[Raised_Eyebrow]

Hi there, I need to know what legal options I have. Please help me out. I'm willing to pay for legal services if necessary... if I have a chance at getting back at HSBC:

On January 26th around 9pm, I left my HSBC Gold Card in a taxi in CWB, and didnt make the call to cancel the card until 10:27 PM that evening. I asked the operator if there were any transactions on my card. She said, "No."

Today I found out, that an ATM transaction (I foolishly doodled my pin somewhere in my wallet) was made at 10:08 PM on the night of the loss of the wallet, using the pin in a non-HSBC machine. I lost exactly 10,000HKD from my credit card and a possible 9,000+ HKD from my savings account. A total of about 19,000 HKD had been withdrawn from this card without my consent.

So who is liable? As far as HSBC is concerned, since I doodled my pin in my wallet I gave them consent to withdraw. But I feel that there had to have been some consumer protection in place. Do I have a case? Or Do I just cut my losses on this one and learn from it?

I will report the theft to the Police. But HSBC says that even if they capture the guy on camera, they claimed that I could have told that anyone my ATM number, getting the cash in the end, and claiming fakely losing my wallet. It's actually ridiculous that they dont protect the consumer but they protect themselves. But I can see their point of view.

Right now I think this whole incident is my fault:
1) for jotting down my pin in my wallet
2) for leaving my wallet in the taxi.

Do I have a case? or Should I just Live and Learn?

[bruce999]

Originally Posted by Raised_Eyebrow

Hi there, I need to know what legal options I have. Please help me out. I'm willing to pay for legal services if necessary... if I have a chance at getting back at HSBC:

On January 26th around 9pm, I left my HSBC Gold Card in a taxi in CWB, and didnt make the call to cancel the card until 10:27 PM. I asked the operator if there were any transactions on my card. She said, "No."

Today I found out, that an ATM transaction (I foolishly doodled my pin somewhere in my wallet) was made at 10:08 PM using the pin in a non-HSBC machine. I lost exactly 10,000HKD from my credit card and a possible 9,000+ HKD from my savings account. A total of about 19,000 HKD had been withdrawn from this card without my consent.

So who is liable? As far as HSBC is concerned, since I doodled my pin in my wallet I gave them consent to withdraw. But I feel that there had to have been some consumer protection in place. Do I have a case? Or Do I just cut my losses on this one and learn from it?

I will report the theft to the Police. But HSBC says that even if they capture the guy on camera, they claimed that I could have told that anyone my ATM number, getting the cash in the end, and claiming fakely losing my wallet. It's actually ridiculous that they dont protect the consumer but they protect themselves. But I can see their point of you.

Right now I think this whole incident is my fault:
1) for jotting down my pin in my wallet
2) for leaving my wallet in the taxi.

Do I have a case? or Should I just Live and Learn?

Sorry to hear this unfortunate event happens to you.

I am not a legal expert. However if you lost money because someone charge your card w/ credit (like your credit card), then you are limited to a certain amount of liability. (In US for most bank it's $50.)

However you left your PIN number w/ the card and the money is withdraw as cash, it's almost impossible to trace. You reported the card lost at 10:27 and the card was transaction was made at 10:08. So you reported AFTER the transaction was made. There is no way that the bank can stop the card and prevent the transaction. The Terms and condition 'probably only covers the credit card transcations.

Cheers.

ps* It can be worse.

[KnowItAll]

How did you loose the money on credit card? Was it a cash advance or did someone buy something?

Given the time, I suspect it was a cash advance... (?)

[Raised_Eyebrow]

It was a cash advance. They were smart not to purchase anything.

[jimbo]

Ooh tough one, but as a rule banks etc do stipulate that you should never keep the pin and the card in the same place.

No harm in trying to fight this as far as you can go, such as the scmp and try and get them involved.

But be prepared to write off the 19k as a worst case scenario.

Can you remember the taxi number etc at all as well?

[ariellioncub]

Sorry to say that you don't have a case. When you recieve any card from a bank there is a written statement that you should never write down your pin and keep it in the same place as your bank card. You should not even disclose your personal pin to your partner, or any family members.

[Raised_Eyebrow]

Thanks Bruce. That's what I was thinking...I have no case. It was a cash advance.

[KnowItAll]

>> It was a cash advance. They were smart not to purchase
>> anything.

Very tough to fight this one.

Would recommend that you atleast create a police case and follow up -- if nothing else force them to take a look at the ATM camera footage.

Would be interesting to see if the cops would open a case though. I suspect is equivalent of you loosing your house keys with your address on it ... while you were negligent .. a crime has indeed been committed.

[greenietea]

This sounds horrible!

I was in a "much-less" severe situation with the HSBC credit card services. I purchased a gift with my credit card online with a company in Thailand (to be delivered within Thailand). When the gift never showed, I called the HSBC credit card service center to inform them of the fraud. But they refused to take off the charges already made on my credit card, claiming that I had given the company the authorization to charge my card.

So needless to say, I was furious and I asked them if they had ANY customer protection program. They said there was one for 80 dollars per month (or per year, I can't remember), and that I should've gotten in the first place! And when I asked them to cancel my credit card, they said that they would need to charge me $100 for sending me a new card.

So yes, that reminds me, I gotta cancel the HSBC credit card.

[KnowItAll]

greenie : I'm very surprised that they did not take the charge of.

Usually they would raise what is called an "RFI" with the credit card processor at the other end and 9 times out of 10 the vendor has to prove delivery.