Hi all , Wondering if anyone would be able to offer any help with regards to my current situation please . Myself and husband have been in receipt of child benefit since my eldest was born (16) we had no idea that in 2013 it because income tested and since 2013 my husband has earned I'm excess of 50k making us no longer eligible for child benefit . In August this year we received a letter stating we owed in excess of £5000 and was to be fined £847 for not informing them within 3 years we no longer should be in receipt of the benefit . We have set up a plan to repay the amount over 2 years and are aware there is a further £1700 coming after completing the 2016-2017 saf they have asked us to do . We are not disputing the amount or refusing to repay we have spent hours on phone calls trying to tirelessly get a solution to the amount ( they are not particularly helpful nor seem to know what other sept are doing ) I do however feel that the £847 fine is unfair as we have as soon as recieved the letter done everything they have asked and more . However after a brief letter explaining to appeal this fine they refused to quash it . I was wondering if anyone had any joy gettting this removed ? Or if anyone had any advice or letter template to retry to get this quashed or reduced at least ? Many thanks

Thanks have revised and will send with the £1 fee and see what the reply is , am hoping that if involve the fos and maybe the oft , maybe i can put enough doubt that the default was incorrectly carried out and make them ?? the enforcability of the agreement , not to mention that the managed loan inc od charges and cc late payments that it might make them just remove thanks for your help. am goinbg to try it with BC too to remove my husbands as they accepted a full & final as well . worth a try ! x

does this look reasonable ? Dear **** HSBC After recently obtaining a copy of my credit file from Experian, I was concerned to note that your company has placed a "Default" notice against a joint account in myself and my wife's name. Furthermore neither I nor my wife has any recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on As stated in your previous correspondence the account was put into default on **May 2011, marked as “satisfied” with £0 balance to pay. According to the Credit reference agencies a balance of £****** is still evident until ****** 2013, which is incorrect as a balance of £0 should be present from ****2011? The full and final offer stipulated all adverse data be removed the account marked at “settled” and the balance £0 from the date of settlement **4/2011. The data logged with the credit reference agencies is incorrect and in clear breach of s.87 & s.88 of the Consumer Credit Act 1974. I would therefore require that the above data requested is provided to me within the next 28 days, if you are unable to provide this data then I must insist that it is removed immediately from my files. I will also meanwhile be notifying the relevant governing bodies of my above findings to correct the data. Yours faithfully whilst trawling through letters the last response they sent me about the default was as follows : Dear ** i write fro HSBC customer care team, in regard to the letter from the FOS sept 2013 ,( i duplicated the letter to them as they were involved origionally with getting the F&F at the start). The letter expalined that you are concerrned that your credit file has been not updated accordingly. we also received a letter from you on *** which advised that account **** ( Current account) defaulted on the * may 2011should be marked as satisfied . i trust this clarifies matters for you . im rather confused as this is not the account thats defaulted but the main account thats attached to it , which shows as satisfied?? . our records confirm that we received a letter dated 28 4/2009 to request closure of the above current account, this was undertaken accordinbgly and closed april 2009. however, as you may be aware your managed loan ******* was closed on march 2010 and the outstanding balance of £9000 (odd) was passed to MCS in accordance with our debt collecting procedures. Having liased with MCS , they have confirmed that the outstanding amount was settled with a discount on ** april 2011. I can confirm that the default was not showing as outstanding and therefore has been no identifiable error. as such ia m unable to uphold your complaint . however , i have ensured that it reads correctly as partially satisfied. If any futher to discus call ***** ........ etc. end of letter my question before i send the letter to HSBC , is they said the account defaulted may 2011 however the cra show march 2011 is this something i should mention as to adding default before they say its defaulted or should i keep that in the bag , or is it irrelevant ? also they say my current account defaulted 2010 nothing shows for this, would they be trying to pull a fast one or should i not mention this incase they add this too thanks sorry for the waffle ! x

Thanks I will do both above , Do you think I should include all points on letter to HSBC 1) balance should be £0 since 2011 and is incorrect 2) agreement has defects as noted by yourself and include a copy 3) I do not remember receiving a relevant default notice So therefore request you correct the data set balance at £0 from 2011 leave as satisfied and remove default ? I'm a bit confused as to when the default should have been applied and if it was done correctly , I've had a look online to see if there is a pathway but have confused my self , do you know of any threads that I could check that will allow me to add to the info above to put more pressure in to remove the default ? Thanks x

