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HSBC Default Notice - HELP!

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Hi there,


I was wondering if you could help me. HSBC issued me with a default back in 2005. I only noticed this a couple of years back when I got hold of my credit reports.


I've read quite a few posts from people who have had problems with HSBC, but I am really confused as what to do next...


I have fought and fought with them to remove the default as I never received the obligatory letter stating that they were issuing me one. I tried to get a copy of it through the CCA line, but they came back saying they didn't have to provide the information under this...


Feeling rather frustrated, I then sent them a SARN - and I got the information today. Which was a scary amount of paper work!




This is what they said:


In response to your recent request I enclose personal information that is held about you.


Please refer to the attached documents for further guidance.


With reference to the point in your letter regarding default notices, please note that a defaul notice was issued to you prior to the account being written off to debt collection on 7th October 2005. Default notices are produced by our computer system and we do not retain copies of them. We are not legally obliged to retain a copy of the Default Notice and are only required to retain a record of it on our files. It is a legal presumption that a letter properly addressed to the last known address on file is received in due course and this will apply to your Default Notice.


etc etc.



Please tell me your thoughts on this, as I cannot believe that that could be true. I mean, how can they enforce something they have no realy proof of doing??





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You would like to think they have to keep evidence wouldnt you, but they will only remove if challanged in court and if the judge agrees to the removal :-(


If this was for a current account with overdraft and they stated they need send nothing in reply to a s78 request then they are lying and there is a thread on this site, something along the lines of "Are overdrafts covered by the CCA"


If this was a credit card then they DO have to supply a CCA unless it was applied for prior to 1980(i think)


Having said all this, you do realise the default will disappear off of your credit file October 2011 dont you?



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Thanks for your reply,


One thing I noticed this afternoon is that the not only have they not provided the default notice in the SARN, there is also no entry on their summary of correspondance which would suggest they sent one. The summary for the month before reads:


5th Sept 2005 - demand made


3rd Oct 2005 - account at write off stage


4th Oct - no satisfactory reponse to demand, refer to debt recovery


7th Oct - details of account closure


Should there at least have been a entry which states that a default notice was issued?


Also.. and I may be clutching at straws here.. Oringally the account was £682 overdrawn, but with a £50 agreed overdraft, which was on the statement at the start of September. The default was issued for £682, but is this correct or should it just have been for the £632?


Thanks again!:)

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Hi manillaspark ,welcome to the forum :)


I'm kind of playing devil's advocate here , but is it possible that the 'demand made' entry on the 5th Sept.was their techno-speak for the Default Notice being sent ?


Also ,I suppose technically , they closed the account with a balance of £682 , so that is the amount they report for the default ...


Trying to get a Default removed is difficult at the best of times ,manillaspark, even when it's fresh, IMHO it would probably take you until it expires naturally to get it wiped anyway .... and that's assuming you could prove they were wrong in the first place .........


Sorry I can't be more encouraging , but as you say it's a few years ago now ,, and as the Shadow says , it'll be removed next year anyway....


But by all means come back and ask if you need more info ..... :D

Nemo me impune lacessit



Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.



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