Default notice - HSBC - advice needed for newbie?!

[cheshiremouse]

Hi all,

 

Firstly, hope I'm posting this in the right area - apologies if not.

 

Have just had a scan of all the posts and got some great info but would love it if someone could consolidate it all for me in lay mans terms:)!!

 

A potted history of my situation: Student bank account opened with HSBC in Sept 1997. They gave me an overdraft of £1250 which towards the end of my three years at Uni I had pretty much used all of it.

 

I called when I started working to see how best to pay it off/avoid charges and they said that as long as I kept making credits then there would be no problem's and I kind of forgot all about it.

 

So stupidly since then I have been paying £5 a month by DD (my current account is with someone else.) I know....I know.....utterly pathetic bury my head in the sand tactics. Anyhow during this time HSBC put me onto a standard current account with them and all correspondence has been sent to my parents address (and subsequently unopened by me).

 

The upshot is I have been issued a default for £2097 and my debt is now with Metropolitan and I am paying £20 a month (currrently on maternity leave + SMP so will be able to up this when back in work). I'm only over my £1250 overdraft purely because of charges (i.e I have never spent anything over the £1250 myself) = £847 worth of charges.

 

Is there anything I can do - what would be the first steps?

 

Thanks for reading if you got this far!

Edited March 9, 2009 by cheshiremouse

[cheshiremouse]

Ok, still trying to get my head round it all. Can someone clarify if this is what I need to do:

 

1) Request my SAR

2) Start my claim

3) Issue an S.10 in an attempt to get the default removed?

 

Just to reiterate I am only in default because of bank charges added.

 

Thank is advance

[johnnymitch]

Hi Cheshiremouse , welcome to the forum

 

First of all you need to set the ball rolling to reclaim your charges - that will put your account 'In Dispute' , so that they can't take action to claw back money which you do not owe them .

 

Incidentally , MCS are not a real Debt Collection Agency - they only work for HSBC , using their premises and database , so I wouldn't get too worried about them .

 

It's not going to be a quick process , getting your money back ,then trying to get your default quashed on the grounds that you weren't in default in the first place .... but we'll take it a step at a time.

 

First, you need to read up on the timetable and procedure to get your claim rolling , so here goes :

 

Links for new starters

http://www.consumerwiki.co.uk/index.php/Step_By_Step_Guide

 

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

 

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

 

Templates library

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/

 

It's important to get your Subject Access Request off to them , I'm told you can get a form in the local branches now, so they have 40 days from the time they receive it to deliver all your accounts deails, statements , agreements ANYTHING with your name on it , for the £10 .......

 

Then while you're waiting for them to produce , read up on the rest - your aim is to get your claim to the Small Claims Court as soon as possible , ignoring any attempts by the bank to divert you... they will tell you they can't deal with it because of the court case pending .... rubbish - just carry on with the timetable.

 

Once you get your Subject Access Request documents work out how much they owe you -

1 . send a Prelim letter asking for it back - give them 14 days from receipt , then

2. send Letter Before Action giving them another 14 days to cough up - then

3. start court action

 

Come back at any time and ask cheshiremouse, someone will answer and we're user-friendly on here ........ :grin:

[cheshiremouse]

Perfect - straight onto it.

 

Appreciate the response and will keep you posted!

[johnnymitch]

Once this ball is well and truly rolling , cheshiremouse, you could try for the default to be removed , on the grounds that it is caused completely by Bank Charges......... there is a link here which might help with that :

[

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( that's maybe not quite right for you , but read on anyway .) then these users have a really excellent chance of having it removed

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1772646

[cheshiremouse]

Just a quickie update + question:

 

SAR sent + cheque.

 

However I've started to go through the (few) statements I've got and it looks like what I've been charged is "Debit Interest" at about £30 a month for the past three years, nothing is listed as charges, but this may be different when I get all the info back.

 

Am I right in presuming that if it is the "Debit Interest" has taken me over my overdraft of £1250 to take me to £2079 overdrawn (that's then definitive figure I also found out today) - then I haven't got a leg to stand on?:?

Thanks - Cheshiremouse (Squeek)

[johnnymitch]

Have a look at this cheshiremouse , it tells you what you can and cannot claim for ......

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html#post119205

 

On the face of it , if you're referring to these charges which are notified by the bank on the sheet which comes with your monthly statements (which hardly anyone looks at ! ) then I think you may not have a leg to stand on , as you so graphically put it ! :-| It sounds like these are Interest charges for having an overdraft , which are perfectly legal I'm afraid.......

 

But wait till you get your SAR stuff and see what descriptions are on there, there may be some 'rogue charges ' (see the link above for descriptions) that you can claim for .