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HSBC Default Removal


alisterr
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Hello there. I wonder if someone could look over this and let me know what my next step should be please? Items in Black my narrative, Red my letters/email sent, Blue correspondence received from HSBC.

 

On 27th February I sent by recorded delivery the following letter

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque Number 100134.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

This letter was signed for received in the branch on 28th February.

I had no response at all and on 27th March wrote to the bank again

I wrote to you on the 27th February asking for some relevant information. I enclose a copy of the letter which was sent via recorded delivery.

As 28 days has now passed from the date of this letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

This letter was signed for received in the branch on 28th March.

I then found an email address ([email protected]) and emailed the bank attaching the two original letters

I attach copies of letters sent by First Class Recorded Delivery to yourselves, signed for and received by xxx on 28th February and xxx on 28th March respectively.

You have not provided me with the information requested and therefore I am preparing complaints to both the Information Commissioner' Office and to The Financial Ombudsman Service.

I am sure you are aware of the consequences of this breach.

As you have not substantiated the requested information I also insist that the default is removed from my credit file immediately.

I require confirmation that you have done so.

On 13th of April I received a letter

Thank you for your letter dated 27 March 2007 concerning the recent circumstances regarding your account. This has been forwarded for my attention.

I am looking into the matters you have raised and will contact you with a full response as soon as I have completed my investigations.

In the meantime, I enclose a copy of our leaflet which explains how these matters are dealt with. If you do need to contact us, please quote reference number xxxx.

Yours sincerely

Mrs A A Phillips

Then on 14th April I received in the post my original letter (dated 27th February) which had been stamped as received in the branch as 28th February and my cheque uncashed.

I also received the following letter

Thank you for your recent e-mail, regarding your account. I am sorry that you have had cause to complain.

We do not appear to have received your previous correspondence.

Your accounts were passed to a Debt Collection Agency 11 February 2002. The bank is required to retain copies of Final Demand for a period of two years after issue and unfortunately, as this period has elapsed, I am unable to supply a copy as requested. Similarly, I am unable to supply you with a copy of a deed of assignment as the outstanding balance was not sold to a Debt Collection Agency.

I enclose a copy of the Loan Agreement Forms for your Personal Loan drawdown 27 June 2000.

I am satisfied that the bank has acted correctly and in line with our internal recovery procedures and that we have fulfilled our obligation to you regarding this matter.

With respect to your request to remove the information held by the Credit Reference Agencies, I need to explain why this is not possible. The bank, as part of the credit industry is obliged to provide data to these agencies as part of its commitment to promoting responsible lending. As the information shared with the Credit Reference Agencies will represent an accurate reflection of the way in which an account has been maintained, it is not possible to agree to remove this. It is not the bank policy to remove information that has been correctly registered and it would be inappropriate to agree to do so.I would advise that if your outstanding debt has been repaid, any credit search will show as the debt being satisfied, and any prospective lender will be guided accordingly. If the debt has been satisfied any entry with a Credit Reference Agency will drop from their records once six years has elapsed. In the absence of any error by the bank, I regret that I am unable to intervene and instruct a Credit Reference Agency to remove an entry.

Thank you once again for taking the time to bring your concerns to the bank’s attention. I am only sorry it was necessary for you to do so. I hope matters have now been resolved to your satisfaction. However, should this not be the case, the attached guidance sheet explains the next steps available to you.

Yours sincerely

A Phillips

Customer Service Officer

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Hi

 

from other threads ive read, i belive the bext stage would be to send a s10 sharing cease request. you conscented to sharing information while you had a contract but now no contract exisits so sharing information must stop. the deafult isnt in the public interest, and the information belongs to you, so i understand you can insist on its removal... I think !

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