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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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HSBC playing dirty, possibly fraudulent?


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Ok, this is a long one so I will keep it as concise as possible.

 

To try and avoid paying out an agreed £5,400 in miss-sold PPI, HSBC decided to illegally register a £9,000 debt in my name so that they could pay the money directly to Metropolitan.

 

This was done in July 2011, two weeks before I was due to be filmed for Dragons Den.

 

The result of the registered debt was that I am still unable to raise any finance for myself or my soon to be closed company and I have lost patent applications worth an awful lot of money.

 

I am in the middle of investigations by both the FOS and the ICO and am soon to be taking legal action against HSBC for compensation of around £10,000,000.

 

For a detailed timeline of events and copies of HSBC documents and internal emails go to the Crocodile Keyboards website.

 

I would appreciate anyone who could spend around ten minutes taking a look and giving their opinion on the legality of what HSBC have been doing. I have been told that I am eligible for legal aid but I am waiting to find out to what extent this help will be.

 

Many thanks.

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You'll have to lay out the detail on the forum please

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post removed

 

please remove all personal details and names

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Ok, I have cut pasted and edited directly from my website.

 

Summary written 20/07/2012

xxxxx xxxxx had taken a break from his normal job of replacement stone carving in 2010 to concentrate on developing the first-colour changing prototype of the xxxxxxx xxxxxxxx. During this period, he also put in a claim for two miss-sold PPI policies with HSBC in April 2010.

 

After the prototype was completed in November 2010, Mr xxxxx was having problems finding any full time employment as the stone industry had been hit by the recession. Mr xxxxx contacted HSBC to talk about his existing personal loan as he was going to struggle keeping up with the full repayments until Feb 2011 at the earliest.

 

Instead of HSBC offering to refund the miss-sold PPI, they insisted that he make part payments to the account, which he did.

By May 03 rd 2011, HSBC were still denying that the PPI had been miss-sold but were now insisting that they would be issuing court proceedings if he failed to contact them by 13 th May 2011 to arrange repayment terms.

On May 5th and 6th, Mr xxxxx contacted HSBC and spoke to a manager who agreed that the loan should never have been passed to arrears collection and he would arrange a one-month hold on any further action and fast track a PPI repayment with the offer being posted the following week

.

This came as quite a relief for Mr xxxxx who had been struggling financially and had very little of his project funds left.

 

HSBC posted the first offer to Mr xxxxx on the 21 st June 2011, which he duly accepted, signed and posted back. Unfortunately this offer had been cancelled and the loan account shut down and passed to Metropolitan collections and the debt registered in his name on 29 th June 2011. This was two weeks prior to Mr xxxxx being filmed for the BBC’s Dragons Den in July 2011.

 

HSBC then posted a second increased offer that was now payable directly to Metropolitan and would still leave Mr xxxxx owing £2,000 and still with a registered default against his name.

 

Mr xxxxx made a formal complaint about the registered default but HSBC were denying that any arrangements had been made in May 2011 and insisted that no evidence could be found to corroborate this.

Mr xxxxx then involved the Financial Ombudsman Service in August 2011 and they agreed to fast track an investigation.

 

The registered default by HSBC had a disastrous impact on Mr xxxxx and xxxxxxx xxxxx Ltd as any means of raising finance was effectively taken away. Mr xxxxx was trying to raise his second round of funding to build the finished version of the keyboard and take the patent applications through to the next stage.

 

With the Ombudsman now asking awkward questions, HSBC finally made a PPI repayment to Mr xxxxx and set up a new loan account to repay the debt with Metropolitan. Unfortunately, the new loan funds were put into a holding account for five months and not handed over until March 2012 to clear the debt.

 

Mr xxxxx had contacted the HSBC Chairman's office and the FOS several times to try and get things resolved, unfortunately even the Chairman's own investigation failed to notice that the new loan funds were supposed to repay Metropolitan and still also failed to find any evidence of the May 2011 agreements.

 

In March 2012 Mr xxxxx received the results of his SAR (subject action request).

