Help Needed with Default from HSBC

[Missy86]

Hi all!!!..

 

I hope your all well, im new to the forum, and need some help!, My husband had an credit card with HSBC in 2005. The account was passed to Metropolitan Collection services, and he set up a payment plan to clear the card and close the account- and was settled in 2006. My husbands not checked his credit report in the last few years, and ran it off a month ago to find - HSBC had placed a default on his account. This was a little alarming as we never recieved a notification of default or any correspondance to say a default was being place.

For the last few weeks, i have been trying to contact HSBC to get this taken off or at least looked at with no luck, the branch were unable to help as it was an old account and we were forwarded to the credit card team, they were unable to help so we were given a address and told to right to HSBC plc- chartwell house.

 

I used a template letter off this website, and sent a postal order of £1 to request i be sent the original copy of the default notice, if not could they please remove it.

 

But they responded, saying they are not legally obliged to keep copies of default notices, however it was issued in 2006. They can however send a letter to the last known address of the card holder as proof of default?.

I rang them up again to complain and say i need the original copy and they are stating they cannot supply it or remove the default!.

 

Any reply would be appreciated!

 

Thank you everyone

 

[johnnymitch]

Hi Missy86 , welcome to the forum

 

It is devilishly difficult to get a default removed ....but it has been done ... apparently they are right in saying that they are not required to hold copies of the DNs, but if you took them to court they'd have to find one , or explain why they defaulted you ......

 

The other bugbear is that the CRA's just blindly take the banks word for it and default you willy-nilly ....

 

There are a couple of links here which may help ..... Pipsters is a bit long , but I think the first couple of pages may help you ........

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/204565-pipster-hsbc.html

 

and Pete (Castlebest)'s thread might give you a lead as well.....

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/164871-castlebests-default-removal.html#post1946244

 

you may be able to adapt his letter to suit your circumstances ....

 

However ,as I said it's not easy , unless you're prepared to take them all the way ........ as pete said in another thread:

 

if you are really out for blood and bugger the consequences then you may be up for a default removal but its not easy to get the bank to admit they were wrong because effectively you have to prove they were either wilfully abusing their position or they are incompetent

pete

Hope this lot helps you though ....... if you need any more assistance just come back and ask , someone will answer .. and we're user -friendly on here ..

[Missy86]

 

Hi Johnnymitch,

 

Thank you for your swift reply, i rang the number listed on the original letter from Helen Packard (Collections manager), which is a unhelpful generic template, and had a very bad experiance from a member of their call centre . Explained the situation and they were very rude, and unhelpful, so have taken the matter further to thier service quality team. I am now waiting for a response from them, in order to take the relevent steps to hopefully getting the default removed.

 

Thank you for your help.

 

x

[johnnymitch]

You're welcome missy 86

 

It's a pity you had to find out about MS Packard and her obnoxius crew the hard way .... if they contact you again on the phone tell them you will only deal with them in writing .... and if you refuse to answer their security questions they can't talk to you anyway

 

It's a game to them missy .... so don't let them phase you .... they love it when people get flustered .... because that's when they make decisions they wouldn't otherwise have considered ......

 

Keep in touch. let us know how you got on with their Service Quality Team if you would .... it'll help others in the same position.... and of course if you need any more help yourself ..... just ask !

[Missy86]

I finally got a reply back from service quality- so much for quality of service- i got the typical letter, saying they by law do not have to supply me with a copy of the original default notice, and cannot do so. However they did sent me (quiet comical really) a template of what a default notice looks like, and a credit agreement that was filled in by the Service quality person, the day the sent the documentation out to me, im so annoyed what cowboys. Surely this cannot be viable!!, they also sent me screen shots of my husbands credit card statements from 2006. My husband has assured me that he never received the said default notice, and now im stuck as to what to write back!!!! How can they send me a current template of what a default looks like as proof of originally sending me one!!!!

 

Please help!!!!

 

Missy.

 

x:confused:

[johnnymitch]

They're just playing silly beggars Missy, they know they don't have to produce a copy of your Default Notice ... .

 

As it's so far back it's going to be awful difficult to prove you didn't receive it ...... the only outside chance would be to send a SAR asking for everything they've got on you ...... that way there should at least be notes on your file that a DN was sent ....... even if there's not a copy available ..... but as I say it's an outside chance and you' d probably have to go to court to take it all the way.....

 

This has to be you and your Husband's decision, but given the amount of time that has passed , your Credit Rating should be re-instated in 2012, which is not that far away now.....

 

However , if you decide to pursue it come back and we can try to find someone to help you with the journey ......... some have done it ... but not many .....

 

Thanks for letting us know what their reply was ,, it's not surprising .....but I don't know how they get away with being able to destroy someone's credit rating for 6 years without having to produce documentation to prove it to the Debtor ......... law needs changing IMHO....

[Missy86]

Hi Johnny,

 

Thank you for your reply once again, i would like to pursue this further as the default is having a damaging effect on my husbands credit rating. I was originally told that if they could not supply a copy of the original default notice, then by law they had to take it off the credit report?, was i misinformed?.

[johnnymitch]

Hi Missy,

In a way you were misinformed ... in that the banks apparently are not required to keep copies of Default Notices or supply you with them .They probably have them but you'd possibly have to take them to court to get them to produce....or confirm they didn't send you a DN .

You see missy , the dice are a bit loaded , the banks just tell the CRAs that you have defaulted , the CRAs , who basically work hand in hand with the banks , bang it on your Credit Rating .... and it's a helluva job to get it removed , because the banks are basically not required to prove anything .... an incredible situation in this day and age , but sadly all too true ......

It's a situation loaded heavily against you , but it has been done and I think pete castlebest (of this site ) was one who managed it .

These template letters on the link below may help too .....

 

The Consumer Forums - Challenge a default on a disputed account

[Missy86]

Does it matter if it was a credit card that was defaulted?

 

Thanks again.

[johnnymitch]

I wouldn't think it matters Missy , a Default is an alleged unpaid debt on any account ........I know those template letters are mainly for Bank Charges , but can be adapted to suit ......