Consumer complaint received 2024-08-13
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: HSBC NORTH AMERICA HOLDINGS INC. ()

HSBC Complaint Reference : XXXX Transaction Product Description : XXXX and XXXX XXXX XXXX XXXX Ring ( https : XXXX? XXXX & XXXX & XXXX ) Merchant : XXXX XXXXXXXX XXXX XXXX XXXX, XXXX Buyer : XXXX XXXX Purchase Date : XXXX XX/XX/year> XXXX Amount XXXX EUR XXXX XXXX XXXX XXXX ) Credit Card Dispute Reason for Dispute : Defective/Damaged, Product Not As Described Date Filed : 4 XX/XX/year> Details : 1 ) XXXX received is cracked ( crazed ' ) per images 2 ) Merchant did not disclose this material information at the point of sale ( see Product Description ).

3 ) Merchant does not contest that the XXXX is crazed ( see attached email XXXX XXXX ). 
4 ) Merchant unable to produce evidence to HSBC that XXXX is NOT crazed ( see XXXX XXXX email from HSBC ). 

Despite this, HSBC awarded the dispute in favour of the Merchant because it lost my claim rights due to the Bank Errors detailed below.

Bank Errors at HSBC : 1 ) HSBC failed to communicate the dispute response deadline BEFORE the deadline had passed.

HSBC issued a letter with a 14-day response deadline via 1st class international mail ( up to 21 working days delivery, as published on the postal service website ). The letter did not arrive in XXXX XXXX until 4 weeks later, AFTER HSBC had already awarded the dispute in favour of the Merchant.

HSBC lost my claim rights in the dispute. 

This is the second time this has happened. I submitted a complaint for this deadline communication error on XXXX XXXX for the Case ID : XXXX. HSBC dismissed the complaint at the time, responding via telephone that theres nothing we can do about it ; and 2 ) Mistakes in handling Merchant Evidence HSBC failed to review evidence submitted by the Merchant contesting the dispute. Had they done so, they would have noted that the Merchant was unable to provide evidence contesting the Reason For Dispute as outlined in writing on XXXX XXXX ), which was that the XXXX was crazed and this material information was not disclosed at the point of sale -entitling me to a full refund under the XXXX Consumer Rights Directive, including any such costs of return ( shipping and duties ). 

HSBC issued an email response to my report of the Bank Errors on XXXX XXXX, in which : i ) HSBC could not provide a response as to why they awarded the dispute in favour of the Merchant despite that the Merchant never contested the Reason For Dispute nor provided any evidence which addressed the Reason for Dispute ; and ii ) HSBC did not address their responsibility for the Bank Errors that occurred, which led to the loss of my claim rights in the dispute ; and iii ) HSBC declined to provide financial compensation to remedy the fact that it had lost my claim rights to the dispute due to Bank Error ; instead offering USD XXXX as a gesture of goodwill -disproportionate to the case value of USD XXXX, the time lost over 5 months assisting on this case and the fact that the Merchant is emboldened/no longer willing to co-operate with a return/refund request due to HSBC erroneously awarding the case in the favour of the Merchant.