Buried in the information where internal emails from the 13th may 2011, showing that an arrangement had been put in place for a one-month hold and a fast tracked repayment of the PPI. Unfortunately, this agreement written on the 13th of May 2011 was withheld from being posted for five and a half weeks and than re-dated and posted the 21st June 2011, one week after the hold ran out.

 

Mr xxxxx’s solicitor, who has spent quite some time looking at these documents had pointed out numerous irregularities and has concluded that HSBC could be liable for a possible breach of contract, collusion to defraud and illegally registering a debt. This is quite separate to them ignoring their own terms and conditions of their final demand letter dated the 3rd of May 2011 that Mr xxxxx had fully complied with.

 

The FOS originally found that HSBC had treated Mr xxxxx unfairly, should have made the PPI repayment much earlier as HSBC were aware that Mr xxxxx was suffering financial hardship, should never have registered the debt and had failed to clear the debt as agreed.

 

The FOS have since decided to re-open the investigation in light of the new evidence from the SAR and also the Information Commissioners Office have become involved because of the wrongly registered debt.

 

The overall effect for Mr xxxxx is that he was put into a debt spiral by HSBC during the past year and lost his patent applications through not being able to raise any funding to protect them. Mr xxxxx is currently seeking compensation from HSBC to cover his own personal losses with xxxxxxxx xxxxxxxx Ltd pursuing a claim for losses separately which is currently estimated at around £10 million.

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Ok, this is a long one so I will keep it as concise as possible.

 

To try and avoid paying out an agreed £5,400 in miss-sold PPI, HSBC decided to illegally register a £9,000 debt in my name so that they could pay the money directly to Metropolitan.

 

This was done in July 2011, two weeks before I was due to be filmed for Dragons Den.

 

The result of the registered debt was that I am still unable to raise any finance for myself or my soon to be closed company and I have lost patent applications worth an awful lot of money.

 

I am in the middle of investigations by both the FOS and the ICO and am soon to be taking legal action against HSBC for compensation of around £10,000,000.

 

For a detailed timeline of events and copies of HSBC documents and internal emails go to the Crocodile Keyboards website.

 

I would appreciate anyone who could spend around ten minutes taking a look and giving their opinion on the legality of what HSBC have been doing. I have been told that I am eligible for legal aid but I am waiting to find out to what extent this help will be.

 

Many thanks.

 

 

 

Metropoltan are HSBC in house muppetts/as D.G. non solicitors llp

:mad2::-x:jaw::sad:
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I have already reported them to the FSA for actions which are possibly fraudulent - delaying payment with the old "we know nothing" excuse when in reality they had the docs all the time.

 

I can't help you with advice but I hope you get every penny that you are claiming.

 

But then it has been on the news that they have allegedly been money laundering in america so this is nothing to them.....

 

Oh and dont forget the alleged rate fixing involvement too,

 

Link to Guardian article about both

 

At least the Americans have the baubles to sort them out - unlike the UK FSA

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

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At least the Americans have the baubles to sort them out - unlike the UK FSA

 

Are you sure about that :lol:

 

what fines have the UK applied (or intend to apply), what punishment has been (or is to be) applied for their part in rate fixing ?

 

Why did OFT take them to court on a very narrow point when a much broader one with more chance of success was available?

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

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Maybe Dougal is right, more of us need to complain to the OFT ? I agree that nothing appears to happening in the UK to deal with lets face it criminal behaviour by the banks, I have no idea why this would be.I think the OFT missed a very good opportunity when it went to court , again you can speculate as to why but can anything be done ?

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  • 3 weeks later...

Have a quick update for you.

 

Last week I sent HSBC a "letter before action" (Many thanks to everyone on this forum for the invaluable information on how to do this/what to say) and informed them that I will be seeking £10,000,000 compensation via the courts. If any of you have been to the Crocodile Keyboard website and read the documents there, then you will be pleased to know that I have requested the names of all of the HSBC employees that have written the internal emails as I am including them on my witness list so that they can explain their actions in court.

