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    • I received a phone call from the ombudsman service today. It appears CT have said they will not agree for them to investigate the case due to the time frame being over six years. I pointed out that CT had for six years noted the account on the credit file as 'settled' and then changed it in 2019 to 'late' each month, therefore I had no reason to commence a complaint against them, but did so the moment I saw the updated information from settled to late, she agreed and said even if CT still objected to the ombudsman investigating the case, it was within her power to enforce the investigation and proceed with it. It appears the first problem I have is overcoming CT's opinion that the ombudsman can't investigate it due to the time limit, but I am confident I can now overcome that due to having screenshots of the credit file to show they did have 'settled' status noted on the credit file for six years. So my suspicions were right, they were playing a waiting game for the clock to run down.
    • In light of Dixons update on his thread, does this mean that I am now further ahead in the process now?
    • I have received a claim for repossession of my property due to mounting arrears £30,197 and failure to pay the current monthly repayment £2289.   Since receiving the court order (Court appearance is  set for 11Oct ) I have secured a new job (contracting -Self Employed) which will allow me to pay the monthly repayment and the arrears which is the threshold payment of £2439 pm.   I have spoken to the bank previously  re options available ie switching to an interest only mortgage for a couple of years etc so that I could repay the arrears they refused this. I have also discussed using my future pensions (current value £600k) though this is not available for another 2 years again refused. I have been in contact on 9/8 with Ascent  (the banks solicitors) and discussed the situation with them, went through a budget review, including the fact i was starting a new job the following day and that I'd only be paid monthly, they asked if I could make the monthly payment £2289 on the due date 2nd of each month, I told them no because I'm only paid mid month   they said they would take note of this potential payment agreement & If I could contact them mid month sept and possibly we could come to an agreement with option to put an SOP. I told them other options left to me would be to sell my property which would mean upheaval of the family but would be better than the repossession, they said this is not something they would want us to pursue   - I don't see an option I would rather pay them their 300k mortgage and take the 600k equity. wife is totally against selling but i don't have many options   - Any Advice welcome   I am completing the court claim forms online, there is a section,  Have you paid any money to your mortgage lender since the claim was issued?  I have entered the total amount as it won't allow me to state 3 payments I made over different dates - is this ok ?   Have you come to any agreement with your mortgage lender about repaying the arrears since the claim was issued? I have said no as yet due to an agreement can't be made until I call mid sept but i calculate that i would be able to pay the  2289.17 and the Additional £150.04 in monthly arrears until the end of the mortgage term (13 years) any advice?   completed the budget including debt loans etc which is all straight forward. in the section Circumstances which have led to your being in arrears  i have stated Loss of employment- mental health affected wanted to commit suicide sought help from GP, avoided Medication .Unemployed for 1 year- all my savings 23k used to pay household Bills & Mortgage.   Became self-employed started contracting ie xxxxxx plc, xxxxxx plc, employment affected by Coronovirus (Covid-19) Affected work options took employment during pandemic with NHS , have continued to take employment further afield from home i.e. county of xxxxx, county of xxxxxxxx , in order to obtain a higher salary to meet financial obligations.    Assisting one child in University. Family stress has been influential on Marriage separation. any further advice would be helpful   trying to seek legal advice before i click on Statement of truth  
    • @BankFodder heya hope you are well. I was just wondering if you think this letter (apart from the 7 days thing) is okay to be sent off? 
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HSBC Default 3 years late


Emptysack
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Posted (edited)

Hi, I have a defaulted credit card with HSBC as I got into difficulty and arrears. It became to much every month and I let it default. Or at least I though that's what had happened... Instead of defaulting the card they have just let it run for the past 2-3 years with perpetual late payments on my credit report. 

 

The past 2 years my HSBC card has just received a 6 every month on credit report and not a D. It has only been in the last month that they have actually defaulted the account.

 

Are the allowed to do this? I know I should of paid it, and it my own fault. I admit that but I was in difficult circumstances at the time. I knew this would punish me financially for 6 years when I defaulted the account, but it looks as if HSBC are looking to punish me for 9 years instead. Is this even legal?

 

I am in a better financial  situation now and I've been working to get my credit report back on track but with this it looks like its going to be 2028 now.

 

Is there anything I can do, or what do yous advise.

 

Thanks in advance.

 

 

Edited by Emptysack
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Have you complained to HSBC it's not really fair?

 

The ico guidelines changed in 2014 from 3-6mts recommendation to no longer specified , but we've seen banks retro such dates when approached.

 

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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No not yet. I thought I would come here first to see if I could find out the right way about it before lodging a complaint.

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you could write and appeal to there better nature and default the A/C on the 3rd bad marker, explaining as you have above you feel it unfair, but in all truth if its after 2014 this all started, they are under no obligation to do so.

 

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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Not moved have you?

could it poss be that its not hsbc that have done. It?

 

have you any evidence is was?

 

there certainly were times when by default the cra's themselves could show a defaulted date xxxx i n the debt summary, what the current situation is now im not present ly aware of.

 

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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