My mum v HSBC

[johnnymitch]

Hi shield -

It's a bit difficult to get a default removed - it would mean HSBC admitting they were in the wrong ..... which, by the tone of their letter, they're trying desperately to avoid

 

However, it has been done and there is a link here which might help you :

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal-5.html?highlight=removing+default

 

pete(castlebest) is pretty good at advising on defaults I think - he may have some advice for you later .......

 

Best of Luck

[car2403]

It depends whether you want to let sleeping dogs lie - if you push the default removal issues, it's likely to need to go to Court, at cost, and you may lose. if you're happy enough with having the debt written down and learning from this experience never to fall in to the same trap again, you may just want to stop now.

 

Default removals are possible - I should know - (see my threads "car2403 v ..." for more) but it's a long, rocky road, without a definate outcome.

[Castlebest]

I agree with car totally, if you are really out for blood and bugger the consequences then you may be up for a default removal but its not easy to get the bank to admit they were wrong because effectively you have to prove they were either willfully abusing their position or they are incompetent

 

pete

Edited November 30, 2008 by Castlebest

[johnnymitch]

There you go shield - great advice from car & pete -

 

Personally , I don't think you can get a better perspective than that ....but the ball must be in your court now......

[The GodMother]

Im not saying your wrong but have you looked at this thread removal of defaults

 

might come in handy

[car2403]

Im not saying your wrong but have you looked at this thread removal of defaults

 

might come in handy

 

Not sure how this applies, exactly, as that is challenging the CRA not the creditor? Have I missed something? (Possible! )

[The GodMother]

no your not missing anything, unless i have, but you have a way of removing it from your File.

 

If you look and the ICO info it gives the company 28 days to confirm or have the info removed. I thought it would bea good idea to post it but i may have been wrong.

[shieldblaster]

Hi all

 

Apologies for the delay in replying but I have been laid up with the flu

 

Good advice from all concerned as usual. I know it's difficult to get defaults removed but that's not to say they can't as has already been said. To be honest I never expected them to write it off so miracles do happen it would seem.

 

I might be seen as pushing it here but to me personally the excuse that it's a 'commercial decision' is a load of cr*p imo and the reality is that they don't have a regulated agreement.

 

I'm not thinking as far as courts just yet..that's not to say I won't be..first I'm gonna keep batting the ball back by using their inhouse complaints procedure as they have suggested and quite simply see what happens. If I have to involve the FOS as well but that's later on down the line.

 

This is the reply I have come up with. Comments/Obs always welcome

 

HSBC Finance Limited

Customer Relations Team

P.O. Box 3607

Birmingham

B1 2XJ

 

29 November 2008

 

 

Dear Sir/Madam

 

Following a letter received from your in-house collectors, Metropolitan Services Ltd, I have been referred back to yourselves as, despite the lack of conformance with regards to my consumer credit agreement request under s. 78 of the Consumer Credit Act 1974 and the fact that the debt has now been written off, there still seems to be some reluctance to remove the unlawful default notice placed on my mother’s credit file, and I have been advised to use your internal complaints procedure as advertised on your own website.

 

I have been informed that the reason for the debt being written off was a ‘commercial decision’, implying that it had nothing to do with the fact that you or your in-house people failed to conform to my CCA request.

 

That being the case can I therefore assume that a valid credit agreement does exist, and the reason you have failed to provide me with a copy of it is only known to your good selves?

 

If that isn’t the case then may I respectfully suggest that you are acting outside of the law. The ability to place a default against someone’s name is only allowed where a regulated agreement exists under the CCA 1974 under the following conditions as stated within the Act under s.87:

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "

default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement:

 

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

 

Therefore it is perfectly clear that the default clause can ONLY be used if a regulated agreement exists and if it did not you had no right to serve a default notice in the first place.

 

If the case is that you do have in your possession a regulated agreement between yourselves and my mother would you please be good enough to conform to my original request and provide me with a true copy of it or, failing that, remove the unlawful default record placed against my mother’s name.

 

If you fail to abide by my requests I can assure you that I intend to pursue this complaint to it’s fullest extent and, If I have to, I will be involving the Financial Ombudsman and the courts if required.

 

 

Yours sincerely

[Castlebest]

Hiya Shield I knew you would be up for it thats looks good to me lets see what they have to say .

 

pete

[johnnymitch]

Hi shield,

 

I agree with pete on this....... that's a good letter - their answer should be interesting ..........

[shieldblaster]

Thanks fellas I shall now send it of to them and see what they have to say.

[upto the eyeballs]

subbing for ref, having fun myself with HSBC

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/176523-upto-eyeballs-hsbc-no.html

[johnnymitch]

Thanks fellas I shall now send it of to them and see what they have to say.

 

 

Happy new year Shield ..........

 

Any developments on your case ?