The FOS Ombudsman has also now made a final decision based on their investigation which it turns out is exactly the same as the original one made in 2011. They are not making any comment about the legality of anything that HSBC have done or commenting on any of the new evidence from my SAR, just re-stating that HSBC have made a few bank errors and should pay £300 in personal compensation.

 

The FOS were never going to actually investigate HSBC, and they do not actually have to take any notice of any relevant laws in their decision so you do wonder how they are ever going to come to any relevant conclusion.

 

So there you have it, I have no legal help with this as no litigator in his right mind would take on a no win no fee case against a bank. I will be presenting my case to court as a litigant in person who at the moment has no real income to speak of due to the effects of what HSBC have done over the past two years.

 

Oh yes, I forgot to mention one thing.

I contested a final demand I received from HSBC last month for the new loan that the FOS made them set up in September to repay Metropolitan. At the time there had been no formal loan application filled in, I failed the credit check in the branch and I still had a £9,000 default in my name. I had been out of work for a year and the casual part time work I was due to start was only going to bring in around £150 a week.

Anyway, HSBC decided to ignore my legal right to contest the debt in court and passed the second loan account over to Metropolitan who registered the debt against me. Now for the icing on the cake. Metropolitan went ahead and registered the wrong account number and debt amount against my name. So cue emails to the FOS and ICO and another formal complaint to the HSBC Chairman.

 

Honestly, you couldn't make it up could you.

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Have a quick update for you.

 

Last week I sent HSBC a "letter before action" (Many thanks to everyone on this forum for the invaluable information on how to do this/what to say) and informed them that I will be seeking £10,000,000 compensation via the courts. If any of you have been to the Crocodile Keyboard website and read the documents there, then you will be pleased to know that I have requested the names of all of the HSBC employees that have written the internal emails as I am including them on my witness list so that they can explain their actions in court.

The FOS Ombudsman has also now made a final decision based on their investigation which it turns out is exactly the same as the original one made in 2011. They are not making any comment about the legality of anything that HSBC have done or commenting on any of the new evidence from my SAR, just re-stating that HSBC have made a few bank errors and should pay £300 in personal compensation.

 

The FOS were never going to actually investigate HSBC, and they do not actually have to take any notice of any relevant laws in their decision so you do wonder how they are ever going to come to any relevant conclusion.

 

So there you have it, I have no legal help with this as no litigator in his right mind would take on a no win no fee case against a bank. I will be presenting my case to court as a litigant in person who at the moment has no real income to speak of due to the effects of what HSBC have done over the past two years.

 

Oh yes, I forgot to mention one thing.

I contested a final demand I received from HSBC last month for the new loan that the FOS made them set up in September to repay Metropolitan. At the time there had been no formal loan application filled in, I failed the credit check in the branch and I still had a £9,000 default in my name. I had been out of work for a year and the casual part time work I was due to start was only going to bring in around £150 a week.

Anyway, HSBC decided to ignore my legal right to contest the debt in court and passed the second loan account over to Metropolitan who registered the debt against me. Now for the icing on the cake. Metropolitan went ahead and registered the wrong account number and debt amount against my name. So cue emails to the FOS and ICO and another formal complaint to the HSBC Chairman.

 

Honestly, you couldn't make it up could you.

 

 

OOOHHHAAAAAAAAAAaaaaaaaaaaaaaaaaaaaaaaa Make it Up = sounds like Monty Pithon to me, sounds very familair though, keep it up, join the rest of us == Question the FOS etc on the antics of HSBC, see Rohannah thread,.

 

HSBC seems to me to be always use the culture of Limiting losses exercise, in all their dealings.

 

Yes Use the names of the respondants I use them in my letters, point for you:- all HSBC staff have a Staff Number i.e.. usually begins with a 4 get that to quote as well they have to give it to you, except the velly fine English speaking Unit in Ixxxx or that building next to the Asia Mall = Mxxxxx.

