My own (and wifes) Default Hell!

[ClintMccutcheon]

Hello, firstly let me say i am fascinated by the wealth of information on this board, it truely is astounding.

 

Let me explain my situation, 4 years ago i opened a HSBC Student account, due to various reasons this account was placed into default for the sum of £1300, the first i heard of the default is when i got a letter from DCS Collection Agency (i think) sometime around 04/2005 asking for full repayment, which i proceeded to do there and then, balance with HSBC Fully satisfied.

 

I obviously now have a default on my file from 04/2005 which is listed as settled, but is causing my & my new family (have a baby boy on the way) so much distress it is untrue.

 

I am in a highly paid job, have a current account with debit card and cheque book etc (opened before the default was registered)

 

I have an AA Loan which ive not missed a payment on in 23 months

 

I Have several store cards that i have never missed a payment on

 

I have a credit card which i have missed 1 payment on (capital one credit builder, £200 limit, all i could get)

 

I am now in the process of trying to move house to be closer to my little girls school, and due to my salary the funds would generaly be available to myself, how ever the mortgage broker stated that the default will be a problem.

 

 

Now, i wish to have this default removed, it in no way represents my current finances, or standing, and it is punshing me & my family for a mistake i made as a student nearly 3 years ago.

 

Im just wondering what the best course of action is,

 

Try to ask nicely first citing that the entire balance was settled immediatly, they have all their money back & im trying to move on with my life?

 

Or jump straight in with SurelyBonds template letter (where has that guy gone? , such a shame)

 

Has anyone else successfuly had a HSBC default removed? I notice tobes has and i have PM'd him (apologies if that breaks any rules) but i wondered what approach everyone else took.

 

It seems outrageous that i cannot even sign up to get a mobile phone without paying a £150 deposit even though i have several excellent maintained credit accounts, the DEFAULT word usualy means automatic rejection, and i really want to be able to lead a normal life, which ive been prevented from doing (cant switch bank account to better deal, cant switch gas supplier without need deposit, pretty much cant do diddly squat)

 

Sorry for the rant, but the whole thing has left me in a bitter bitter mood, but i welcome everyones opinion and ive been following these threads for ages!

 

Thanks everyone!

[prushton]

Have you tried writting to the credit reference agencies and asking them to remove the default as the debt has been repaid.By law any information a credit reference agency holds must be accurate.

[ClintMccutcheon]

Hi, thanks for the reply, no i have not, as im sure id get the standard 'we only hold data we dont process it' reply letter and they would probably tell me to contact the original creditor, as i think ive read in many posts so far,

 

By all means correct me if i am wrong, im by far any expert on any of this, im just going on what i have read!

[ClintMccutcheon]

I see

 

I've been reading this forum alot recently, as ive started proceeds against HSBC for an old student loan default they placed on my file in 2005 (which i settled in full within 24 hours).

 

Im trying the 'ask nicely' approach first before i get shirty though!

 

Best of luck ill be watching this one with great interest

 

Clint

[un1boy]

I see

 

I've been reading this forum alot recently, as ive started proceeds against HSBC for an old student loan default they placed on my file in 2005 (which i settled in full within 24 hours).

 

Im trying the 'ask nicely' approach first before i get shirty though!

 

Best of luck ill be watching this one with great interest

 

Clint

 

Well CLint, if you cleared it within 24 hours of them issuing you with the notice then they should have removed it:

 

89 Compliance with default notice

If before the date specified for that purpose in the default notice the debtor or hirer takes the action specified under section 88(1)(b) or © the breach shall be treated as not having occurred.

[Laiste]

Hi Clint,

 

I am not at the stage of getting defaults removed as yet, still very much in the thick of legal proceedings! That said, in my experience, you don't get anywhere adopting a softly softly approach! The banks and credit card companies will resist any attempts to get adverse information removed from credit files, its their way of beating people over the head if they have had problems! No doubt you will already know that a default on an a/c in a creditor's eyes is effectively as bad as a CCJ and is the death knell as far as getting credit is concerned! Ok, enough of the negative stuff!

