Insisting on default notice removal

[debora_helena]

Hello everyone!

 

In short: 5 years ago HSBC entered a default notice against me for a loan payment that could have been paid in full from the illegal charges that they had already taken from my account.

 

I have written to HSBC with the standard letter in the library, demanding the charges back and the default notice removing.

 

They responded with the standard half the money letter, ignoring the default notice issue.

 

I sent the standard LBA letter, they responded with a larger offer, but still ignoring the default notice issue.

 

The deadline is now up.

 

I want to take the next step, but basically I'm scared, befuddled, and I just can't find anything in this maze of information.

 

Questions:

1. Do I need to respond to their latest offer, or can I just start filing the claim? or both?

 

2. If I want a default notice removed, can challenge HSBC to do this through the money claim website?

 

3. Any suggestions on the additional wording to include a request for removal of the default notice?

 

Many thanks for any suggestions. If these questions have already been answered, please feel free to call me a dunce, but also point out to where, because I haven’t been able to find them.

[maverik1979]

1. yes you do need to reply, to show that you have made every effort to settle out of court, reply saying that you accept this offer as an initial payment only , and that you will be sticking to your original timetable to recover the remainder

 

2/3. try reading this thread

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html?highlight=default+removal

[jonni2bad]

Hi and welcome to the forums.

 

These circumstances are somewhat different to the norm - we would normally be looking at default removal on the account that charges were imposed and, under those circumstances, the removal issue should be quite straight forward.

 

Here we have a knock on effect of charges and the case becomes more complicated. It is not, I believe, beyong the realms of imagination to link the two, but you will appreciate the fact it's not me you need to convince, it will eventually be a court.

 

I don't believe we have had this specific issue before - but that shouldn't stop you if you really are determined to get this removed.

 

What were the level of charges imposed on your account BEFORE the default notice was issued on the loan, and what amount were you defaulted for?

 

Finally....

....yes you do need to reply.....

I would say that you have given ample time to resolve the issues, namely two periods each of 14 days, which is the amount of time a court would consider reasonable. The fact that they did not offer the full amount is reason to proceed.

 

Only if you had been in the middle of actions would I advise a response.

[debora_helena]

Thanks for your help guys. I managed to get the money back, but still struggling with getting the default notice removed.

[jonni2bad]

Don't give up! What's happened since?