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sophieq

Default Notice on HSBC Overdraft

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Hi all,

 

Long story short - I had an Overdraft with HSBC, moved house and completely forgot about the account. On doing a credit check on myself last week I found that there's a Default Notice against me from Aktiv Kapital, who must have bought the debt from HSBC.

 

My questions are -

  • Does HSBC have anything to do with this any more?
  • Is there anything I can do to get Aktiv Kapital to remove the default, e.g. offer to pay in full in return for it's removal, or;
  • Are there legal avenues I can pursue? I've been told elsewhere on the forums that a CCA won't apply here as it's an overdraft, but is there anything else I could try?

My worry is that by contacting Aktiv Kapital and offering a settlement that I'll be acknowleging that I'm completely in the wrong and prevent myself from using other means to remove the default.

 

Many thanks for your help,

 

Sophie.

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PS. Sorry if you've read this in another form elsewhere, I thought I'd start a new thread with a better title to make it easier for other people in the same boat to find this.

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Hi, just bumping this as I'm really stuck.

 

Basically all I want to know is; is it worth getting in touch with Aktiv Kapital and asking if they'll remove my default in return for repayment?

 

Or by doing so have I 'acknowledged' the debt and made it difficult to take any further action if they refuse?

 

Many thanks for your help,

 

Sophie.

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Hi Sophie

 

Sorry can't help you on this, I'm a newbie. However thought I'd reply as I am in a very similar situation with my overdraft. Have offered f&f to Cabot but if they refuse don't know what to do to get them to remove the default either. Hope someone comes along soon to answer your query. Good luck.

 

S

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Does HSBC have anything to do with this any more?

It depends, if they've sold the debt no but AK may just be acting on their behalf.

Is there anything I can do to get Aktiv Kapital to remove the default, e.g. offer to pay in full in return for it's removal, or;

You can try to negotiate starting at a lower amount, but everything must be in writing including their agreement to remove all adverse information from your credit file.

Are there legal avenues I can pursue? I've been told elsewhere on the forums that a CCA won't apply here as it's an overdraft, but is there anything else I could try?

If the money is owed you could try to reduce it if there are any unfair charges which have been added. To do this you would need to send a SAR to HSBC; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca


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@stereophonicsfan - sorry to hear you're in the same boat too. We should keep each other up to date on what happens on here to see if we can help each other

 

@cerberusalert - many thanks for the advice, much appreciated.

 

My main concern at the moment is this; if I write to Aktiv offering to pay up for removal of the default, have I shot myself in the foot over taking further action later. i.e. by admitting the debt will I have cut off other avenues later?

 

Has anyone else managed to get a default removed in thses circumstances, or come across another forum discussion about it?

 

Many thanks,

 

Sophie.

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AK and their pet TC are under sanctions from the OFT at the moment so you may get lucky with AK and get this sorted relatively simply. When I say simply I mean better than the usual dragged out letter ping pong...

 

Keep everything in writing as Cerb says and make sure you drive a hard bargain, don't let them get off too lightly :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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@babybear39 - hi and thanks for the advice. What would you say I should write to them in the first instance? Should I

 

a) write a simple letter saying I'd be willing to settle the amount in return for the removal of the Default?

 

b) go in hard and offer a small amount without mentioning the default, and then, when they try and negotiate, say that I'll up my offer in return for the removal of the Defaut

 

c) something else completely!

 

Many thanks for the help guys, it's great to get some support over this

 

Sophie

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I'd go for option B.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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