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stroke a badger

HSBC account default removal advise - Please!

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My battle with HSBC continues!

I have a stayed claim for bank charges which relates to a bank account I held with HSBC. Since this was my second claim against HSBC and as I had opened another account elsewhere my account was closed and a default was applied to my credit record. I don't remember receiving a Default Notice and I certainly don't have one in my file. The account was passed along the desk to DG Solicitors, then to Metropolitan for collection who were told to behugger off as the claim had been stayed. After much toys being ejected from prams they gave up in early 2008 and I have not been contacted since.

This is my post from August 2007. - http://www.consumeractiongroup.co.uk/forum/hsbc-bank/109645-2nd-claim-overdraft-wedding.html

Since the default was lodged I have been trying to get it removed and with out much success as HSBC are saying that I need to approach DG Solicitors, and DG are saying I should contact HSBC. The default was registered by HSBC. Confused, I am!

What should I do here as neither party wants to take ownership of my complaint.

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Stroke a Badger, I think there are template letters in the Bank Charges forum that you can use if the bank has defaulted you whilst your case is stayed. Have a look under the HSBC threads in Bank Charges forum.


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Hi DJ,

 

Thanks anyway but I think it's the same as the letter sent to HSBC and DG.

 

HSBC Bank Plc

8 Canada square

London

E14 5HQ

Account Number

County Court Claim Number -

Date Issued:

 

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/XXXX 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 26/04/07 and has been the subject of my county court claim against you since the 04/06/07 which was stayed at your legal representatives request on 10/09/07 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

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In that case, report it to the ICO as you stated you will do in your letter. You may also want to report it to the FSA.


Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Writing to the bank may prove fruitless, there are 2 other things you can do, the 1st is go to any court and get a form called "Judgement Set Aside", it will cost you £60 and you will get a court hearing, attend court and argue your case, if you are right in what you say the court will "set aside" the default or judgement, thats the way to FORCE them to have it removed, the 2nd way is to write to experian and ask them to put a note on your record, this means when anyone searches your credit file and sees the default your note will also be seen, if you do the 2nd route, your default will remain there for 6 years.

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This Worked For me ! I told them i was applying Consumer credit license to allow me to trade and that the only default on my file was put on by them and if it wasn't removed with 7 days I would be suing for loss of earnings as it would be likeky that my license would be refused because of their default . The Default was removed within 24 hrs (without admission of liabilty of course ).Still fighting them for the fact that I have had to to pay higher interest on existing line of credit ,and the fact that they claim that they share the same systems as HSBC so either they are misselling (they dont share the same information) they or they send out malicious communications (they do share the same information but are happy to continue threatening you depite them knowing the claim is in dispute. The compliance manager at D&G and metropolitan is Sat Singh his email address strangely enough is satsingh@hsbc.com - Good Luck

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Who do I raise the complaint against, HSBC as they applied the Default or DG Solicitors/Metropolitan as they are collecting the debt.

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Who do I raise the complaint against, HSBC as they applied the Default or DG Solicitors/Metropolitan as they are collecting the debt.

 

I would say whoever the default is registered to... also be aware that DG solicitors and Metropolitan are HSBC in house solicitors/dca. So in affect its all the same people, just different desks

 

S.


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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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Cheers Shadow.

 

I've had a couple of dealings with the HSBC clan so am familiar with the way they work, thanks anyway.

 

The reason why I ask is because I have asked HSBC to remove the default but they have said that as Metropolitan are collecting the account all correspondence should be sent to them instead. When I contacted Metropolitan they said I should contact HSBC as they applied the default

Edited by stroke a badger

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Cheers Shadow.

 

I've had a couple of dealings with the HSBC clan so am familiar with the way they work, thanks anyway.

 

The reason why I ask is because I have asked HSBC to remove the default but they have said that all correspondence should be sent to Metropolitan as they are collecting the account. When I contacted Metropolitan they aid I should contact HSBC.

 

Hmm might be worth threatening them with the FOS, slow but they do charge HSBC for investigating or as its about the default the ICO.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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