HSBC GOLD CREIT CARD
Breach of RBI rules

Respected Sir/Madam,

>>

>>I have the following queries regarding the card issued to me on 7 th

>>December.

>>

>>I had been a customer for HSBC Gold Credit card for the past 6 yrs.

>>

>>

>>I am having serious problems and concerns over the card delivered to me

>>on 7 th December.

>>1. I had received a courier from Blue dart on a Plain blue cover

>>without any seal of the bank any prior intimation to the card holder.

>>2. Despite of updating my secondary address so many times, the

>>Anonymous blue cover that reached me had a false second address

>, without

>>the From address on it.

>>3. It was an Unsolicited (renewal) card sent to me without any

>prior

>>notification. Neither I requested for a renewal card.

>>4. The card was in activated state without the approval of the card

>>holder.

>>5. The cash limit notification was sent to me on 20 th nov thru SMS

>>.

>>6. When there was an increase of credit card Limit, the increase

>>was also done without my notice long time bank.

>>

>>

>>I felt the bank HSBC has not followed any of the rules mentioned below

>>while delivering this card to me. Please let me know if there is any

>>other rule I have missed out or not valid in my case.

>>

>>Now as per the RBI guidelines (In italics)

>>

>>According to the rules of the RBI,

>>

>>In RBI/100

>>DBOD.FSD.BC.23/24.01.011-09

>>

>>3. Issue of Unsolicited Cards

>> Attention of banks is invited to paragraph 6.1 (a) of the Master

>>Circular on Credit Card Operations of banks dated July 1 wherein

>>banks have been advised that unsolicited credit cards should not be

>>issued and that in case an unsolicited card is issued and activated

>>without the consent of the recipient and the latter is billed for the

>>same, the card issuing bank shall not only reverse the charges

>>forthwith, but also pay a penalty without demur to the recipient

>>amounting to twice the value of the charges reversed.

>>In addition, the person in whose name the card is issued can also

>>approach the Banking Ombudsman who would determine the amount of

>>compensation payable by the bank to the recipient of the unsolicited

>>credit card as per the provisions of the Banking Ombudsman Scheme

>>i.e for loss of complainant’s time, expenses incurred, harassment and

>>mental anguish suffered by him. Further, there have been instances

>where

>>unsolicited credit cards issued have been misused before reaching the

>>person in whose name the card is issued. It is clarified that any loss

>>arising out of misuse of such unsolicited cards will be the

>>responsibility of the card issuing bank only and the person in whose

>>name the card has been issued cannot be held responsible for the same

>as

>>indicated at item (4) – Column (4) of the Annex

>>

>>

>>

>>

>>RBI-09/39

>>DBOD.FSD.BC.6/ 24.01.011/ 09

>>Master Circular - Credit Card Operations of Banks

>>

>>

>>6. Protection of Customer Rights

>>Customer’s rights in relation to credit card operations primarily

>relate

>>to personal privacy, clarity relating to rights and obligations,

>>preservation of customer records, maintaining confidentiality of

>>customer information and fair practices in debt collection. The card

>>issuing bank/NBFC would be responsible as the principal for all acts of

>>omission or commission of their agents (DSAs / DMAs and recovery

>>agents).

>>6.1 Right to privacy

>>a. Unsolicited cards should not be issued. In case, an unsolicited card

>>is issued and activated without the consent of the recipient and the

>>latter is billed for the same, the card issuing bank shall not only

>>reverse the charges forthwith, but also pay a penalty without demur to

>>the recipient amounting to twice the value of the charges reversed.

>>b. Unsolicited loans or other credit facilities should not be offered

>to

>>the credit card customers. In case, an unsolicited credit facility is

>>extended without the consent of the recipient and the latter objects to

>>the same, the credit sanctioning bank/NBFC shall not only withdraw the

>>credit limit, but also be liable to pay such penalty as may be

>>considered appropriate.

>>c. The card issuing bank/NBFC should not unilaterally upgrade credit

>>cards and enhance credit limits. Prior consent of the borrower should

>>invariably be taken whenever there are any change/s in terms and

>>conditions

>>

>>Now After receiving the anonymous courier I had kept it in my drawer

>and

>>due to my busy schedule I really did nt bother to open the cover as I

>>was had not requested a credit card from the bank. I simply ignored

>the

>>cover and placed it in my drawer.

>>

>>

>>After a weeks time I received a call from the customer care that there

>>were Illegal transactions that happened during the card lost time. Only

>>then I checked with bank to find out the courier I received was a

>credit

>>card and by the time I could block the card a huge transaction has been

>>made on this card. Yes Someone has misused the card.

>>

>>The transaction details are mentioned in my attachments.

>>

>>I am a credit card holder of the most privileged bank of the world from

>> I ve been using this card since then maintaining a good history

>>.Since then I ve not experienced such a bad incident.

>>I ve already filed an FIR regarding this. I am also attaching the FIR

>>COPY along with this Fax/Mail.

>>

>>I am serious about the wrong transactions that has happened during the

>>loss of the UNSOLICITED renewal card sent to me.

>>

>>And I will not be liable to pay this Huge transaction amount.

>>When the transactions had happened I was very much present at my office

>>, and the signature done for any approval of charge slip does not

>belong

>>to me.

>>I am ready to take up any legal proceedings, to avoid this liability.

>>I will also forward this as a complaint to the Banking Ombudsman if

>>required. However I will be paying the outstanding amount for other

>>valid transactions done on my old card the year end.

>>

>>I request you to forward this issue to the concern department so that I

>>don t get any calls for these transactions, from the bank as I am not

>>responsible for any of the below transactions done.

>>

>>Also, The customer care, division of HSBC gives wrong information and

>>they say that I am liable for any transactions and they did not even

>>give me a proper guidelines like “To File FIR”.

>>

>>They simple had to say one thing “ You are liable for any transactions

>>made before the report of lost card.” If I am not freed from this

>>liability I am ready to go ahead and file a suit for the above reasons

>>against HSBC.

>>

>>I am disturbed mentally and psychologically because of this huge

>>transaction done on my name.

>>

>>Hence request your intervention in solving the matter ASAP

>>

>>Attached is my credit card details

>>Name: Manikandan B

>>Old Card no : 4384 5913 9229 2898

>>

>>The fraudulent Transactions

>>

>>18 Dec 1, 61, 690 rs Srinidhi Jewellers Bangalore.

>>18-12 300 rs Mysore time, Bangalore

>>18-12 1995 rs Mysore time, Bangalore

>>18-12 158 rs Total hyper market –AIR Bangalore

>>

>>I request that HSBC credit card department to give full co-operation in

>>the inquiry by the police and not to call me any more for payments

>>regarding the above transactions.

>>

>>

>>Thanking you

>>Manikandan B

Company: HSBC GOLD CREIT CARD
Country: India

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