HSBC: Help Desperatley Needed! *** Won ***

[Mozz1]

For us the main thing is having the account recalled and getting the DN removed. will give 'em 10 days to get this done otherwise its off to the ico.

 

The cash compensation for what they have done is the icing on the cake.

if we get it great.

 

we are willing to pursue the issue of the exempt od as far as we can without having to risk our own money suiing them

 

I'll let y'awl know what their next response is when we receive it

[Mozz1]

theres something of a consensus here aint there

i guess we are on a consumer crusade to some extent, yeah. not that bothered by the offer but more upset by what happened. figure we'll let it go then and send them their f&f

[Mozz1]

Yeah, well, we've decided to tell HSBC to stick their 300 quid and to be held accountable for their contempt for my GF, who does not agree that she should waive gher right to complaina nd challenge the validity of the od in exchange for their f&f. She will also raise the issue of the removal of ALL adverse data at the CRAs with HSBC as well since, yeagh, the bank does only promose to remove SOME of the adverse data in their letter. Because the bank claims the default notice is valid (which say it isn't) they can justify the DN.

 

So off to the FOS we go. lets hope they are not an outboard ashtray in this instance. Time will tell.

 

HSBC will also have failed to comply with the SAR 40 day limit by Friday so we'll be firing off a complaint to the ICO then as well.

[Mozz1]

Mozz1 did HSBC actually send a default notice? under s87 of the CCA? or was this just a formal demand of repayment?

 

Hi. No formal "default notice" was sent as far as she is aware, just the bank's default letter.

 

What happened was that they sent 2 excess notices and the GF replied to both of these in writing, telling them she had lost her job and would start paying into the account asap.

 

HSBC then sent the default letter.

 

HSBC then agreed a repayment plan on the 'phone, which they cancelled because they had sent a default letter. Account then disputed. They closed account and got Metro involved. No DN from Metro. Forced her to pay up the full od.

 

I thought ththey couldn't issue DN's with ods? That default letters serve the same purpose?

[Mozz1]

Just to clraify: the CRAs have a "Default" registered on the GF's credit file for this HSBC account (which the bank has subsequently re-opened following her complaint). But she only ever received a default letter from them (not a DN).

[Mozz1]

Yep sorry thats what I was querying, banks normally just give a formal notice, just making sure.

 

 

S.

 

Darn, I was hoping there was something else I could throw at 'em just then!

[Mozz1]

She never received a termination notice.

[Mozz1]

Hi Mozz1 ,

 

If you have a look at the Default Notice stuff I've just posted on ravesafe's thread it might help ........

 

Basically , they have to be technically on the ball ,,,,,,,,, no mistakes .....and have DEFAULT NOTICE in great big letters along the top .

 

Johnny, will do.

But it wasn't a DN it was a default letter, which DEF did not have "Default Notice" on it. Just a demand for full repayment and a threat to "suspend the account and refer to DCAs. In the end they closed the account and have had to re-open it.

 

I agree with Car2403 that the CRA situation is way more important than the dosh they are offering at this juncture and it initially passed me by just how crafty HSBC's wording is in that f&f letter.

 

Does the default letter have to comply with any rules and regs?

[Mozz1]

i have just read your ravesafe post Johnny. Thx for this.

However, I am still confused about how applicable s.88 is where default letters are concerned. Clearly with CCA regulated agreements there are formalities to follow with DNs, but does this apply to default letters?

 

Our argument is that the banks are obliged under the Lending Standards Boards Regulation Rules to consider customers in financial distress, and unemployment is given as an example in the LSB's regulation rules. Also the excess notices ask customers to "get in touch with us" with yuor proposals.

 

Now, if a bank ignores communications from a customer (as it did with my GF) then it is not only in breach of the LSBs rules but is also issuing an invalid defualt notice. And the Default registered at the CRAs should be removed in its entirety.

 

In our case the bank also agreed a repayment plan AFTER ther default letter and then backtracked on it.

[Mozz1]

Hi Car2403. No risk of me shooting you I'm way too grateful for CAG's help!

All we know is that no termination notice was received, correct. In fact, we only found out her account had been closed when she just hapened to 'phone up the bank for some info relating to the 'agreed' repayment plan.

 

yeah thats what I thought about default letters -vs- Default Notices. All lead to the same road, though, a "Default" with the CRAs. Surely to goodness default letetrs for od's are regulated in some way??

 

She has sent an SAR and that is due to expire (I mean, the 40 day time limit) on friday so we will then go to the ICO.

[Mozz1]

yes absolutely Johnny. In fact, |HSBC have used the renaged agreement plan as the excuse to reinstate the account and to offer money; they have chosen to deny any irregularities concerning the default letter and the referral to Metro. To get the credit file rectified she has to take on the bank and not accept the f&f.

[Mozz1]

reckon that's "except"

 

Shhh, but I don't think the FOS will do anything about this - it will probably have to go to Court. I didn't say it, though... (Positive thinking and all that...)

 

One step at a time but yes we'd be willing to sue their ass 'cept for the fact that we could end up paying their costs which we don't want to do. that's the bummer.

 

hoping the foz won't be as ineffectual as you think they will be

 

The LSB have been looking into it behind the scenes but of course wed on't hear from them at all; just the initial letter from Robert Skinner the CEO

[Mozz1]

I'm trying to attach the default notice but the new website won't let me. any ideas?

[Mozz1]

Hit reply as normal, then click the Go Advanced button at the bottom. More buttons will appear next to the font type, italics etc. Click on the triangles next to the paperclip icon and you'll be able to upload from files on your comp.

