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Report: #660795

Complaint Review: HSBC Bank - California Internet

  • Submitted:
  • Updated:
  • Reported By: Melissa — Sainte Genevieve Missouri U.S.A.
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  • HSBC Bank Internet United States of America

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I had a debit only account ( no checks, just a debit card) with HSBC. My paycheck was directly deposited to this account. Then one day my card does not work on payday and I call the customer Service, I am told they have decided to close my account and have hot lined my card so that it couldn't be used. I told them they were holding my paycheck hostage and I had bills to pay and kids to feed. They agreed to overnight me a check for the balance in my account (There were no paper checks so nothing would need to "clear") they sent my check out on a Friday, I received it on a Monday. I took it to a local grocer to cash the check. They cashed it no problem. About a month later I walk into the store and the owner informs me they put a "stop payment" on the check and they didn't receive the funds. I immediately called the bank and kept getting disconnected or getting the run around from customer service. I requested for them to send my my statements, and an explanation as to why they stopped payment on the check, etc.... I never received one. This was in November 2008 (no that is not a typo). I finally got someone to say they would issue another check.. it never came.  After another conversation I learned that they stopped payment on the check ($537.00) because after they cut it an automatic ACH debit came through for $315.00 and they paid it. They then tried to say I failed to stop the ACH debit, however, all this happened over the weekend and I didn't have a chance to stop it. Instead of denying the ACH, they stopped payment on the check. Now two years later, I have an warrant issued for my arrest for Felony passing of a bad check.....the bank NEVER made good on the stop payment check and now the county is coming after me!!! Of course I can't get any information from them to prove my case... any suggestions???

This report was posted on Ripoff Report on 11/11/2010 09:48 AM and is a permanent record located here: https://www.ripoffreport.com/reports/hsbc-bank/internet/hsbc-bank-they-stopped-payment-and-now-i-am-being-charged-with-felony-california-inte-660795. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
2Author
10Consumer
0Employee/Owner

#12 Consumer Suggestion

What kind of proof do you need?

AUTHOR: Josh - (U.S.A.)

POSTED: Sunday, November 28, 2010

Sounds like the company that performed the ACH screwed up and didn't credit your account despite receiving the money.  It happens all the time.  It should be easy enough to get copies of your last statement, which should show exactly what happened.  I am not exactly sure what else you want the bank to do, and why you are assuming it's their fault.  Have you requested copies of your closing statement?

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#11 Author of original report

Wow, really??

AUTHOR: Melissa - (U.S.A.)

POSTED: Thursday, November 18, 2010

Ok... you all are assuming I am trying to get out of a debt.. I am not!! I am not up $537. After I received the cashier's check, and cashed it, I paid the company that the bank says put an ACH through, so if the bank paid them they received a double payment. However, when I check the account history, they did not receive a double payment that month. So the bank is lying. If they made this payment on my behalf, then they should be able to show me that they did, because the receiving company did not receive the funds!! I was sent a Cashier's Check from the bank, which is certified funds!! How do you put a stop payment on Certified funds with out having the Cashier's Check back in hand???  It doesn't make sense. Someone in their accounting messed up by not doing the corresponding general ledger entry, and when the mistake was caught they put a stop payment on the cashier's check. I have requested documents pertaining to my account for the last two years.. if they have nothing to hide why won't they furnish me with the documents I requested? Why don't they furnish me with proof that they paid the ACH. Either they owe me the $537 (to pay the Grocer) or they owe me the difference between that and the ACH they say they paid. Which is at least $222. For the record, the bank no longer has that program so my account was closed because they were discontinuing that particular "no check, debit only" type of account. And how could I have overdrawn the account when/ if the funds aren't there I can't use the card????  Really some of you cynical people out there think that everyone is out to scam somebody.. that is not the case. I just want the bank to be held accountable for their mistake, and not to hang me out to dry because of it.

 I have called mulitple times, and I get the same response, " An Account Specialist will call you back with further details." If I were to make a payment to someone with a Cashier's check and then put a stop payment on the check, I would still be liable for the payment (although this is moot, because you can't put a stop payment on certified funds, unless you have the check/money order in hand.) so if that simple rule applies to me, why doesn't it apply to the bank??????
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#10 Consumer Comment

just do the right thing

AUTHOR: Dan - (U.S.A.)

POSTED: Wednesday, November 17, 2010

and pay your debts ! The poor grocer shouldn't have to suffer!
I hope they really do arrest you and he sues you for what you owe, plus interest, fees, etc... to teach you a lesson. Oh wait your not smart enough to spend only what is in the account, so you won't learn anything.


HEY ! EVERYBODY ! CHUCKLES IS BACK!!   How was rehab?

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#9 Consumer Comment

The Banks Are Way Out of Line...

AUTHOR: Bman - (United States of America)

POSTED: Wednesday, November 17, 2010

You can check on this site and find out that too many lending institutions are sticking it to the American people. I would prepare a detailed report and place it on this government watchdog agency:


http://www.ftc.gov/reports/index.shtm

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#8 Consumer Comment

Just ignore these people who are aruging agaisnt you they do this to everybody to stick up for the business

AUTHOR: Charles - (USA)

POSTED: Wednesday, November 17, 2010

Just ignore these bozos who argue agaisnt you.  They think they know everything all they want to do Is just attack the poster of the complaint.

