HSBC Overdraft Unaffordable Lending Claims
If you were given a HSBC overdraft — or had your overdraft limit increased — and you couldn’t realistically afford the interest and charges, you may be entitled to a refund. Long-term overdraft use is one of the most common forms of unaffordable lending in the UK, and one of the most overlooked. This page explains how HSBC overdraft affordability claims work, what to look for in your account history, and how to check your eligibility.
In this guide
- About HSBC Overdrafts
- Was Your HSBC Overdraft Unaffordable?
- Common Patterns in HSBC Overdraft Claims
- What the Financial Ombudsman Data Shows
- Why Use a Claim Partner for Your HSBC Claim
- How a HSBC Overdraft Claim Works
- How Far Back Can You Claim?
- What You Might Get Back
- Frequently Asked Questions
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Be Owed Compensation
Check your agreements on Recoup, our claim partner’s site
About HSBC Overdrafts
HSBC offers arranged and unarranged overdrafts on its current accounts, including the Bank Account, Advance and Premier products. Following the FCA’s 2020 reforms, HSBC charges a single representative APR replacing the older daily fee structure.
HSBC UK Bank plc is authorised and regulated by the Financial Conduct Authority under FRN 765112. The overdraft is provided through HSBC UK Bank plc, the UK ring-fenced bank of the HSBC group.
Was Your HSBC Overdraft Unaffordable?
Under the Financial Conduct Authority’s rules — specifically CONC 5.2A on affordability and CONC 5C and CONC 5D on overdraft repeat use — HSBC must carry out a reasonable and proportionate assessment of whether you can afford to repay an overdraft sustainably, and without falling into financial difficulty. They must also identify when an overdraft is being used repeatedly and offer help to anyone in that pattern.
Your HSBC overdraft or an increase to your overdraft limit may have been unaffordable if, at the time it was granted or increased:
- HSBC didn’t properly check your income, expenditure or other commitments
- You were already in financial difficulty, missing payments or relying on other credit to cover essential costs
- Repaying the overdraft would have left you unable to meet essential living costs
- Your overdraft limit was repeatedly increased without a meaningful review
- You were overdrawn for most of every month for years, with the bank applying interest but offering no support
- The overdraft was extended despite clear signs of distress on your file — defaults, payday loans, missed mortgage or rent payments
- Your wages or benefits were going straight into your overdraft each month, with no realistic prospect of clearing it
Common Patterns in HSBC Overdraft Claims
The Financial Ombudsman has handled many unaffordable lending complaints about HSBC overdrafts, and several patterns come up repeatedly:
- Long-term overdraft reliance. Customers overdrawn most of every month for years — a pattern the bank should have treated as long-term lending under CONC 5D.
- Overdraft limit increases without proportionate checks. Where the limit was extended based on internal scoring rather than a fresh look at the customer’s actual position.
- Failure to apply repeat-use intervention rules. HSBC’s systems would have seen the repeat-use pattern but support wasn’t always offered.
- Continued overdraft lending despite signs of distress. Returned direct debits, missed payments and other patterns the bank’s data would have shown.
If any of these match your experience with HSBC, your case is worth a closer look.
What the Financial Ombudsman Data Shows
The Financial Ombudsman Service publishes data on the complaints it receives about every regulated UK firm. According to the FOS’s most recent published figures, in the second half of 2024 (July to December) the FOS received 3,276 new banking and credit complaints about HSBC UK Bank plc. Across the wider banking and credit sector, complaints reached 109,155 in the same six-month period — a 76% rise on the previous year, driven largely by disputes over credit affordability and bank fraud.
Note: the FOS publishes complaint volumes by firm and sector, but doesn’t break them down by individual product. The figure above covers all banking and credit complaints — overdrafts, credit cards, loans, fraud and account services — not overdraft complaints alone.
Source: Financial Ombudsman Service half-yearly complaints data, H1 2025.
A Published FOS Decision Involving a HSBC Overdraft
The FOS publishes anonymised decisions in its decisions database. One published HSBC decision (reference DRN-5450799) involved an overdraft complaint involving First Direct (part of HSBC UK Bank plc) where the FOS upheld Mr W’s case in part, finding that the bank should have realised from January 2020 onwards that the overdraft had become unaffordable due to persistent reliance patterns.
Each FOS decision turns on its own facts, so you can’t read across from one decision to another. What the published cases do show is that overdraft complaints are taken seriously and can succeed at the Ombudsman, particularly where evidence supports the consumer’s position.
Why Use a Claim Partner for Your HSBC Claim
Overdraft unaffordability cases turn on evidence — what HSBC knew, what they checked, what their own systems showed about your account behaviour, and whether they acted on the repeat-use signals the FCA rules require. Our regulated claim partner does this work every day, and brings several advantages over going it alone:
- Evidence the lender takes seriously. The claim partner knows exactly what bank statements, account behaviour patterns and credit-file data are needed to make the case stick — and how to present them in the way HSBC’s complaints team will respond to.
- No back-and-forth for you. Once your case is referred, the partner deals with HSBC on your behalf. You don’t take phone calls, write letters, or chase responses.
- Experience with FOS escalations. If HSBC rejects the complaint, the partner handles the Financial Ombudsman referral, including the detailed submissions FOS expects on overdraft cases.