:mad2::-x:jaw::sad:
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Sorry to hear this dustmonkey, Mike's right it's all depressingly familiar and frustrating when you can see something and they can't or won't.I don't think I will submit my husbands complaint to the FOS sounds like it's a complete waste of time which is something most of us don't have when dealing with the HSBC.Have you tried the community law services? might be worth a shot.I hope you have better luck taking them to court it's probably your best option.

Fingers crossed

Ro.

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The FOS have been pretty useless if I am honest. The thing is you have to be able to show any court that you have gone down that route before taking any action. HSBC are now sending me letters refusing to investigate my complaint any further and have taken no notice of the evidence from my SAR results.

 

At least at a first hearing with a judge, they have to actually put up some sort of defense, until now they have just continually denied everything. As soon as I receive anything from the ICO I will update my Crocodile Keyboards website and post a comment here.

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The FOS have been pretty useless if I am honest. The thing is you have to be able to show any court that you have gone down that route before taking any action. HSBC are now sending me letters refusing to investigate my complaint any further and have taken no notice of the evidence from my SAR results.

 

At least at a first hearing with a judge, they have to actually put up some sort of defense, until now they have just continually denied everything. As soon as I receive anything from the ICO I will update my Crocodile Keyboards website and post a comment here.

 

They are useless thats why I didnt want to waste any time with them and I went straight to the court.

 

And you are right, they are trying to patch something together however mine was easier and they have admitted fault and I have had my approved ammended particulars back today so its back to sqaure 1 but on better ground. Its a joke they offer you petty money but can screw you over big time! I also have a topic in this forum.

 

Oh I have seen you mentioned FOS said you can get £300 compensation. Before I came to this website I went to another one, people laughed when I said I wanted near £10,000 compo for the nail in the head they done to me. They said according to fos you will get £300. However, by going to the courts HSBC have offered me £500, now £1000. My personal opinion of the fos is they are simply useless and will side with the "big banks".

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

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That's about the strength of it. The FOS have to take into account the legal situation but they can still set compensation at any level they choose.

 

I went into the Brighton branch of HSBC yesterday to make an official complaint about HSBC passing on a contested debt to Metropolitan and then having Metropolitan register the wrong account and debt against me. The manager of the bank refused to let me register the complaint in the branch and asked me to leave after giving me a HSBC leaflet on how to make a complaint. So off I popped to the Burgess Hill branch and made my formal complaint there. The staff there were very accommodating up until the point when they contacted customer services to discuss the case and then came back to me and announced that they could not discuss the situation or make any further comments.

 

Sounds like my letter before action may have arrived.

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That's about the strength of it. The FOS have to take into account the legal situation but they can still set compensation at any level they choose.

 

I went into the Brighton branch of HSBC yesterday to make an official complaint about HSBC passing on a contested debt to Metropolitan and then having Metropolitan register the wrong account and debt against me. The manager of the bank refused to let me register the complaint in the branch and asked me to leave after giving me a HSBC leaflet on how to make a complaint. So off I popped to the Burgess Hill branch and made my formal complaint there. The staff there were very accommodating up until the point when they contacted customer services to discuss the case and then came back to me and announced that they could not discuss the situation or make any further comments.

 

Sounds like my letter before action may have arrived.

 

 

 

Not surprised as that is the method HSBC use i/.e. outsource away from Branch, wonder they did not let you phone the necessary department.

Metropolitan being HSBC in house monkeys.

:mad2::-x:jaw::sad:
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From the reaction I received at Burgess Hill, nobody at this point is willing to talk or discuss the situation because I have now threatened legal action. This includes Metropolitan.

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They will not talk to you, even if the subject was a different one, kept on the phone 45 minutes trying to get thru to their number, all I got was a guy who listens and says nothing then tells you to ring again as cannot get thru to the department needed, luckely I found an 0800 number to ring their exchange they ended up paying.

for the call.

 

That seems to be HSBC s answer to complaints etc by customers, anybody who have problems with HSBC will tell you the same. they are the worst Bank in the World and I mean the world.

