HSBC and TOMLIN ORDER resulting in Default with CRAs

[Guest jsa12]

the letter templates are here.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?174-Letter-Templates&

 

as for telephone calls' i made mistakes in the early days receiving calls in the evening from a couple of gigglers pretending to be an american life insurance company when it was metropolitan that was calling,basically if they have your phone number then yes these calls will keep coming.many people these days do not have home phones those that don't sim cards change often,in which case this is bad news for them.there has been various gadgets banded about trucall at around £100 when the former works even better.

 

there is no need to turn any of this into a stressful exercise,it may be because i have been battling to this and have become a little more used to this carry on i dont know but personally i dont feel stressed now.from whats been posted about hsbc it would be very wise to look for another alternative then have anything to do with them,people have left money/paid into other accounts only for it to do a vanishing act.the first and most important step is open a cash account at another bank then they cannot touch any of your money.

[Carningli]

Bump

[Carningli]

Well Caggers like a bad penny here I am again.

 

I constructed this post yesterday but got timed out and when I came to submit I was told that I had to log in again and promptly lost all my work!

 

I have challenged HSBC with regard to their attitude towards to the OFT guidelines in respect of debt collection with accounts in dispute. One of the OFT guidelines states and I quote "The creditor may not demand any payment on the account neither is the debtor obliged to offer payment".

 

HSBC have written to say "if an account is being operated outside the agreed limits the lodging of a complaint does not stop standard recovery procedures".

 

Could someone please confirm that HSBC's comment is correct in relation to the interpretation of OFT guidelines and what is the definition of "standard recovery procedures".

 

HSBC also stated "there is no guideline or condition that states an account that is either in arrears or over an agreed limit should be subject to any deferment of collection activity at the point where an account holder lodges a complaint".

 

I find this comment most interesting because if this is the case, what is the point of making a complaint?

 

HSBC goes on to say "I would again refute these claims as there is no guide line or condition that relates to an account that is either in dispute or in arrears or over an agreed limit should be subject to any deferment of collection activity at the point where an account holder lodges a complaint"

 

Again I would be grateful for other Caggers opinions and experience. When HSBC was to confirm that HSBC subscribed to the OFT guidelines on debt collection and the right of set off within the Bank Lending Code they evaded making any reference in their response, which can only lead to the conclusion that they do not subscribe.

 

Carningli

[Carningli]

Can someone please enlighten me?

 

At the time of the issue of the Supreme Court judgement on Bank Charges

I had a claim for excessive and unfair Bank Charges lodged with HSBC.

 

 

Almost as soon as the judgement was made public HSBC wrote to me stating

the charges were part of their core business and that they were rejecting my claim.

 

 

At the time there had been no challenge to the judgement and not knowing what to do

, I froze the accounts and moved to another bank.

 

 

HSBC duly instructed DG (Solrs) in house collection agents to obtain a Court Judgement.

I felt that I had little to lose by going to Court and filed a defence and before the case was heard exchanged bundles.

 

Somewhat to my surprise I received a call from DG suggesting a settlement out of Court.

I like to think that when they saw my defence they had second thoughts wanted to avoid any bad publicity.

 

 

The matter was discussed between both parties and a compromise

in which the majority of Bank Charges were rescinded

and another loan account to be settled in full was reached, bound by a Tomlin Order.

I was happy with the contract within the order.

 

 

The order ran for a period of tweleve months and was discharged without any failure.

(With the exception I overpaid the agreement due to an error by my current Bank by £100

which has not been repaid, but I will leave that to another thread).

 

I now wish to open another basic Bank Account, but have been refused by First Direct

although I still have an account with HSBC which has never gone into the red.

First Direct did not give me any reason for refusal but pointed me in the direction of the three CRAs.

 

On receiving my credit reports,

I was astounded to see that a default had been registered against me for the bank charge figure

agreed to be rescinded in the Tomlin Order.

This default being carried forward for five years on my file.

 

I thought that a Tomlin Order in full and final settlement meant just that

and that if I failed to discharge my obligations the matter could be fast tracked back to the Court for judgement

, but not that HSBC could refer a matter of confidence to the CRAs and lodged as a default.

 

I am not sure how I should deal with this,

I know that I can lodge a letter of correction with the CRAs.

But I also feel that HSBC were not entitled to issue a default

when the account was in dispute and especially after a Tomlin Orde

r had been approved and running it's course.

 

With thanks Carningli.

Edited August 20, 2015 by Carningli
Typo correction

[fkofilee]

Complain to HSBC

 

stuart.t.gulliver@hsbc.com

 

Was part of the Tomlin Order that the account would be removed off your CRA?

[Carningli]

Hi fkofilee,

No there was no specific reference to CRAs within the order but the account was formally in dispute with HSBC and a LBA had been sent to HSBC. They also held collateral to cover this overdraft and my wife had HSBC Personal Banking. There was no danger of HSBC losing money in this situation. They were just determined to be as awkward as possible.

 

Carningli

[fkofilee]

Honestly... I think you should go elsewhere...

First Direct have very strict assessment rules.

 

1 AP marker or Default and they wont take you.

 

Id try Nationwide... Im with them now and they give me everything I could ever want.

[dx100uk]

or the co op

 

 

if the defaulted date is almost 6yrs old

its not worth the effort

the whole account will vanish then

 

 

dx

[fkofilee]

Yes COOP's Cashminder is a good account, but it is very basic.

The default will disappear on its 6th birthday.