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    • Hi CAG,   First time poster here.   I would like to start off by saying that I've read through various threads and it's quite heartwarming to see the level of attention and support you give to people dealing with often stressful and anxiety inducing circumstances. I'll certainly be making a donation as this is truly a valuable resource.   I've read several similar threads to my own situation but I thought I'd seek your advice.   I opened a letter just a few hours ago from London Collection and Compliance Centre which is dated 11th January 2022 for an amount totalling £870.68. I'll attach a copy below. I can't quite remember the date of the initial offence. For context, I boarded a bus (I believe in 2018) and unbeknownst to me, my contactless card did not register correctly on the reader. I had my headphones in with music playing and was sat for my journey and then was approached by a ticket inspector who informed me that I did not tap and therefore was unable to provide proof of a valid ticket. Despite explaining the circumstances, I was asked for my details which I provided in full. I was honest and forthcoming with the ticket inspector but I wasn't aware this would amount to a fine as I was provided with a printed pass for the remainder of my journey. I accept liability for not being able to provide proof of a valid ticket and do not wish to dispute this regardless of intent.    I'm not entirely sure why I didn't pay the fine upon receipt of TfL's initial correspondence but I'm a long time sufferer of anxiety and depression which at times is so debilitating that I'm unable to make the best decisions or carry out simple actions. Some of which would mean I wouldn't need to make this post. I struggled financially at the time of receiving this letter and further correspondence which placed I did not deal with correctly because of the mental state I was in. I struggled to cope with and stupidly I neglected my responsibility and buried my head in the sand. I made an error in judgement that I wholeheartedly regret.   As of writing (early hours of 26th January 2022), the 10 working days given in the 'Further steps notice' has elapsed (25th January 2022). I rarely receive mail and therefore I don't regularly check my mailbox. However, I decided to take a look today as I suspected I missed a Royal Mail delivery. I intend on calling the number on the letter at the earliest appropriate time in the morning and dealing with this matter. I'm desperate to right my previous wrongs as I've worked hard to deal with my anxiety by beginning therapy. However, like many others in this thread, I'm worried about the prospect of having a criminal record. I'm 26 years only and I don't have any previous convictions nor have I had any trouble with the law. I have a real love for the service TfL provides and I'm capable of listing off an endless stream of related trivia. I have no previous run ins with TfL and regularly travel on the network and pay the correct, full fare each time.    I'm worried about how this will affect my future in regards to employment and my intention of naturalising as a British citizen (I've been in the UK for 20 years now).   I'll note my primary questions below and would truly appreciate your advice.   a) If I get in contact with the number on the letter as soon as possible, will that be too late despite the close proximity to the deadline?   b) What would be the best potential approach to resolving this issue? (I'm unable to pay the amount in as a lump sum.)   c) If I were successful in arranging a payment plan/somehow paying the amount in full, how would that affect the court proceedings? Would this still result in a criminal record?   d) I've seen other threads which mention OOC settlements with TfL, would this be an option despite receipt of a 'Further steps notice' letter?   e) Should I end up in court or have the opportunity to speak to someone over the phone - will I be able to explain my circumstance and plead for leniency?   f) What other general steps would you suggest I take at this stage to mitigate the consequences?   Apologies for this post being so long, I wanted to include as much relevant detail as possible and I'm more than happy to provide any that's missing. I don't want to make excuses for myself. I completely accept I'm in the wrong for allowing things to get to this stage, despite the difficulty I had with my mental state but I want to do right by myself and deal with this. I'll post regular updates and be sure to include a conclusion once I deal with the matter regardless of the outcome.   Thank you in advance for looking at this post, I really do appreciate what you do.   IMG_2609.pdf
    • The worrying aspect is that they could well run away ... then a few months down the line, knowing full well you'd moved, sue you at your old address, knowing you would lose by default.  Therefore I suggest sending the above letter off on Thursday if the other regulars don't disagree, then on Saturday another one to just UKPM     Dear UK Car Park Management Limited,   re: PCN no.XXXXX   please note that I no longer live at XXXXX but that my new address is XXXXX.   Yours,
    • How about -     Dear Will & John,   Re: your reference XXXXX, vehicle registration XXXXX   cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you thought I would actually take such bilge seriously and then cough up.   Now you know and I know and now you know that I know all the reasons why these residential parking claims are utter pants.   Your thicko client, UKPM, have been hammered in court so many times in these cases, but if they haven't learnt their lesson and want another thrashing, fine, bring it on.   I see the government this week dropped tests for fully-vaccinated travellers returning to the UK, so if your client is daft enough to take me to court then I will delight in tolchocking them, then obtaining an unreasonable costs order under CPR 27.14(2)(g), spending it all on a foreign holiday, and then laughing at your client's expense while I down my aperitivi.   I look forward to your deafening silence.   COPIED TO UK CAR PARK MANAGEMENT LIMITED     Gladstone's and UKPM are well aware of where these letters originate from and that they would have a real battle on in court, so lately have always run away ... although of course there are no guarantees.   However, hang on through tomorrow and see what the other regulars think.
    • 'Walk the ice, take risks and do it quickly'View the full article
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HSBC Overdraft - Default...HELP!!


