HSBC/metropolitan default on my account

[oakleyrob]

I had a debt with HSBC for around £600 that got passed on to Metropolitan collection agency which is now settled.

 

I disputed the fact it got passed over to Metropolitan at the time as was in the process of moving house and did not use the account any longer as I had changed banks.

 

I had agreed to pay £40 a month till the debt was settled which they accepted,

then they claimed they wanted more and that I needed to pay 2 lots of £40 on 2 consecutive days to stop it being passed over to a debt collection agency.

 

I agreed to do this on the condition they repay the interest on the account which we agreed would be £40 with in 3 -5 days of me paying the money.

 

I would be paying £40. I however asked for this to be put in writing to confirm all this, yet when the letter came it stated we may repay this back to you.

 

I did not pay the £40 as I wrote to them saying this is not what we agreed to.

 

By the time all this was going on they passed it over to Metropolitan collection Agency.

I complained to the Financial Ombudsmen Service

but they agreed with HSBC as they said I did not pay the two lots of £40.

 

I now have a default on my credit rating which I would like to try and get removed so I can remortgage to get a better rate

as the only bank I can get anything with currently is my current bank.

 

After reading a few post on here and similar sites

 

i wrote a letter to HSBC asking for a true signed copy of my original credit agreement with the bank.

When I spoke to a lady in the bank she said she was not able to find it.

The reply in the letter I got from them states there is no formal written agreement for the account.

I have also asked for a copy of a final demand notice which they have sent to me.

I also asked for a copy of the deed assignment due to it being passed from HSBC to Metropolitan.

 

They claim they don't need this due to it being in house?

Is this correct?

Or is this the loop hole I am looking for to get the default removed from my account?

 

Any help would be very much appreciated.

[havinastella]

Moved to HSBC forum!

[havinastella]

Met are in house for HBSC, they call it by a different name so as not to tar the Banks image

[BRIGADIER2JCS]

Hi Welcome to CAG, What sort of account is this? If it is a current account/overdraft then there is no CCA regulated agreement.

Also you are not entitled to see the deed of assignment which is a commercially sensitive document, and they are correct that if inhouse collections are acting then no ''notice of assignment'' is needed.

Have you checked your credit files recently?

How long ago was this defaulted.

IMO your best bet is to make a Subject Access Request under the Data Protection Act 1998, this requires the bank to supply ALL the data they hold relating to you.

There is a £10 statutory fee for this, the bank have 40 days to comply, there is a template in the CAG library for this.

[oakleyrob]

Thanks for the reply.

 

Account is a current account. Checked my credit files and a default was placed on feb 2011 for £511

[oakleyrob]

In asking them for all the date they hold about me, what loop holes should I be looking for to try and get the default removed from my credit rating?

[BRIGADIER2JCS]

In asking them for all the date they hold about me, what loop holes should I be looking for to try and get the default removed from my credit rating?

Ok so there is no Consumer Credit Act 1974 agreement for the account.

At this moment I have to agree with the FOS decision here. I cannot see any ''loop hole''

Just as an aside, even if the default was removed it would not immediately improve your chances of getting approval for credit.

[BRIGADIER2JCS]

In asking them for all the date they hold about me, what loop holes should I be looking for to try and get the default removed from my credit rating?

Without seeing the data and the crystal ball being in hock it's hard to postulate what could show up.

[dx100uk]

hi or

 

have you actually written a plain letter to halifax

asking if they would see fit

to helping you by removing the default

as it is preventing you from bettering your financial outlook?

 

dx

[oakleyrob]

The default has been placed on the account by HSBC and I now bank with Halifax.

 

Would they remove it for a gesture of good will if I write and state I have learnt my lesson etc?

[dx100uk]

worth a try.

 

just a 2nd though, were there bank charges involved in the balance, or leading upito it?

 

dx

[oakleyrob]

They were the interest charges added over time

[BRIGADIER2JCS]

You can try to appeal to their better nature, but they re not renowned for generosity.