Hi just been reading up on other threads and it seems You can't CCA for an overdraft?? Is this right? if so what would requesting a SAR achieve for my disputing the deafault on an overdraft account? Many thanks

My partner has just received a statement from halifax to say her credit card limit has been increased. Surely they would do a credit check prior to a limit increase?? Is this normal when a default is active? Thanks

Thanks again can i ask why you suggest the S.A.R over the link i posted above? If i cant get the signed credit agreement with the t&c's it would then deem the debt unenforceable therefore they would have to remove the default. Am i correct with this? I didn't want to go down this unlawful dept route as we're happy to honor the debt but i feel this is the only option. Thanks Rich

Yeh she changed over to a halifax account, the account wasn't touched for 3 months and started paying the £50 pm when the cancelled the overdraft facility, this was continued for 8 months with 8 payments, they then closed the account with no letter and only found out when she went into branch to pay in additional money (the branch also could not find out why the account was closed which to me if they dont know why the account was closed how have they informed us?) Thanks

Thanks for this, when you say 'part payments' do you mean part of the agreed payments i.e loan, this is an overdraft facility that my partner had on her no closed account (debt passed on to Metropolitan to recover). I think i will have to go down the signed credit agreement route as the account is closed and the default has been placed on the account (unbeknown) 3 months ago. Are they still right to issue the default when even in the final demand letter it states that were are happy if a sufficient monthly payment would be agreed (which it was) and we didn't hear anymore until the account was closed? Can anyone advise me whether the best route to take is to challenge the default or go the signed credit agreement route using this link? http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913 Many thanks

Hi everyone I have received a letter from HSBC today containing an electronic copy of the default notice (which i requested). I'm not sure if it actually is a default notice? The letter head mentions FINAL DEMAND and also includes a statement of means. I can scan a copy of this letter if it helps. Is a default notice normally have a header of FINAL DEMAND and include a statement of means? It also mentions that they want a payment in full or a proposal for repayment by installments (which she did do). Please could anyone advise where i could go from here?? Since the account is around 7/8 yrs old is it worth going down the signed copy of the credit agreement route?? My partner has had the account for about 7.8 yrs although her account was transfered to a graduate account around 4 yrs ago (but she doesnt think she signed a new agreement). many thanks

thanks So are they right to place a default on her account because she changed her income over to another bank even though she had set up a direct debit of £50 so the overdraft was coming down? thanks

Thanks. Are the bank correct in applying the default as the account had an agreed overdraft and the account was receiving monthly payments via a standing order/dd. Surely them setting up this standing order/dd they are accepting this as a sort of payment plan. Could anyone explain the the reasons a bank could issue a default on a bank account. Also, am i correct in thinking that if they fail to respond to a CCA section 78 request the account/debt is then in dispute and the default will be removed until the dispute is resolved?? Thanks

Hi i would appreciate any advice that would aid me in removing a default from HSBC from my partners student overdraft (very similar situation to the thread from chris1977 http://www.consumeractiongroup.co.uk/forum/hsbc-bank/126335-trying-remove-default-hsbc.html Although there were monthly payments of £50 or more made via a standing order setup over the phone 6 months prior to them closing the account without notification of closure and default (we only found out about the closure when she went to the branch to pay in additional money, and they couldn't explain the reason for closure and gave her the number for Metropolitan to set up a payment plan. We only found out about the default today when we went to our mortgage lender as we are planning to move house but now cant until this is removed. Does anyone think we have grounds to speak to the branch again explaining the situation as we feel the account should not have been closed as it was receiving money each month (i think they were unhappy as we had both transferred our custom to another bank and wanted the overdraft payed in full). All we want is the default removed and we are in a position to pay the remaining balance in full, are they right to issue a default when there has never been a time when the account has not been credited for more than 1 month (as this is an overdraft and not an agreed loan that she has missed payment of). Sorry if this is information overload, so many questions so little time. Any thought/advice appreciated. Rich