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Sammiec0108

HSBC Overdraft - Default...HELP!!

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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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