this book Will be the best you read Actually I was given the book by my parents and read it. That was how I knew about CAP and why i approachd them.. Made being let down by them even worse. Post code lotteries should not apply to 'Christian' organisations.

Hi thanks car. I guess the FOS proved their worth on this occasion! Keep the faith - there is some hope out there!

Hi Shad, thanks. We weren't expecting to 'win' so it came as nice surprise that the FOS were indeed useful. Cheers and regards, Mozz1

Hi Frett & thanks for the congrats. Happy to post up this success to encourage others to stick to their guns. If you read back on this thread you'll see there were plenty of the "big guns" urging us to settle for the cash compensation an to give up on the removal of the Default. But we figured that a 6 year Default on the Credit File was worse and, more to the point, was unjustly issued by HSBC. So we stuck to our guns and the FOS agreed. I was hoping the mods would move this thread to the HSBC success forum. However, glad you are pleased with the outcome Frett - as are we, as are we!

VICTORY OVER HSBC I attach a copy of the letter received from the FOS, confirming that HSBC will now remove the Default from the GF's credit file as a consequence of the "miscommunication from HSBC." Also, she gets paid the £300 compensation as well. So, in the end there was no need for Court. The Financial Ombudsman delivered and adjudicated this dispute superbly. So, from a position of having her current account withdrawn and credit file trashed by HSBC, she now has the account back, the £300 compensation and a clean credit file. Over 'n' oput folks. A big thank you to all those who helped with their support and kind advice, especially you Johnny and Car. Mozz1 http://i822.photobucket.com/albums/zz150/mozz11/c5d367dc-1.jpg http://i822.photobucket.com/albums/zz150/mozz11/c605ec8e.jpg

Hi folks. Its been a while but the FOS have been investigating the GF's complaint against HSBC and there hasn't been anything to report. Sooo...the GF got a 'phone call today from the FOS and they told her that HSBC have been asked to REMOVE the Default on her credit report!!!!!!!!!!!!!!!!!!! The FOS said that the bank had NOT communicated properly with her during the dispute and prior to the expiry of the DN period and, furthermore, that the compensation sum will ALSO be awarded. We don't have this in writing yet...but, if this is what happens, then it is nothing more or less than TOTAL VICTORY over HSBC. The FOS will have done us proud as well. I will post up the FOS letter when received if anyone is interested?

unfortunately, ars4 kissing does help when dealing with the old bill

who's brian carter? a law firm?

ps if you want the CCA you need to write to egg for it. the january 2010 OFT Guidelines state that debtors should be expected to contact the OCs and not DCAs for the their credot agreements. seems the OFT are caving in to pressure from the finance houses and s75 of the CCA 1974 is unclear anyway imho

Chalk, I wrote to Frederickson telling them the account is in dispute and copying them in on my letters to egg about the dispute. I warned freddo's that any attempt to contact me while the account is in dispute is a breach of the OFT guidance 2003 and further that i would report them to the police. cc my letetr to the fos and to egg with a threat-o-gram of my own, making the point that para 2(k) (from memory) of the OFT Guidance 2003 states that a creditor is liable for the unalwful actions of his agents.

hey! chalk! I got a letter from frederickson inter'l yesterday. demanding full o/s. first letetr i've had from a dca since capquest threw the towel in a coupla months back. freddies say they have written "numerous" times chasing me but this was defo their first letter. my account is in dispute and the fos are looking into it so i'm gonna tell freddies's to fox trot oscar.

...waiting to hear from the ICO and the FOS...waiting...waiting...

Oh and Hippo, I was defo not intending to upset you. sorry if you got that impression mate.

Hi. Yes, its definitely the guidance/recommendantions they have been 'in breach of'. A sort of 'pirates code' then I suppose for the banking industry. Ok, so that given HSBC have breached the code (which we believe to be the case) but given that these have no legal basis (ie the guidelines are not statutory), then presumably court is a definite no-no and the only recourse is to the LSB and FOS. The LSB aren't interested. They have wriuten saying they won't look at individual complaints. They say they have passed my papers onto their investigation unit but that I won't hear further from them even if they do look into it. The FOS, I am advised, are an outboard ashtray and doon't/won't look at asking banks to remove Defaults from the CRAs anyway. I have contacetd the ICO but fronm the above posts they won't look at Default removals either. So, would I be right in thinking that the GF should just give up nowand accept this Default/6 year life sentence despite the fact that the Lending Code has been breached? Looks like the end of the road then?

Sorry, just so we can get this right. Your view is that recording a default with a CRA during a disputed account/formal complaint and even if the excess notice has been complied with isn't wrong??

Hi. It is the Default registered with the CRAs that she is disputing. To cut a long story short, she had exceeded her overdraft by about £45 and HSBC sent 2 excess notices. She responded to both excess notices and on the second excess notice she made a repayment offer and also brought the account back within the agreed limit. The bank, however, ignored this letter and sent a DN. On the same day that she begged borrowed and stole the money off her rellies to repay the overdraft in full, the bank registered the default with the CRAs. It is now marked as "Satisfied" but the Default is now sat there for 6 years and has trashed her credit worthiness. I would also point out that she had also kicked off a formal complaint with the bank prior to the default being registered. This really is a very shoddy, and in my view, frankly disgusting example of HSBC's crass incompetence.

Hi. I would have thought our bringing a claim for the removal of a default thru the small claims track wouldn't be too onerous? Costs are limited for either party are they not? Anyone know what the worst case sceanrio might be on a small claims track claim like this? We could drop the case if it gets allocated to a higher track. Also, why the heck would HSBC defend if there is no money in it for them? They have already been paid in full...

oh we will defo take them to court Johnny. Our concerns are that the court will say "its got nothing to do with the court." Its an ICO matter. and we all know what useless crankers they are.

Hi Emandcole. thistakes me back to the court route; can / will the court look into a 'claim' to remove a DN? There is no financial loss here - just a trashed credit score despite repaying the o/d in full on the same day they registered the default.

Car, on another (similar)m thread to this you have said : "There needs to be a basis for Default removal - they won't remove it because you ask, but it's challengable if the debt is unenforceable, or the Notices are dodgy. None of which you'll know until you SAR them." Our issue relates not to unlawful charges/disputed sum/unenforecability, butt o the fact that HSBC breached the industry codes in defaulting the GF afetr she had kicked off the complaints process. In your opinion, is the court going to be able to consider this?

cheers mate. thats reassuring. it was so embarrassing its unreal. thats punishment 'nuff without having to fret over an unexpected letter. So thanks for putting my mind at rest.

Hi. I have been pulled over by the police. I advertently made a dangerous albeit low speed manouvre. No accident or 'owt but sadly I perchance happened to overtake a police car in a queue of traffic (I thought the queue were parked up cars but they were in fact waiting at road works). Ok, so the police car puts on its sirens, horns, lights the works and pulls me over. Its like The Sweeney or something. 2 really ****ed off coppers get out and say I might be done for dangerous driving. Quite unpleasant situation. They do the checks on my tax, licence, insurance etc. They say they will let me get away with it because I was not intentionally trying to kill anyone. I'm given no papers and can drive away. Questions: can the old bill change their minds and send me a notice of intended prosecution in the post? Do they do that kind of thing? ie telling the motorist "forget it" and then prosecuting anyway? Was I cautioned? Does a caution have to involve paperwork or can it be verbal? Will they keep a record of this occurance on their computers for the rest of my life?

Thanks. Will report back when hear from Foz and ICO to discuss escalation options.

Car, which track/s were your cases allocated to and why? If we take HSBC to court, are you willing to help guide us?

Car, did you win your cases?