 

What I would say on a positive note is, if you are prepared for a fight and you will need to be, then with the help from Surlybonds thread and others, you can sort this out! There really are no prizes though for engaging in polite discussions! It will take you five times as long to sort the matter out and if HSBC think they can exploit your polite nature, believe me they will! You can be forthright without being rude, just remember that you are in control of the timescale for things, don't let them take the p*ss by delaying/stalling on things. Make sure you know exactly what you are doing before you embark on your quest, then work out a timetable and stick to it rigidly!

 

I'll keep checking your thread and best of luck!

 

Laiste.

[ClintMccutcheon]

un1boy, thanks for your input i have been following your threads also,

 

I forgot to mention one important point, i dont remember them serving me a notice of default, or giving me time to rectify this.

 

What happened was, because i hadnt paid any money into the account for a while (balance was £1308.xx) they asked me to pay it back at what i could afford (Not sure why, i was young and didnt contest)

 

I must note that i was well within my agreed overdraft limit of £2000 (university student account) but being young and naiive i just agreed to pay £60 a month (I am SURE I signed something and im not sure if this is going to make a bearing on anything - i think it may have been a standard Income & Expenditure form detailing what i could afford to pay them) out of my salary, one month my salary came a day late and the payment was missed, next thing i know a debt collection letter arrives asking for full amount.

 

By then i'd obtained a small loan to pay off the overdraft so within 24 hours of recieving the DCA letter, rung them up, paid it all off.

 

Back then i had no knowledge of what a credit file even was! But of course HSBC listed the balance as Defaulted on 03/05, settled 04/05..... As i found out some time later when i applied for a credit card and was rejected instantly.

 

Anyway, such leaves me in my current situation, 7 excellently maintained credit accounts, including a mortgage taken out in late 04 (before default), and one HSBC Default for an amount i settled in full.

 

Hence i would love to force them to remove this, one way or another!

 

If my letter back doesnt give me the result i want, it will be straight in with SurelyBonds letter and ill get this ball rolling.

 

Cheers all

Clint

[ClintMccutcheon]

Right, ive sent my initial letter today, recorded delivery to HSBC's office in london.

 

Ill update this post on any feedback i gain from them, good bad or ugly!

 

Clint

[un1boy]

un1boy, thanks for your input i have been following your threads also,

 

I forgot to mention one important point, i dont remember them serving me a notice of default, or giving me time to rectify this.

 

What happened was, because i hadnt paid any money into the account for a while (balance was £1308.xx) they asked me to pay it back at what i could afford (Not sure why, i was young and didnt contest)

 

I must note that i was well within my agreed overdraft limit of £2000 (university student account) but being young and naiive i just agreed to pay £60 a month (I am SURE I signed something and im not sure if this is going to make a bearing on anything - i think it may have been a standard Income & Expenditure form detailing what i could afford to pay them) out of my salary, one month my salary came a day late and the payment was missed, next thing i know a debt collection letter arrives asking for full amount.

 

By then i'd obtained a small loan to pay off the overdraft so within 24 hours of recieving the DCA letter, rung them up, paid it all off.

 

Back then i had no knowledge of what a credit file even was! But of course HSBC listed the balance as Defaulted on 03/05, settled 04/05..... As i found out some time later when i applied for a credit card and was rejected instantly.

 

Anyway, such leaves me in my current situation, 7 excellently maintained credit accounts, including a mortgage taken out in late 04 (before default), and one HSBC Default for an amount i settled in full.

 

Hence i would love to force them to remove this, one way or another!

 

If my letter back doesnt give me the result i want, it will be straight in with SurelyBonds letter and ill get this ball rolling.

 

Cheers all

Clint

 

Ah, well I was going to suggest a CCA request but if the account has been paid off then a CCA request won't work. hmmm.....you could write to them and ask the to supply evidence that they sent the notices, I've done that and all they can supply is a slip saying "Default notice sent" but, that proves nothing: I didn't receive any.

 

Um, as for getting them to remove the defautl, try hitting them with the Stat Notice which is one of Surly's stickies to stop them processing your data.

 

After 21 days, if they fail to comply you can take them to court for not complying with it.

 

I am pretty new to this, as you may know depending on which of my threads you are following! I am just doing this with T-Mobile myself and it's got to the Allocation Questionnaires!

[ClintMccutcheon]

So in regards to if i ask them to supply with the true copies of the Default notice, they are entitled to just send you a slip saying 'default notice sent' and thats it? they dont actualy have to furnish you with the information?

