Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

moonstar1981

HSBC Double Entry on my credit file?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2261 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi everyone,

 

I'm a newbie tackling my credit file/debts head on and this forum is fantastic and providing me with boundless information. I'm after some help with regards to a double entry from HSBC on my credit file:

 

I held an HSBC bank account with no credit overdraft facilities from September 2003. I closed my account in July 2009 as I had moved to Australia in 2009.

 

First entry states (CRA's are the same):

Account Type: Bank

Account opened: December 2004

Last Updated: July 2009

Opening Balance: 0

Current Balance: Closed July 2009

 

Status: Green/SettledOK

Not Defaulted

 

Second Entry states (CRA's - Callcredit has current balance and Equifax says CB is closed July 2009):

Account Type: Current Account

Account opened: September 2003

Last Updated: July 2011

Opening Balance: 52 pounds

Current Balance: 8,831 pounds

Status: Default

 

I closed my account with a zero balance so where the hell has 8,831 pounds come from? Also both of these entries have my name spelt incorrectly to?

 

Can anyone help me as it seems they have double entered onto my credit file and I've only ever had one previous account with HSBC which was a current account.

 

Thanks

Chris

Share this post


Link to post
Share on other sites

Are the details definitely for the same account?

I think if this is the case you need to send sar to hsbc to start with.


[sIGPIC][/sIGPIC]

 

Welcome to the Consumer Forums

Free advice and support to to solve your consumer problems.

You will soon discover what a friendly place this is and get lots of hints about standing up to consumer bullies or dealing with other consumer rights.

 

Which guide to the Sale Of Goods Act

 

New advice guide explains credit card rights

 

Help the CAG!!

Make a donation

 

ARE YOU A VICTIM OF COWBOY BUILDERS?

 

Has your RBS account been transferred to Santander?

 

Forum rules. Please read these before posting

 

PLEASE CHECK OUT THE CAG LIBRARY!! IT HAS LOADS OF USEFUL STUFF IN THERE. CLICK HERE

Share this post


Link to post
Share on other sites

Right so here's my story!

 

back in 2005 I had my HSBC current account and no loans or overdrafts.

 

I wanted to trade some stocks and opened up a shares account to do this.

 

I genuinely did not transfer any money into this share account and it had a balance of £10,000 which I thought was a test thing they do so you can see how it all works and try it out.

 

After having a play etc over a few weeks I realised I was rubbish at it and lost to much!

 

I then realised that thus was actual money I was playing with.

To the point where I had made a massive loss.

I had never agreed or signed to have an account credit and I know that I couldn't even get an overdraft on my current account as I had other debts at the time so why on here.

 

After complaing like mad in branch, they said they would sort the matter out for me.

Then in August 2009 they defaulted my current account and added the balance of debt from the share account to my current account.

 

I lost around £1700 of my money and they put a defaulted balance of £8,841 onto my current account.

 

I have never had any any loans, overdrafts or cc's with HSBC nor have I ever acknowledged this debt.

 

I lived in Australia for a few years, and upon returning found thus on my credit file :

 

Current account

Account opened:September 2003

Account closed/default date: August 2009

Reported to: August 2015

Balance £8841

 

After writing to HSBC in January 2013, about this and stating I don't acknowledge this debt and it is statute barred,

they wrote backand said they were looking into the matter and I would receive a reply on 29th January 2013.

 

Now they have sent me a letter stating that they have sold my debt to MK Rapid Recoveries and they are no longer dealing with my case.

 

On the same date as receiving this, MK rapid have sent me a letter demanding payment on this.

 

Any help on what my next steps should be?

 

I genuinely want to try and get thus removed from my credit file as I'm looking to buy a house in the next year.

 

Hope someone can offer some advice as I'm really worried now

 

Thanks

Share this post


Link to post
Share on other sites

Hi, The most obvious first step is a Subject Access Request to the bank, to get all the data on the account, and specifically to find out if the £10K was an unregulated overdraft or a loan, this will determine what response is to be made.

 

I suggest you send a Letter to |MKRR stating that you have raised a FORMAL COMPLAINT with the bank and can neither confirm nor deny any liability for the alleged debt.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hi apologies but there seems to be a few different address bound around for sending a SAR to? Does anyone have the most up to date address for an old current account?

Thanks

Share this post


Link to post
Share on other sites

The registered office, but ant branch will pass the request on.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

The address below is the final hurdle/complaints team. This was the address I used before my case went further.

Also, anything you mail goes to Leeds and from there it is redirected to Coventry/West Midlands - anothing confusing strategy used by HSBC.

Service Quality Team

HSBC Bank plc

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

Share this post


Link to post
Share on other sites

Hi there,

 

This is just a quick update - I have sent off a Subject access request this week so hopefully this will provide a more clearer picture. However, I emailed HSBC back in December regarding this matter to see what insight I could further get. Today they have responded back 3 months later with a letter from there customer care team. It states:

 

Payments of £6488.98 and £1310.30 were made to Investment Direct which took your balance to £7907.35 overdrawn.

 

They state that they sent me a letter on 1st December 2008 clarifying there position on this matter - They have attached a copy of a letter (although they have hand written the date in???) I've posted pictures of what they have sent in there letter and there copy of there record. This letter dated 1 December 2008 was never received.

 

During the whole time I had my HSBC account I have never had any overdrafts or loans. I couldn't get anything on credit as I had a number of defaults and 2 CCJ's during this jperiod. I don't understand how they can state that I made orders through Invest Direct for the following amounts above and fufill the amounts through my current account? I'd never had a balance over £1.5K!!

