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I have been unsuccessful in returning £8000 odd back to HSBC

2

Comments

  • Thanks for that - so as I understand it you got the money back via a section 75 claim which although not 100% certain probably means HSBC funded the payment to you which means that you owe the money to HSBC
  • born_again
    born_again Posts: 20,983 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    RalphS said:
    I had a May 2020 cruise booked and fully paid for in Jan (I think) which obviously didn't take place (I did not initiate the cancellation). I had trouble getting the (major) cruise company to refund the money, so I put in a CC claim to HSBC. After MANY months I got paid out by HSBC MyDisputes in late August. Then 1 week later the cruise company refunded me. I am an honest person and immediately contacted HSBC to request the claw back of what they had paid me. Now 2 months and 7 or 8 communications later (emails, call centre, messaging, on line chat) I still have the money sitting in my CC account.
    I'm glad I am not a shareholder.
    So I'm going to take it that this was a chargeback, rather than a S75 claim. As with S75 you would have had to sign a letter as a full and final settlement. As S75 means that HSBC have paid you, so they would want it back.

    With a chargeback, HSBC claim the money back from the retailer. The retailer then have 45 days to reject the chargeback. If they do not reject it then the funds are yours.
    Clearly the retailer did not realise that they had already refunded you via the chargeback, so they have refunded you again.

    The way that chargebacks work is that no matter what, HSBC can not send the money back. Even as you have pointed out you want to give it back. It is simply not possible as you have won your case. There is no way for HSBC to reopen it.

    It is the retailer who has messed up. And no doubt that at some point in the future when someone in the accounts team sits down and does some reconciliation, they will notice that you have been refunded twice (bet you are not the only one either) and then come back asking you for the money back.

    Best bet is to transfer that 2nd refund into a savings account and await the retailer to contact you asking for their refund back (6 years to do that)
    Life in the slow lane
  • RalphS
    RalphS Posts: 57 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 23 October 2020 at 2:09PM
    I lodged an S75 claim, but what the nature of the credit was is another matter!
    Have just discovered an online HSBC doc, late Aug, We are looking into this for you and in the meantime we have credited your account with £8xxx.
    So none the wiser whose money I'm holding.
    It seems in 6 years some worthy cause might benefit!

    Savings A/c? ~£8 a year is not worth the bother. Mind you if I were to buy RAVP pref shares, that would be ~£830 a year (tax free in an ISA) Double ones money in 7 years
  • born_again
    born_again Posts: 20,983 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    RalphS said:
    I lodged an S75 claim, but what the nature of the credit was is another matter!
    Have just discovered an online HSBC doc, late Aug, We are looking into this for you and in the meantime we have credited your account with £8xxx.
    So none the wiser whose money I'm holding.
    It seems in 6 years some worthy cause might benefit!

    Savings A/c? ~£8 a year is not worth the bother. Mind you if I were to buy RAVP pref shares, that would be ~£830 a year (tax free in an ISA) Double ones money in 7 years
    From the "MyDisputes" description that is going to be a chargeback. 
    I know you may have asked for  S75, any bank will do a chargeback if it is available. As it means it does not cost them to pay out.
    Life in the slow lane
  • RalphS
    RalphS Posts: 57 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    The S75 claim was uploaded to the My Disputes web portal
  • born_again
    born_again Posts: 20,983 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    RalphS said:
    The S75 claim was uploaded to the My Disputes web portal
    Same team deal with Chargebacks & S75.
    As I previous said. If it was a S75 claim. You would have had to sign that you agree it was a full and final settlement. As a  S75 payout comes from in this case HSBC. If they were aware you had been refunded by the retailer. They would have taken it back by now.
    Life in the slow lane
  • RalphS
    RalphS Posts: 57 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Well HSBC phone me about the payout ~1 month ago and asked me if I was satisfied with the payout..... No I said. PLEASE take the money back, to which they replied, we'll get it sorted.
    Yup you guess it! The ~£8000 is still sitting in my account.

  • sourcrates
    sourcrates Posts: 31,812 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    I would stop worrying about it, keep the money safe, I dare say they will get around to clawing it back eventually.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Why haven't you contacted the cruise company? They'll be able to join the dots and reverse the transaction. 
  • Jumblebumble
    Jumblebumble Posts: 2,022 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 16 December 2020 at 6:50PM
    IThrugelmir said:
    Why haven't you contacted the cruise company? They'll be able to join the dots and reverse the transaction. 
    I take it you are joking 
    What makes you imagine it is a good idea to further engage with a company who played the fool before ?
    The extra 8K belongs to HSBC and the OP involving himself with a now unconnected third party is only going to confuse matters further. He does not need to do anything except to ring fence the 8K and then return it when HSBC ask for it back. He is under no obligation to waste any further time on this.
    He will have the further satisfaction of knowing that the Cruise company who inconvenienced him by trousering  his money when they should have returned it promptly  can do some running around.


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