they can only withhold for a short time in these circumstances and THEY need to prove it. Given you have provided evidence proving non negligence they should refund every penny you are out of pocket, including charges interest and the like.
I will find and post a linkSO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe0 -
Financial Conduct Authority
http://www.fca.org.uk/consumers/financial-services-products/banking/your-rights/unauthorised-paymentsSO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe0 -
Thank you diamonds. I tried to reply to your PM but it gave me an error repeatedly, t's the first thing that's made me smile in a while! Lol - in terms of the "immediate refund" statement, I put this to them (probably on 20 occasions to date) and I'm told the same thing again and again. That they are entitled to "investigate". For the 2ND time this year alone I'm also being told they simply do not have to give me a timescale for resolution, Tesco bank told me the same when they froze my 17,500 after the dealership paid it. It seems these payment services regulations mean absolutely nothing. The banks still work by their own rules and are brought to task by no-one. We truly are powerless.0
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Oh and when I asked them for a temp OD they told me it wasn't possible. My credit score is impeccable. The first payment I'm going to miss is my mortgage payment this week if they don't sort this out. Granted I'm paid Monday so it will b paid then but still, I never miss a payment, now this.0
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Oh on a side note the basics of the PRS are a EU Directive not national UK law
http://europa.eu/rapid/press-release_MEMO-15-5793_en.htm
Anyway...
Send them a next day delivery letter stating given the evidence provided by yourself to HSBC of being 35,000 feet above earth when fraud first happened on your account, unless the account is re-credited as of immediate effect you shall be instructing your legal representative to take further action on their failures to follow PSR.
Should make the legal team at HSBC poo themselves...
HSBC Bank plc
Legal Department
8 Canada Square
London
E14 5HQ
United KingdomSO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe0 -
justcheckingin wrote: »Thank you diamonds. I tried to reply to your PM but it gave me an error repeatedly, t's the first thing that's made me smile in a while! Lol - in terms of the "immediate refund" statement, I put this to them (probably on 20 occasions to date) and I'm told the same thing again and again. That they are entitled to "investigate". For the 2ND time this year alone I'm also being told they simply do not have to give me a timescale for resolution, Tesco bank told me the same when they froze my 17,500 after the dealership paid it. It seems these payment services regulations mean absolutely nothing. The banks still work by their own rules and are brought to task by no-one. We truly are powerless.
Keep smilingPM errors ? It is not full ? gremlins...forget Tesco for now not important, focus on High Society Criminal Building.
More info above this post^SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe0 -
justcheckingin wrote: »Oh and when I asked them for a temp OD they told me it wasn't possible. My credit score is impeccable. The first payment I'm going to miss is my mortgage payment this week if they don't sort this out. Granted I'm paid Monday so it will b paid then but still, I never miss a payment, now this.
You can also send a legal notice to the email address I sent you, that is the companies legal liability representative
Send the same as I posted above^SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe0 -
Just to check before I do, it wasn't the first, the 3rd onwards transactions I was onboard and well on my way back to the UK, the first two of £500 each were done around the same time as I was in the airport, but yes the fact is many whilst I was at 34-36K ft. What annoys me more and more is this. The amount of times I've taken the GF out shopping, after 4/5 purchases my card is blocked and I'm having to call HSBC at the front of a shop queue to confirm I've made the previous 3/4 purchases. This happens every time, so how the hell can someone put 20 X £500 through online, in space of a couple of hours, with no auto block!?! It's crazy!0
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