HSBC advise please

by Mobo Thu Oct 26, 2023 11:47 am

Hi all,

Not sure on this one,

My Mother that is 89 was given via they app to apply for an overdraft with them (Still doing this), from what I am being told from her, ( she has memory problems) that it flashed up on the app saying we know things are hard for are customers lol. so we want to help you, she said yes to this offer. she has used around 2.500.

They wont speak to me, though they have MARKERS on her account, with her health problems.

From what I can understand they never did any checks to see if she could adford this, Or take and health problems into account, She does get A DWP pension every 2 weeks
I think she was an easy target.
Reason for update battery was low.

Hasnt got to defaut or DCA yet.

When i listen and try and help her on phone, (loud speaker) they say she has to pay around £32 a month.

What can I do, Is Mum at fault or the bank?

by **daveiron** Thu Oct 26, 2023 8:58 pm

Acting as third man may be the best way to deal with this. Inform them you are acting on her behalf and get her to sign it,
If they refuse that you may have to get a solicitor to draw a power of attorney .

Once you get that, you then start the questions .draw from those in the NoCA and also what due diligence did they do with
regard to your mothers age and state of mind. They clearly miss sold this loan .

Sorry i cannot go deeper into this at present as i am abroad and without my files.Although i will dig around.

Worth checking the FCA handbook ,some here sorry its all i have time for today
; https://www.handbook.fca.org.uk/handbook/CMCOB/2/1.html

by **urchinatheart** Fri Oct 27, 2023 12:41 am

https://www.gov.uk/power-of-attorney/register
There is a way to do this online yourself, it costs less and bank must accept it.

by Mobo Fri Nov 10, 2023 12:47 pm

They have sent a letter today refusing me to act in her behalf due to her health problems.

Should I now start the bank notices?

As she can't afford to pay the interest.

I want to complain about how I believe they have missed soled, but not sure how to proceed or just go for the notices.
They also confirmed that they are doing her a Sar request.

I will rebut their letter. ( Not the SARS)

Or shall I wait until I get the data request?
Any advice please

Thanks

Updated for more info added

I was thinking of sending them something like this

Dear BANK

Thank you for ignoring my wishes to let my son to run my account. Once again you are making my life harder.

I believe this overdraft was missed sold to me,

And for that reason please tell me what steps as a bank you tock to make sure I could afford this loan.

And until this request is completed please stop all charges and interest.

Thanks

by Sam97 Wed Nov 15, 2023 11:21 pm

I've looked at this a few times and wanted to reply, however I have not as yet because I'm not 100% clear on the details. I will reply tomorrow now & pass along what insight information I can, it will be what I would do in your situation to make them stand under their legal shit! Suffice to say from what I have gathered the overdraft/loan is not enforceable under law due to its targeting a vulnerable individual.

by Mobo Thu Nov 16, 2023 9:18 am

Sam97 wrote:I've looked at this a few times and wanted to reply, however I have not as yet because I'm not 100% clear on the details. I will reply tomorrow now & pass along what insight information I can, it will be what I would do in your situation to make them stand under their legal shit! Suffice to say from what I have gathered the overdraft/loan is not enforceable under law due to its targeting a vulnerable individual.

That will be great thanks Sam97
I will hold off from sending any thing to them yet

by Sam97 Fri Nov 17, 2023 3:16 pm

Mobo wrote:
Sam97 wrote:I've looked at this a few times and wanted to reply, however I have not as yet because I'm not 100% clear on the details. I will reply tomorrow now & pass along what insight information I can, it will be what I would do in your situation to make them stand under their legal shit! Suffice to say from what I have gathered the overdraft/loan is not enforceable under law due to its targeting a vulnerable individual.

That will be great thanks Sam97
I will hold off from sending any thing to them yet

Afternoon, I wanted to just clarify a couple of points if that's okay?