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#7 Consumer Comment

What is the rest of the story?

AUTHOR: Susan - (USA)

POSTED: Wednesday, November 17, 2010

You said "Then one day my card does not work on payday and I call the customer Service, I am told they have decided to close my account and have hot lined my card so that it couldn't be used."

What did you do to cause a bank to close your account for no reason? 

My guess is you debit carded yourself out of the bank by spending more than was in the account.

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#6 Consumer Comment

Pay the grocer

AUTHOR: coast - (USA)

POSTED: Wednesday, November 17, 2010

You said "I failed to stop the ACH debit, however, all this happened over the weekend and I didn't have a chance to stop it." Then you said "Further, they say there was an ACH that came through but they will not send me the bank statements to prove it."


Why should they prove it? The statement you made in your review is proof that you agree that there was an outstanding debit. You knew about the $315 and thought you were getting away with something. It didn't work. You have just been caught in a lie.

The bank closed your account for a reason. What was that?? The bottom line is you are ahead $537, and the grocer is behind $537. Be an adult. Pay the grocer.
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#5 Consumer Comment

Ummm

AUTHOR: Robert - (U.S.A.)

POSTED: Wednesday, November 17, 2010

It does not seem like you are telling the entire story.  Banks don't just close out accounts for no reason.  While you may not agree with the reason, there is always going to be one.  So what was the reason they closed your account in the first place?

Who filed charges on you?  Because the only person that is out any money is the Grocer.  If they had no animosity against you then why would they be trying to file Felony fraud charges?

As for the Cashiers check I doubt that a bank would just issue you a Cashiers check without deducting the money from your account.  But let's say that they did make a mistake.  They canceled the check and you have $537 cash from the Grocer, but you would then still have $537 in your "closed" account because according to you it was never deducted and the check was returned anyways.  But then an ACH came in and the bank paid $315 from your account.

The Grocer and I worked together to try and get them to replace the cashier's check or try and get any information as to why

- Why would the bank do that?  Which ever way you look at it your bank account does not have $537 in it anymore.  If you are not leaving anything out, at most you would have about $222 in the account.   So if you saying that for the last two years they have frozen these funds and not released them, then you would have a valid complaint but it is not clear and seems unlikely from what you wrote. 

But that does not take away the fact that you still owe the Grocer the $537 for the check that was cashed and returned.  Now, what does seem more likely based on what you wrote here is that the "fraud" seems to be that you seem to be trying to not only keep the $537 that the Grocer cashed for you, but to have the bank pay the Grocer the $537.  Meaning that the Grocer comes out even, the bank comes out down $537 and you come out ahead an extra $537.

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#4 Author of original report

Responses

AUTHOR: Melissa - (U.S.A.)

POSTED: Wednesday, November 17, 2010

For those of you who responded thanks. I will write the head of HSBC.  For the others let me clear somethings up for you. The bank issued me a cashier's check (not drawn on my account) and did not do the corresponding general ledger transaction and remove the funds from my account, hence when the ACH went through there were still funds in my account and they paid it. They should have returned it, or at the very least tell me they paid it and then I owed the bank money. They should not have stopped payment on a Cashier's Check, which is considered Certified Funds.  The Grocer and I worked together to try and get them to replace the cashier's check or try and get any information as to why. I still shop there. There is no animosity between the Grocer and I and I did noy DEFRAUD anyone. I was sent a Cashier's Check via UPS overnight from the bank. I had no reason to believe they would put a stop payment on it. Further, they say there was an ACH that came through but they will not send me the bank statements to prove it.

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#3 Consumer Comment

Totally your fault

AUTHOR: coast - (USA)

POSTED: Tuesday, November 16, 2010

Your accusation that this is the bank's fault is a phony excuse. You have had 2 years to repay the grocer. You deserve to be prosecuted.

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#2 Consumer Suggestion

Huh?

AUTHOR: Josh - (U.S.A.)

POSTED: Tuesday, November 16, 2010

So, you gave someone a bad check (not having the funds in your account at the time you cash a check constitutes passing bad checks).  The check bounced and didn't get paid.  The store told you that they didn't get paid, and presumably demanded their money back.  You did not pay them.  And now you are surprised that you are getting prosecuted?

The bank is not at fault here.  You didn't have the money in your account at the time the check was cashed.  It's not their fault that you set up an automatic ACH debit for something and forgot about it.  In any case, you should have paid back the store as soon as you learned that the check bounced.  Instead, you conned them out of $537.00, and decided to blame it on the bank.

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#1 Consumer Comment

Get serious

AUTHOR: Bullthistle - (U.S.A.)

POSTED: Tuesday, November 16, 2010

Don't complain write letters and either send FedEX of USPS Priority Mail. Send them the proof of what you state and have someone correct the grammar and spelling. Nothing is going to get done writing on here.

Write to the Acting head of OCC in Washington and send a copy to Irene Dorner, President & CEO, HSBC Bank, N.A., 452 Fifth Avenue, NY, NY 10018

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