Sammiec0108
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Hi all,

 

I keep an eye on this board and have always found them pretty inspiring so thought i'd give it a go with my case. The bare details are:

 

Before i went to uni i had a regular (think it must have been current account) with HSBC, i then changed it to a student Acc. By the time i graduated i had an agreed student overdraft with them of £1600 interest free. The overdraft was at about £1250 when i left (June 2007). At the time of graduating i had no income and had no way to pay this off, as it was interest free there was no time pressure and so the account stayed dormant.

 

During university i kept my account registered at my family home, we then moved in January 2007 (i was still at uni), my parents set up a mail forwarding service and we all sent change of address forms to HSBC. I phoned HSBC soon after and they confirmed they had received the change of address and so i assumed that it would be processed accordingly.

 

Fast-forward to January 2008 (having literally just gained employment) and i received a notice from Metropolitan Debt Collection :mad:(originally posted to my old address but forwarded via the postal forwarding service) for the whole sum of the overdraft. I got really freaked out and paid the whole amount there and then. On the letter from the DCA it stated that if paid within 14 days nothing would be out on my credit file.

 

I have since checked my files and seen that HSBC have issued a default on the account in November 2007 with a Settled mark (full amount) in December 2007. I have been in contact with HSBC about removing this default, due to lack of notice of default, lack of notice of termination etc. for the last 9 months or so, but they are useless and disregard any questions they cant answer and just fob me off, their responses dont even refer to the right dates!!:mad:

 

Just to clarify i have never received a default notice or any communication at all regarding the account at the time from HSBC.

 

I have been advised by a member of another money related board to now proceed to the FOS, but just wanted to make sure there is nothing else i should do to try and resolve the case with HSBC. Equifax states on the report that a default marker should not be issued if the full outstanding amount is settled within a month of the default. Does this apply to me as this is what is showing on my credit file?

 

Lastly should i be SAR'ing HSBC for a valid default notice as they are yet to produce one?

 

Any help would be much appreciated, let me know if any further details are required....sorry for the essay!:)

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Hi sammieC0108, welcome to the forum .... :)

 

I would certainly be sending a SAR for the Default Notice if they haven't produced it ....... but if you're going to payu a tenner you'd be as well to get everything that entitles you to .... i.e . everything they hold on you ..... statements , notes , documents correspondence , agreements etc...... amazing what they all reveal sometimes . and it'll certainly prove also that they had your change of address and ignored it .......

 

All grist to the mill for a complaint to FOS ........ send FOS all your correspondence that you've had on the Default Notice matter.... 'Recorded Delivery ' of course , and a covering letter of what your main complaints are ..

 

This will get you a 'Case No. ' from FOS , which you can quote to HSBC in any future correspondence ...........annoys the hell out of them because any complaint to FOS costs them £400 ..... :D

 

Also this allows you to keep FOS updated with replies from HSBC to anything you find out from your SAR ......but don't hold your breath waiting for a swift reply from FOS ......... :rolleyes: .. .suffice to say that it's necessary to prove you've complained to them before you take it further .... that's about all they're good for at the moment ... you get a case no.

 

Hope this helps , but by all means come back and ask if you have any further queries ..... someone will answer ....and we're user-friendly on here .... :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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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OOPS .....double post .......... :oops:

 

Oh well, while I'm on I'd be as well to explain that Metropolitan are not a real DCA .... they're only the collection branch of HSBC .... working in another office in the same building in Brum......

 

If you read this link it'll give you an idea of what they're about .....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/265817-hsbc-help-desperatley-needed.html#post3033199

Edited by johnnymitch

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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi Johnnymitch,

 

Thanks for the warm welcome and advice, i'll be sending the SAR to them first thing Monday morning recorded delivery, hopefully they wont be able to produce this hypothetical default notice and then i will be back in business....up until now it has been a case of banging my head against a brick wall!

 

As for the FOS complaint, should i do this prior to the SAR or does it not really matter, perhaps i should wait for the SAR repsonse and use anything of use in there as evidence supporting my FOS complaint?

 

Is it worth contacting the CRA's about the fact that the account was settled the following month after the default was issued? it clearly states that the default should not show if it was settled within a month?

 

Cheers

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