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not-impressed

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  1. I believe the following details in the Final Demand are incorrect The Default Notice referred to was never sent (It has never been provided in any SAR response) - This was deeply confusing. I understand that a Notice served under Sections 76(1) and 98(1) of the CCA1974 must be issued, but is this one? Other examples I've seen clearly state what they are and include reference to Sections 76(1) and 98(1) of the CCA1974 in the header. The Final Demand letter provided 18 days of notice for full repayment or an arrangement. The 'Principles for the Reporting of Arrears, Arrangements a
  2. I'm exploring other avenues to resolve this now including BCOBS for which there seems to be very little guidance available. Is this an effective route? I'm also aware of the following but not sure how they all fit together in the context of my situation. The guidelines on filing defaults ("Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies"). Do both apply in the case of registering a default against overdraft arrears? Should this situation also be covered by the FCAs consumer credit Sourcebook which includes the following in CON
  3. Many thanks for your response. Really helpful. I'm not clear on the relationship between the CCA and the guidelines on filing defaults ("Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies"). Do both apply in the case of registering a default against overdraft arrears? Should this situation also be covered by the FCAs Consumer Credit Sourcebook which includes the following in CONC 7 : Arrears, default and recovery(including repossessions) Section 7.3 : Treatment of customers in default or arrears (including repossessions): lenders, own
  4. Thank you. So they were not at all accurate in stating they'd fulfilled their obligations under the CCA 1974? They should have sent notices under Sections 76 (1) and 98 (1) and given me more of an opportunity to come to an agreement with them? I'm aware the "Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies", states that "The lender must have notified you of their intention to register a default against you at least 28 days before doing so, in order to give you time to make an acceptable payment or reach an agreement with them on an
  5. Thank you. So the bank simply made a mistake in referring to issuing a Default Notice. They weren't actually required to issue one, just a final demand?
  6. A little more detail on this is that a bank issued a Final Demand for repayment of an overdraft balance referring to a default notice they had never sent. They have subsequently stated that as they'd issued other warnings (in other letters) that they might register a default with the CRAs, they'd fulfilled their obligations under the Consumer Credit Act, despite stating in writing they'd sent a default notice which they had not sent. The Final Demand letter provided 18 days of notice for full repayment or an arrangement. The guidelines which I believe apply and they are obliged to follow
  7. Is the issuing of default notices on current account overdrafts (that were authorised but have become 'unauthorised') covered by the Consumer Credit Act 1974 (or if this has been updated, by a more recent version) or something else? If something else, what guidelines to the issuing of default notices and subsequently defaults on overdrafts apply? Thanks in advance
  8. An update since August. I'm seeking advice on what to do next. Approach the FCA? Legal action via BCOBS? My objective remains the same; the removal of the default notice applied by HSBC after their incorrect assertion that a Default Notice had been issued and their unfair treatment in offering me a clearly empty promise of the possibility to make an arrangement to pay. In addition to this there are numerous inaccuracies in the dates associated with their issuing the default. Having requested that my complaint was referred to an ombudsman I have just
  9. They've emailed back in response to my question "I have a question on the data provided by the SAR. Can you confirm that this will provide all of the data provided by HSBC including calls and transcripts?" With this response "I can confirm that our Information Rights Officer will deal with any Subject Access Requests. As mentioned in the email below, nobody is entitled to see our full file. Also if there are any files which are commercially sensitive, these will not be sent."
  10. Thanks for all of the help so far. I requested that the FOS provide me with all information they have and they've replied to say "As per your request, I can send you the material information I used when coming to my formal view of your complaint. However, if you would like to see all of the information we have, you would have to make a Subject Access Request. More information about this is below. Please note, neither party is entitled to see a full copy of our files. We cannot always provide you with all the information you may wish to see, but you can make a subject access req
  11. Thanks for reading my post and responding.Your guidance is very much appreciated. You are correct, I'm a little late to this forum but I have now read all of the customer service guidelines (Guidance note - Dealing with Customer Service Departments) I've avoided phone contact wherever possible however and have not initiated any calls (and tried to keep any calls to me to a minimum) but will follow the advice to the letter in the future. Should I continue with the FOS? Would you advise against raising with the IC? Do dealing with either of these organisations prejudice in an
  12. Hello CitizenB Thanks for taking the time to read my post and respond. This was the first decision from the FOS made by an Adjudicator. They verbally told me during a call that I'd taken HSBC's communications 'too literally' which I was obviously stunned by. Worth mentioning this when I ask the FOS to review my complaint? I have already asked them (just now) to provide a record of everything HSBC has sent them. If this approach doesn't work I assume contacting the ICO (some of the details of the Default appear incorrect) and approaching the FCA quoting BCOB would be the nex
  13. Thank you for your advice. Unfortunately I was a little late to the subjects of SAR's. The default balance was about 75% unauthorized overdraft fees after my account was downgraded. There were also irregularities in the date of the default with one letter in September last year stating that the Default had been registered with CRA's at that point. No defaults were registered however until April 2015.
  14. Thank you. I'll do a SAR. I did state some of the BCOB to the FOS but they've not responded to those specific points. What is most frustrating about this situation is that I called in good faith to arrange a repayment to be told there was nothing I could to although the Final Demand letter I responded to stated twice that HSBC would try to help. No Default Notice was ever issued (but the Final Demand letter referred to one) but again, FoS believe this to be unimportant as pre-demand and final demand letters were provided. In addition the registered default gives an incorre
  15. Thank you for reading my post and responding. I've not requested a SAR. I understand that this may not be possible as the account has closed (it was closed in November of last year)? If that's not the case then I will do that asap.
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