 

The Go Advanced doesn't work. it just takes me to a blank page with a link back to this thread! There are no icons at all. Methinks something to do with the new site.

Are you able to open Go Advanced and attach?

[Mozz1]

mozz, sorry good fella but the file images are too small! The files you emailed me could only be uploaded as thumbnails. Good grief! Sorry mate, have tried. I can't get the hang of this new website, even using smilies needs the advanced edit tab (which of course you don't have!)

 

Cheers TDS. Thanks for the help anyway.

 

I'll try Car's photobucket suggestion...see how I get on!

[Mozz1]

'Go Advanced' now working! Hooray! Even the smilies

Thanks guys.

 

Have joined photobucket and uploaded, but the CAG website upload manager keeps bouncing the upload from photobucket to CAG!!! Any idea what link code on Photobucket I need to use?

 

Why o why did they have to change this website? Rrrrrr

[Mozz1]

Just received this from Experian.

 

"Our Ref:

Dear

Thank you for your email, which we received on 10 August 2010.

YOUR QUERY:

- HSBC (account started )

WHAT I AM DOING FOR YOU:

I am contacting the company concerned for you. This is because I can not amend the information without their consent.

I am adding our standard dispute statement to this information.

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

This statement will show within the next seven days.

I will let you know what they say as soon as they reply.

 

WHAT I RECOMMEND YOU DO NEXT:

Keep viewing your credit report to see any changes.

 

FURTHER INFORMATION:

If you have lived at any other addresses, you can add these to your report profile online. You will then be able to view all of the information that we hold in your name at the addresses provided.

To help you stay in control of your finances, we send you alerts to let you know when a significant change has been made to your report.

Kind regards

Mr

Consumer Services Officer

Customer Support Centre

Experian Interactive

[Mozz1]

If you do get a letter like that and you know the bank has told porkies about you Mozz1 , I'd ask the CRA for a copy of the letter the bank sent....If indeed they've fibbed about you then you can really hammer 'em .... because they should have investigated again when the CRA asked them to confirm.... so they'll have lied twice ...........

 

Johnny, you're on my Christmas card mailing list mate That's just the sort of pressure we need to put on 'em. Good one.

[Mozz1]

Here is the latest from the Shanghai.

 

 

I hope the photobucket lark works :/

 

Our feelings are that they are in clear breach of the Lending Code in (a) not corresponding regarding a repayment plan after the letter in response to their first excess notice (b) negligent in not replying to the second letter in response to their final excess notice and © in breach of the Code in demanding contact by telephone.

The bank have REFUSED to discuss whether the Default at the CRAs will be removed in its entirety (their original letter was vague on this point)

They have admitted that no facility letter/original agreemkent was ever sent para 3 of the 2nd page refers

Resolving this focuses on whether the Final Demand letter was (a) valid (b) issued correctly © not in breach of the Lending Code (d) negligent

We think it was neglient and have told them that in response

Want the Default removed o\w will continue down the Foz route and then the ICO

 

any thoughts?

Edited September 30, 2010 by the_shadow
Images removed at request of Mozz1

[Mozz1]

Looks like I've got the hang of this photobucket stuff :)

[Mozz1]

Trading Standards have taken an interest now. I initially complained about Metro but they have also now asked for the HSBC correspondence...........................

[Mozz1]

Not like you shadow ...

 

If you do get a letter like that and you know the bank has told porkies about you Mozz1 , I'd ask the CRA for a copy of the letter the bank sent....If indeed they've fibbed about you then you can really hammer 'em .... because they should have investigated again when the CRA asked them to confirm.... so they'll have lied twice ...........

 

Johnny, hope u r still around and interested in this thread. we received today this email from the CRA. requires a full SAR to get a copy of HSBC's letetr to them as and when its sent.

 

 

Thank you for your further email received earlier today.

YOUR QUERY:

- Notice of Dispute statement

I would advise you that I am referring to the Notice of Dispute statement.

I HAVE REVIEWED YOUR REPORT AND CAN TELL YOU THAT:

HSBC have not yet responded to our recent query.

 

FURTHER INFORMATION:

I understand that you have requested a copy of all the correspondence between ourselves and HSBC. This is known as a Data Subject Access Request (DSAR). This information must be applied for in writing.

When making your application please include the following information with your request; your full name, address details for the last six years and your date of birth. We will also require a fee of £10. A DSAR will provide you with all of the information Experian (as a business) may hold including your credit report. We are given 40 days upon receipt of your application to provide you with the relevant information.

Kind regards

 

Consumer Services Officer

 

[Mozz1]

Any update on the FOS complaint?

 

not yet, no. have to say TS seem much more interested..........

[Mozz1]

Hi mozz1

 

That seems like a fair one ... you are actually asking for Data that they hold , so it's the same as asking the bank for all the stuff they've got on you ..........if you think it's worth a tenner to see if the bank have been : a) telling porkies or :b) being economical with the truth , and :c) contravening the rules for Default reporting.......... Then I'd say go for it ........

 

cheers johnny.

well, we have quite a bit to sling at 'em so i figure sending SARs to the CRAs would be the right thing to do if HSBC don't remove that pesky default from her credit file.

 

do you have a view on the bank's letter viz their insistence that the default letter was valid (by that I mean not "valid" per se but whether it was sent negligently)?

[Mozz1]

I'll move the HSBC correspondence now as no one else is commenting. Will keep you updated as to HSBC's response to my demand about the default being removed. We suspect that they will refuse on the basis that they claim the default letter was validly issued in accordance witht heir "standard procedures." Which is made given they have re-opened the account and all that has happened. But will let you know.