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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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'Arrangement To Pay' on File but Charges Case Won


LukaP
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I have put some more information in post #7 as my issue was quite brief.

 

Hi Everyone,

 

I have some issues with my Credit Report. I have checked it on both Experian and Equifax. Two years ago I went behind with 5 payments on my HSBC Credit Card. I then entered into an 'Arrangement to Pay' which was done over 5 months and the debt was totally cleared.

 

Now, earlier this year I disputed my charged with HSBC CC Services and won. My question is; will this help me in removing the AtP from my credit report? HSBC compensated me on the charges and I still have all the old documentation.

 

This is the only thing affecting my credit score and I'm hoping something can be done.

 

Many Thanks,

Luke.

Edited by LukaP
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Shame. If you could have argued that the whole 'debt' was covered by the charges it might have made the job easier.

 

Getting any information removed from your credit file is difficult. Information that is technically accurate is going to be almost impossible to change. I can't remember off hand how long payment information stays on your account. If it's not going to be there much longer, it's probably not worth the effort of trying to get it removed. Do the entries now show that the account is settled in full?

 

If you really want to have a go at this, have a read of some of the 'default removal' threads which should give you an idea of what you might be up against.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes, then entries show the account has been settled in full. It had 'Arrangements' updated on the entry in May 2008, then the payments were all on time from there.

 

I'll try and find out how long the information stays on there.

 

Many thanks, any other help/advice anyone?

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Case Update:

 

I thought I'd just put in a little more info here as my main post is not the best. When I went into this Arrangement to Pay I was not aware of the affect it would have on my credit file. I was called by someone from CapQuest from their mobile requesting payment for the debt. They said I could either pay it in one go or set up payments over a few months, as any normal person would, I opted for the payments. I was not told in any way, either by letter or over the phone, that it would have and adverse impact on my credit file. This is what I'm disputing, they did not inform me adequately and now I'm paying the price. I didn't formally accept the arrangement to pay, the payment ammounts were not reduced, the full debt was paid off, the interest was not frozen.

 

So do I have a case?

 

 

Update:

 

Sent a letter to HSBC last week asking them politely to remove the ATP from my credit file. Got a reply this morning saying they would not be able to do that as it accurately reflects the way the account was handled.

 

I'm unsure where to go from here, but I'm thinking of sending a S.A.R. to HSBC for the CC account. The debt was sold to CapQuest. I'd like to get some info from CapQuest to prove they did not inform me properly. I just want to show they conned me into repaying the debt without telling me about the affect on my credit file. I'd have paid the debt off in one go if I knew it would cause this much trouble!

 

Any help would be appreciated, either on where to go from here or what further action to take.

 

Kind Regards,

Luke.

Edited by LukaP
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When I checked my credit file the other day it only showed the payment history for the last thirty six months - three years.

 

However if you really want this to be removed, write back to HSBC setting out what you said about capquest. Mark the letter 'complaint'. In the meantime, you could send a SAR to HSBC but it wouldn't get you any info about what CapQuest did or didn't tell you. If the debt was sold to Capquest, why are HSBC still recording info on your credit file?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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That's what I can't understand. My debt was sold so what are HSBC doing still recording the payment history?

 

I'm really keen on getting this removed as it won't be gone until Nov 2014! Who do I need to attack then, HSBC or CapQuest? And the even bigger question, how?

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