Castlebest's default removal *WON*

[Castlebest]

I've not been posting the events leading up to the removal of my default because I was embarrassed by the standard of letter and argument I received back from HSBC. I normally publish it here and make fun of them but honestly I now just feel sorry for them because the people who work for them are stupid.

This included at one point a request for me to supply them with copies of my credit report to prove they had made an entry against my current account with a stayed claim against it... to my mind this is a bit like your doctor asking you what he prescribed last time.. don't they keep records?

 

Anyway I now have this...

 

Dear Mr Castlebest

 

Thank you for your letter concerning your request for the removal of all default entries made against you.

 

I note your comments that you feel we are in breach of the Banking Code in relation to the passing of data to credit reference agencies. I can assure you that HSBC takes is responsibilities under the Banking Code extremely seriously and having contacted our legal department regarding this matter. I can confirm that there has been no breach in relation to paragraph 13.6 and all defaults were justified at the time of application.

 

However, having reviewed the documentation you have provided I can confirm that our Debt Recovery department have agreed on this occasion to remove the defaults made against you in relation to the above account. Pleas allow 30 days for this removal to show on any credit reference agency reports.

 

I can also confirm that all collection proceedings in relation to your outstanding debt with the bank have been placed on hold pending the outcome of the legal proceedings with the Office of Fair Trading (OFT).

 

I hope I have been able to provide you with a satisfactory response with regard to this matter.

 

Yours sincerely

 

Its a typical HSBC "we are right, However" letter but it does the job , my thoughts about getting defaults removed;

• If your penalty charge claim has been stayed and you have a default against you for your redundant account, removal is annoying but quite easy to do. HSBC just played dumb with me (played?) they even made me send copies of my credit file to prove they had defaulted me. yes they are that dumb.
  
• the credit reference agencies arn't interested, I wrote to Experian, Equifax and Call Credit. Experian were the only CRA to respond at all and all they did was put a marker on my file that said I disputed the default... And I would have missed that if they hadn't written to me and told me so I was looking for it...
  

Good luck to everyone trying to get rid of defaults

 

pete

[Hopeful1]

Hi Pete

 

Well done with this. I think it's extremely noble of you to save HSBCs blushes like that. What a gent

 

I had my credit file earlier in the year and have just been perusing through it. I thought my first attack would be Abbey or Barclays. Until i realised Littlewoods and Legal () Direct Services have defaulted me for the same account that has no agreement.

 

This will be my 1st stab at default removal so wish me luck

[Mr lex]

Well done Pete,

 

Nice one mate, have a won badge and some moss

 

Lex

[maroondevo52]

Superb result, Pete

[Castlebest]

I've been asked to post a little more detail of what I said to HSBC so here's the first letter I sent

 

Service Quality Team

PO Box 205

Leeds

LS11 1BJ

 

Dear Sirs

 

Account Number xxxxxxxxxxx

County Court Claim Number - xxxxxxxxxx

Date Issued: xx/xx/xx

 

 

Notice that you have reported data about me which is inaccurate and in dispute.

 

It has come to my attention that, on the xx/xx/xx you reported my above noted current account to be in default to the credit reference agencies despite you and your legal representatives being fully aware that this account has been in dispute since my letter of the (date of your preliminary letter) and has been the subject of my county court claim against you since the (date your county court was deemed served) which was stayed at your legal representatives request on (date of your stay) pending the outcome of the test case.

 

You have proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of your contractual obligations and in breach of the Information Commissioner's own guidance.

 

If you wish to resolve this matter once and for all I suggest you instruct your legal representatives to request the stay that has been applied to my claim due to the high court test case be lifted and we proceed to a court hearing.

 

Your present actions are underhand and dishonest and I believe you are manipulating the situation and abusing of the court process to delay the inevitable refund of the unlawful charges you have been deducting from my account.

 

I am giving you the opportunity to remove this false information from my credit file. Please confirm to me in writing within the next 14 days that you have removed your defamatory comments you have made with a full apology and your proposals for compensation for this act of gross incompetence.

 

If you do not confirm that you have corrected your error within the next 14 days I will have no alternative but to issue a complaint to the Information Commissioner’s office that you are reporting inaccurate data about me.

 

In addition I confirm the negative entries on my credit file are damaging to me, the Data Protection Act allows me to seek compensation from both you and the data reference agencies that are recording your erroneous reports through the County Courts. If you do not remove the negative reports you have made and the data reference agencies continue to report this false information I will have no hesitation in issuing further county court proceedings against you.

 

 

 

Yours faithfully

 

Castlebest

[Mr lex]

Absolutely brilliant Pete

 

And their reply was ???

 

One letter, stolen and filed away. I suspect, after this, it will take a while to clean your Castle.

 

Lex

[Mr lex]

I put this on most 'new' Bankcharge threads I come across, I think given Pete's result there is no harm posting it here :-

 

Remember, you need to get your claim to court.

 

When you start to send off your letters, they will probably try to tell you you can't claim because the case's are 'stayed' It is important that you ignore this and carry on, only the courts can put a 'stay' on your claim.

 

Although the banks have a ongoing test case with OFT there are a number of reasons why you should start to claim at court now.

 

Any older charges (coming up to 6 years) could be lost if you wait for the OFT case to end. Start your claim now and those charges are protected.

 

(you are supposed to be protected by the 'wavier', we now know you are not)

 

When the stays are finally lifted, you will be one of the first in the queue to get paid.

 

Once the courts are involved, you get the 8% interest.

 

While the banks are protected by the stays, we the consumer, have no such protection and charges continue to mount up.

 

For some people this may mean going into default. If it is clear that the default was made in respect of charges and that it was lodged after a charges claim was begun then these users have a really excellent chance of having it removed.

 

Hope this helps

 

Lex

[freakyleaky]

Excellent Pete.

 

You're getting good at this.

[HSBCrusher]

great stuff

[InformedSearcher]

Great advice here Pete! A gold star for you to say the least.

Michael