To clarify; your mum who is 89 received an invitation via HSBC banking app to apply for an overdraft facility. She went ahead and applied and I assume asked for or was offered a facility of over £2,500, (as you say she has already reached this amount). Do you know if she tapped on the overdraft facility within the app and applied that way, or did they actually place a message on her account page offering an overdraft facility and the limit?

The reason I ask is because it may make a slight difference to how you go about things, as obviously for an 89 year old to navigate a banking app in the first place is fairly unusual, so to go through the application process for an overdraft would indicate that she does not fall into a category of diminished mental capacity, however, if they sent a message and it was all a matter of a click here and a click there then that would fall under the category of inducement. Just to add, HSBC have a duty of care to what is termed 'vulnerable customers' with or without diminished mental capacity, as it goes by age and circumstance.

I will pull all my info together later today or Saturday morning, (apologies for the delay it’s been a hectic few days), and put it down to read as easily as possible, but you will need to familiarise yourself with content and go to the standard info on the website, as you will need to put the documents together for sending,

It has to go to the CEO of HSBC, do you have the name and service address (normally the Head Office)?, I can find it for you if not.

by Mobo Sat Nov 18, 2023 8:34 am

Hi there and many thanks for your reply and help.

From what I can tell, she was using the app and it put some sort of message up saying she can have an overdraft and she clicked it🥴

I would say a type of advertising from the home page
She thought it was some thing to do with her pension/ cost of living payment.

What she is telling me now is a little different but this is due to her health.

I believe she said £3000 but only said £2500.

They have always have pushed the app, though she has a special telephone code to use phone banking eg speak to a human.

I believe the CEO is ian.stuart

Thanks again

by Sam97 Mon Nov 20, 2023 1:48 pm

Afternoon,

Quick inquiry for the admin,

In regards to pulling information together for Mobo, I have put a document together (1st Notice) just tweaking it today, however my question is, do I post it here (I'm mindful of CO's etc., on the forum), or do I send it in a direct message to mobo? I can send to one of the admin first (in a DM) to read through.

Regards

by **Lopsum** Mon Nov 20, 2023 8:03 pm

just post it up,any personal info redacted ofc, if its going to do the right thing it doesnt matter if spys see it- it will still press them into the right action.

by Sam97 Wed Nov 22, 2023 11:43 am

Lopsum wrote:just post it up,any personal info redacted ofc, if its going to do the right thing it doesn't matter if spys see it- it will still press them into the right action.

There is no personal (as such) info in the document as obviously I would not post it up like that (in addition I do not have the post author's personal information or permission), however, it is a personalized document not a template per sa, as that was the only way I could help as I said I would. What I would say is that it is sufficient to give heads up to anyone who is disingenuous on this forum, and once the document is sent it will also potentially identify the sender with the forum name on here.

I think under the circumstances I would prefer to send the document as an attachment to an email address, and then continue to speak about the document, any alterations, tweaks etc., on the forum; then once it has been sent and there is a reply or not (after the time limit) then it can be posted up if wished, I think that is more prudent in these manic times!

Ultimately, Mobo will have to do some research and buffing up on the contents of the document to be able to continue on with other documents thereafter, as we all know it is not a quick remedy, the parasites/system have been at this far longer than any of us!

Thanks

by **Lopsum** Wed Nov 22, 2023 4:16 pm

well we dont condone any off site contacts or helping via pm etc because of the even greater risks of sharing emails with potential scammers etc.

by Sam97 Wed Nov 22, 2023 7:38 pm

Lopsum wrote:well we dont condone any off site contacts or helping via pm etc because of the even greater risks of sharing emails with potential scammers etc.

That is fine, I am not happy to be honest in posting up the document, and as you say it is difficult to ascertain who is genuine and who is not, therefore I think the best thing for me at this point is to apologize to Mobo for not being able to follow through on my original offer, and the delay in his responding to the bank due to waiting for my information, I will however attempt to help with a more limited approach via the forum, if Mobo can wait a little longer for me to compile something, and if not then I will leave it at that.

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