Just checked online default date 23/3/2010 , date satisfied 12/4/11 However in the bands 1-12 months the balance still shows £9000 odd upto the month before this ! What's that all about ??? Grrrr

I sent an Sar prior to the default , so should I request another or would a request for a copy of my agreement and default be ok ? Should I inform HSBC and oft /FOS that am applying for correction as incorrect ? Would that put more pressure or them to remove it if done that incorrect as well ? Thanks

Hi all , thanks for your replies I'll try and remember all te questions to answer as follows, The manged loan was made up of overdraft , credit cards and a loan I think , I can't remember if they did an affordability test sorry . There was some unfair charges involved as we claimed them back prior to the f&f about 12 months before from the overdraft credit card I think . However this does mean some of the balance would have prior charges. I'm only looking at the date of default on experian , how do I find my exact date of default ? Yes I have sent a SAR previous to get my managed loan details to get it disputed and eventually f&f. Regarding the credit details now , previously is stated settled with each month showing £0 and an 8 default However since I have asked them to remove it last month they have updated my file , and added balance to last month of £9000 odd with a default and only £0 last months ? Surely this should date back £0 to settlement date ? 2011 I think they may have defaulted me on the date if the f&f ??? I'm desperate to get them to take this off and am just wondering the best route 1) unenforcable - remove as not enforcable incorrect data? 2) can't remember default notice coming 3) can they default if in dispute as was in dispute right Upto f&f Oh and how and who do I apply for a notice of correction ? Thanks for all your help it's very much appreciated x

The managed HSBC loan on the credit agreement the figures did not add up due to leap years and the final amount did not = the monthly amounts required . I put tha account into dispute and after about 18 months of battling they accepted a full and final offer of approx £3500 of a £9000 odd balance . They have noted a default on the account according to experian as march 2011. Just having a look through some posts , I was wondering if the credit agreement was floored ( unenforcable ) and they accepted a f&f would I be able to get them to remove the default? should I go down the line that the default was added in correctly while the account was being disputed , I also at one point involved the FOS who sat on the fence would not document to be unenforcable even though figures did not match Many thanks shall await your advice

Hi they have stated the default date as March 2011 , so I have a while yet if it's 6 years , which is why I'm seeig if there's another option to get it taken off

Hi , was after a but of advice if which way is the best to go . I had an loan in dispute with HSBC re incorrect credit agreement , to which they put a default onto the account . They in 2011 accepted a full and final settlement for a partial amount as the credit agreement was floored. They have logged a default on my account and have marked it as satisfied and the balance as zero. I sent a letter to them requesting removal of the default a few weeks ago trying my luck as I am trying to move house ( new mortgage) and don't want this holding me back . Thy refused and have since updated the credit file as the balance being £9000 odd until last month and this month £0 so it now looks like the balance has been not settled for over 2 years and have showed a recent update of still in default. My question is if the account was disputed can they still issue a default ? Can they issue the default if credit agreement was floored and they have issued me in writing that the amounts were in correct which is why they eventually gave in to a f&f offer. And also how can they if it was settled in 2011 update the balance to last month still showing the original default balance ? How do I get this removed ? Thanks I'll await your advice

Hi again , have dug out the letters that sent with the full and final offer, It says following your correspondance accepting the full and final offer etc please find enclosed a cheque for the fll amount . I request that you and your clients ******* remove any adverse data on my credit files and that the origional creditor provide me with written confirmation that the account is settled, closed, cancelled and that the balance is put as zero £0 . please ensure that confirmation of the above is sent within 7 days of the cheque payment becoming cleared funds . So can they leave it on , catch me on a technicality from how i worded the full and final letter ? thanks x

Thanks very much ill start drafting a letter and will await car 2403 response x

HI all , Last year i did a full and final with both Barclaycard and HSBC , they have marked amount as zero on credit file and settled however its still defaulting , Can i get this removed as its now settled ? thanks

Hi all i hope you can help me i though this was all over and done with I had a littlewoods account to which i persued right through to courts and they never filed a defence and the were ordered to pay me extra care insurance refund and because they did not submit a defence it was deemed unenforcable. In the particulars of the claim it said all the usual removal of data , mark account as settled and repay me the monies owed. I received back in 2009 i think the refund , however when i have just looked on my credit file they are still saying i have a limit of £150 but i owe £255 so therefore its uns ettled and marking a default each month against me OMG !!!! So where am i best to start ? thanks Also i am going to start a new post cause i have done a full and final on another account which they have now marked as settled and i am wondering if i could get the default removed ? thanks

Thanks again for the help ill have a read through