 

On there letter dated December 2008, it states that "I offer my apologies that the letter sent was incorrect and confirmed that we would link this trading account to your bank account. I have now arranged for the correct letter to be issued" - This really doesn't make any sense to me.

 

Please can someone help me on how I can tackle this matter. I have genuinely been shafted by HSBC here :( I accepted no line of credit or nothing so I don't know how they can say I owe them this money.

 

 

 

[ATTACH=CONFIG]42238[/ATTACH]

 

 

[ATTACH=CONFIG]42241[/ATTACH]

 

 

[ATTACH=CONFIG]42239[/ATTACH]

 

 

[ATTACH=CONFIG]42240[/ATTACH]

Edited by citizenB

Share this post


Link to post
Share on other sites

There are photos of the letters they sent me in regards to this debt - I hope you can see them clearly enough, might have to download them to clearly view them. If not just let me know and I'll either type them up in here or dm them.

Share this post


Link to post
Share on other sites
Hi, The most obvious first step is a Subject Access Request to the bank, to get all the data on the account, and specifically to find out if the £10K was an unregulated overdraft or a loan, this will determine what response is to be made.

 

I suggest you send a Letter to |MKRR stating that you have raised a FORMAL COMPLAINT with the bank and can neither confirm nor deny any liability for the alleged debt.

 

Good afternoon,

 

After waiting 12 weeks for a SAR I have now finally received this!

 

After looking into this matter and seeing what information HSBC hold on me there are several failings the bank have done.

 

The InvestDirect account was open in 2003 but lay dormant.

 

1. There is no credit agreement at all for any amount in InvestDirect Account or Current Plus Account. Looking at all the documents they've sent I've noted these points....

 

2. 28th Nov 2008 - Trading Reserve Declined

3. 13th Nov 2008 - Welcome to InvestDirect. Note on FILE says "We have open a settlement Account, which is linked to your HSBC bank current account....You have a personal dealing limit of £10,000 meaning that you are able to place purchase orders up to this amount, whilst ensuring sufficient funds are available in your HSBC current Account. "

4. Payments on 14th NOV 2008 of £6488.98 and 17th NOV 2008 of £1310.30 were transferred from my current account to INVESTDIRECT.

 

So surely there are two key points here:

 

1. I never have agreed/signed/seen a credit agreement

2. There own point of "You have a personal dealing limit of £10,000, meaning that you are able to place purchase orders up to this amount, whilst ensuring sufficient funds are available in your HSBC current account" - On the 13th November 2008 my current account balance was £68.07 OVERDRAWN. Surely this means that they have screwed me over?

 

Again, I have never been accepted for any form of overdraft with the bank, turned down for numerous loans etc and never had a credit card with them. I have several CCJ's/DEFAULTS/LATE PAYMENTS during this time period and couldn't get accepted for credit anywhere. The current account in 21st NOV 2008 had a closing balance of £7907.23 and then they spent a year charging interest etc and closed the account on 30th July 2009 with a closing balance of £8912.04.

 

Could anyone please advise me what my next steps should really be on this matter?

Share this post


Link to post
Share on other sites

Hi there,

 

Long story short..

 

. Had an issue with an old HSBC debt that landed on my credit file halfway through buying a house a few months ago,

luckily I've got my house and

 

the last year I've been on the road to debt free recovery and managed to have all my debts made satisfactory bar one left now!

 

I had an old HSBC current account with a negative balance of £8,841 which defaulted on November 2008

(when I last paid something on the account) /

 

credit report states default was from 30th July 2009

 

they spent a year chargin interest and closed the trading account and applied it to my zero balanced current account).

 

It relates to a disagreement I had with the bank over a trading account overdraft

that was given to me without me asking for it and at the time I had several CCJ's

and couldn't get an overdraft on my current account.

 

After doing a SAR request with HSBC etc

I provided them with all the facts on my case and they said they are no longer in charge of the debt

and all quieries go to MKDP now.

 

I argued that they irresponsibly lent me (£10,000 overdraft on a share dealing account)

while I was still in a mountain of debt with CCJ's.

 

Since May 2013, I've written monthly to MKDP to request that they review my request of information

and case I presented to HSBC and look into why this default is there.

 

I have also sent them SAR's and had the same response every time.

 

I've now had 4 letters all stating the same thing from MKDP that they are still looking into the matter

and liaising with there client (HSBC)

 

- So getting no where with them.

 

The HSBC have never pursued this in the courts as I believe they know they just don't have a case or evidence to win.

 

Could anyone please advise me what my next steps should really be on this matter?

 

I want it off my credit file and I really don't know what the best course of action is.

 

Could I send MKDP any other letters?

 

Should I contact the HSBC and try and get a heavily discounted settlement in return for satisfactory status on my credit file?

 

Any ideas or thoughts would be greatly appreciated.

Share this post


Link to post
Share on other sites

4 threads on passed history merged

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Having read through your post a few times I cannot see any practical or achievable reason for the default too be removed from the account.

 

Clearly the account was defaulted because you ceased making any payments so what reason is there for the creditor or MKDP to remove the default.

 

The creditor must report the accurate and up to date conduct of the account to CRAs which it appears is being done, a 'dispute' doesn't prevent reporting to the CRAs.

 

I think any argument that there was irresponsible lending would need to be tested in court.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...