:mad2::-x:jaw::sad:
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That's about the strength of it. The FOS have to take into account the legal situation but they can still set compensation at any level they choose.

 

I went into the Brighton branch of HSBC yesterday to make an official complaint about HSBC passing on a contested debt to Metropolitan and then having Metropolitan register the wrong account and debt against me. The manager of the bank refused to let me register the complaint in the branch and asked me to leave after giving me a HSBC leaflet on how to make a complaint. So off I popped to the Burgess Hill branch and made my formal complaint there. The staff there were very accommodating up until the point when they contacted customer services to discuss the case and then came back to me and announced that they could not discuss the situation or make any further comments.

 

Sounds like my letter before action may have arrived.

 

That manager seems like a pr@t!! It was the manager at my branch who found the offer made to me on their system yet I lost the original documentation. However, when I went in to the bank prior to this (the same branch) the little tom dick and harry workers there coiuld not find the offer on the system and he did. I was also getting letters off metropolitan and other DCA's and I went in there after and he rang them infront of me and told them they cant pursue it aint any further.

 

In relation to the fos, they cant set a compensation they choose they can but are not too keen if you know what I mean. Mainly because what I have heard from others and on their website is that most cases usually get upto £300, few get upto £600 and very few generally get upto £1000 and the smallest minority get over a £1000. The figures are from the top of my head but over a £1000 is a dream with fos basically. Dont waste your time anymore. I was going to do this thank god I didnt. The folk on this forum told me to go straight to the small claims court, limit to £5000 and the ball rolls smoothly.

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

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Its at this point that I will remind everyone that my claim against HSBC stands at £10,000,000 in court and £1,000,000 for an out of court settlement. The FOS and HSBC are offering £300 at the moment.

 

I am going to do my best and try to make my court case as public as possible, a kind of Crocodile Vs Goliath case. I am going to be a litigant in person going up against one of the biggest banks on the planet with more legal resources than they know what to do with.

My witness list is going to look like the HSBC Christmas party. All it takes is to have a judge in a court who decides that it would be interesting to have HSBC explain their actions based on their own paperwork.

 

This is what is happening with the ICO at the moment, they have been asking HSBC to provide evidence as to why they registered a debt in my name for £9,000 last year. There answer so far has been, "Um, yes, er we will have to get back to you on that!" They now have till the end of this week for that one, at which point the ICO will be asking why they instructed Metropolitan to register a second debt in my name which was not even mine.

 

HSBC have to come to the conclusion that I am not going away and treating me like an idiot at this point is not going to do themselves any favors when it comes to court. They can quite happily withhold information from my SAR and lie to the FOS up until the point when someone calls their bluff.

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I dont think you will get 10mil or 1mil for that mate.

 

I was looking at over 10k for mine but wasnt far off as others have got around the 8k mark! lol

 

If you check my topic I have had a wrong default of £216 put on my credit file. When they put this on in the meantime they where getting dca's to get the money off me!!

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

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Did you actually take anybody to court over it or was it an out of court settlement?

 

Were you accusing the bank of making a mistake/error or were you saying that they registered the debt on purpose?

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Yes HSBC. The process is on going. I made a mistake on my particulars of claim and didnt mention "damage to creditworthiness" on them and recently had them approved. I sent these and other documents to HSBC. They offered me £500, then £1000 "without prejudice to cost" I counter offered their £1000 with £4500. I am asking for £5000 (the limit of small claims court).

 

You can attempt to get more money however this would mean it would go into higher courts and there are legal costs involved!!

 

It doesnt make a difference if you "accuse them" or they "register it on purpose".

 

Since you ask me that it makes me wonder now lol. They put a default of £216 on my credit file all whilst they were still getting DCA's to get that money off me!

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

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Well at the moment there is an ongoing investigation into whether or not HSBC delayed sending me my PPI repayment offer so that they could actually register the debt. The registered debt then allowed them to cancel the first offer and make the second offer repayable to Metropolitan/HSBC. This kind of puts a whole different skew on the legal interpretation of what should be payable in damages.

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