- No upfront cost. If the claim is unsuccessful, you pay nothing. If it succeeds, the claim partner charges a percentage of the redress recovered, in line with the FCA’s fee cap rules.
You don’t have to use a claim partner — you can complain directly to HSBC free of charge and, if you’re unhappy with their response, refer the complaint to the Financial Ombudsman Service free of charge. But for most people, the time saved and the strength of evidence make using a partner the more practical option.
How a HSBC Overdraft Claim Works
The process is the same whether you complain yourself or use a claim partner:
- Eligibility check. A quick review of when your HSBC overdraft was opened, how long you’ve been overdrawn, what limit increases were applied, and any signs the lending was unaffordable.
- Evidence gathering. Bank statements, account behaviour data and credit-file information are reviewed against the lender’s affordability obligations and the CONC 5D repeat-use rules.
- Complaint to the lender. A detailed, evidenced complaint is submitted to HSBC. They have up to eight weeks to issue a final response.
- Lender response. HSBC may uphold the complaint, partially uphold it, or reject it.
- Escalation to the Financial Ombudsman, if needed. If the response is unsatisfactory, the case can be referred to the FOS, free of charge. FOS decisions are binding on the lender if accepted.
- Redress, if successful. Typical outcomes include a refund of interest and charges, 8% statutory interest on the refunded amount, and removal of adverse credit-file entries linked to the unaffordable overdraft.
For a step-by-step walk-through, see our guide to how an unaffordable lending claim works.
How Far Back Can You Claim?
There is no fixed cut-off, but two time limits matter:
- The Limitation Act 1980 — generally six years from when the issue arose, though courts and the FOS take a flexible view depending on when you reasonably became aware
- The FOS time-limit rules — usually six years from the event, or three years from when you knew (or should have known) there was a problem
Overdraft claims are slightly different from one-off lending claims because the unaffordability builds up over time. The FOS often looks at the full history of the account, even where the original overdraft was opened many years ago, because the bank’s duty is ongoing — they should have been monitoring the account and acting on repeat-use patterns as they emerged. For a fuller breakdown, see how far back can I claim for unaffordable lending?
What You Might Get Back
HSBC overdraft redress, where a claim succeeds, typically includes:
- A refund of all interest, fees and charges applied to the overdraft from the point at which it became unaffordable
- 8% statutory interest added on top of the refunded amount, calculated from the date each charge was paid
- Removal of adverse credit-file entries linked to the unaffordable overdraft, including any default markers
- Adjustment or write-off of any outstanding overdraft balance — if you’re still overdrawn with HSBC, the refund is usually applied against the balance first, with any surplus paid out to you
How redress is calculated is explained in detail in our guide on how unaffordable lending redress is calculated.
Frequently Asked Questions
Can I claim if I’ve already closed my HSBC account?
Yes. You can make an unaffordable lending complaint about a HSBC overdraft on an account that has been closed, paid off, or written off. HSBC is still obliged to investigate the affordability of the original overdraft facility and any subsequent limit increases.
Can I claim if I’m still using my HSBC overdraft?
Yes. You can complain about any HSBC overdraft you hold or have held. If the claim succeeds and you’re still overdrawn, the refund is normally used to reduce the balance first.
What if my HSBC overdraft debt was sold to a debt collector?
If HSBC sold your overdraft debt to a third-party collector, you can usually still complain to HSBC about the original lending decision and the way the overdraft was managed. The complaint is about whether the lending was affordable when it was given and whether the bank acted on the repeat-use signals it should have spotted, not about who currently owns the debt. If the claim succeeds and there’s still a balance with the debt collector, the redress is typically applied against that balance.
Will making a claim damage my credit file?
Making a complaint about an unaffordable overdraft should not damage your credit file. If your claim is successful, adverse markers linked to the unaffordable overdraft — including default markers — may be removed, which can improve your file.
Do I have to use a claims company?
No. You’re free to complain directly to HSBC and, if you’re not satisfied with their response, refer the complaint to the Financial Ombudsman Service free of charge. Most people we work with prefer to have a specialist claim partner build the case and deal with the lender on their behalf — but the choice is yours. The pros and cons are weighed up in our guide on whether you need a claims company.
Are there any fees if I use Claims Bible?
Claims Bible is an FCA-authorised introducer. We do not charge consumers a fee. If your case is referred to a claim partner and the claim succeeds, the claim partner charges a success fee — a percentage of the redress recovered, in line with the FCA’s fee cap rules. There is no fee if the claim is unsuccessful, and no upfront cost. Full fee details are provided before you sign anything. Read our fees page.
How long does a HSBC overdraft claim take?
HSBC has up to eight weeks to issue a final response. If the case goes to the Financial Ombudsman, decisions can take several months depending on complexity and the FOS workload at the time. Our guide on how long an unaffordable lending claim takes has more detail.
Related Guides
- What is unaffordable lending?
- The CONC rules on affordability — a plain-English guide
- Do I have an unaffordable lending claim?
- How the Financial Ombudsman handles unaffordable lending complaints
- What evidence do I need for an unaffordable lending claim?
Check If You Could Be Owed Compensation
You may be eligible to complain if a lender gave you credit you couldn’t afford. Start a free check in minutes — no paperwork needed. No win, no fee if you choose to proceed.