 

If that is the case i may just fire surely's letter at them, on a related note, has anyone had any success with Surely's letter to a large corporation... ie HSBC

 

I can understand that smaller lenders may in effect crap themsevles at the letter and just comply, but im banking on a major plc such as a bank to argue the toss.

 

Clint

[prushton]

I do seem to remember that if the default is registered on your credit reference and its incorrect as the debt has been paid then you should contact the original creditor and have them write to all the credit reference agencies and correct thier records, they may of course have sold the debt on in which case you would need to find out who owns the debt and get them to amend the details held by the credit reference agencies. Hope this helps.

[un1boy]

So in regards to if i ask them to supply with the true copies of the Default notice, they are entitled to just send you a slip saying 'default notice sent' and thats it? they dont actualy have to furnish you with the information?

 

If that is the case i may just fire surely's letter at them, on a related note, has anyone had any success with Surely's letter to a large corporation... ie HSBC

 

I can understand that smaller lenders may in effect crap themsevles at the letter and just comply, but im banking on a major plc such as a bank to argue the toss.

 

Clint

 

Hi Clint, sory to confuse but I meant to say that as far as I am aware sending a slip saying the notice was sent is not sufficient proof that you have seen it, or that it has been sent. How can it be?

 

You can write to them saying you never received the default notices and that you require them to prove that a) it was sent and b) that it conformed to the requirements of sec 88 of the CCA.

 

They will send out a letter saying there is an automated note saying it was sent, so that means it was - tosh in my opinion. And that doens;t even prove that it was formatted correctly.....you can then write back to them and say that it wasn't sent, but you'll have to be prepared to go to Court over it!!

[Laiste]

Hi Clint,

 

I understand that you have many questions you need to get answers to, but you are now hijacking my thread by opening up a discussion about the problems you are having! I understand you perhaps want answers quickly, but you need to raise the points in your own thread, otherwise people are going to get confused!

 

Laiste.

[un1boy]

Oh Sorry Laiste- I thought this was Clint's thread, lol....there's me getting confused.

 

I'll contact a mod to get these posts moved!!

 

Its ok its already been spotted and moved

[ClintMccutcheon]

Ill see what response i get from them and then take appropriate action!

[ClintMccutcheon]

My mistake sorry, not intention to hijack!

 

New to this myself and always learning,

 

Ill stick to my own thread

[ClintMccutcheon]

Well, i had a phone call from HSBC today after i sent them my 'ask nicely' letter, someone from customer services rang me up to tell me that because their a responsible lender they cant remove the default notice, i simply said that when the contract was terminated, so did your permission to process my data, even be that the monthly re-newal of the default flag.

 

To which the guy says... 'we only shared your information with our internal debt collection agents'

 

I simply said i will correspond in writing from now on and will send SB's letter today.

 

 

What a load of cr%*!

[ClintMccutcheon]

Update -

 

Sent S.10 Notice, recieved by them 19/01/07

 

I've had no response from HSBC at all, not even a "thank you for your a*$ache letter, 10 days"

 

I hope this will add more fuel to the claim fire as they arn't exactly following the banking code there (i know the letter was delivered 19th january, RM says so), No reply at all and non-compliance of a legitimate S.10 notice?

 

Not all doom and gloom as IF accepted my mortgage application!

 

But i have to give them a 10% deposit grrrr, anyway

 

Still want this removed, im hoping that they dont reply, then i can file a court claim as advised by dayglo, for non-compliance.

 

Waiting seems to take forever!!!

[spoogewhale]

Clint,

 

Im going for a two pronged approach as I have money to claim back as well as defaults to be removed on both a Current account and a Mastercard.

 

Whilst the current account LBA was sent 2 weeks ago, the CC LBA was sent today. Both of which state i want my money back and the deafults removed. I will give them 14 days form today before I make one claim for all charges and defaults.

 

I have also sent SB's letter on Friday, so they have until the end of this week, then I will take things further if I have not heard from them.

 

Will keep you posted on how I get on!

 

Spooge

[ClintMccutcheon]

Recieved a letter this morning

 

'im looking into your complaint and will let you know when we are done'

 

gah, i can still file n1 after the 21 days is up right?

[andabar79]

what happened here clint? resolution?