HSBC/Metropolitan Default

[MrWhisk]

Hello All!

 

Any advice would be really appreciated.

 

I recently took steps to try and have a default removed from my account. I had an overdraft passed from HSBC to Metropolitan in 2003 for £1017 which was subsequently settled 2 months later.

The default has remained on my account and has recently prevented me getting credit. I decided i would inform them that i didn't receive the letter informing me that the account would be passed to default in the format outlined on the template letters within this and many other sites.

(detailed below)

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Dear --------

 

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 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

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.

 

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They replied

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Thanks you for your letter dated 5th July 2007

 

With regards to the agreement you would have signed when opening your account, i note from our records that your acount was opened more than 6 years ago. Under the Data protection act, we are only obliged to keep information for a period of six years and therefore do not hold the agreement in ourt records.

 

Our records also indicate that a final demand was issued on the 20th of December 2002 and a letter was sent to you advising you of this. We are not obliged to keep records of this letter.

 

Your account was closed on 23rd January 2003 and the balance referrred to Metropolitan collection services. Therefore, there is no deed of assignment as the debt was not sold.

Metropolitan Collection Services is a part of the HSBC Group PLC.

 

I trust this clarifys matters.

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NO - it does not.

I thought the whole lever to getting a default removed lay in the fact that i didn't receive the original paperwork informing me of the default but in this letter they tell me they are not obliged to keep a copy!!!!

 

Please help-my head hurts:o

[lateralus]

hi, mr w.

welcome to the forum -

does this help at all:Defaults - a proposed method for removal and the full template letter

[MrWhisk]

Thanks man!

Thats a great help.

Something i'm slightly unclear on though is....

 

There seems to be two seperate template letters here, do both letters go both the Bank and experian or is one intended for the Bank and one for experian?

 

Also, have many people out there experienced success via this method?

The letter is of a very complex nature and i think my ability to continue correspondence with the bank would be very limited should they come back with a letter of similar complexity?

Thats not toi say i wont try it of course as nothing ventured...

Thanks in advance!

[Catlover64]

Thanks man!

Thats a great help.

Something i'm slightly unclear on though is....

 

There seems to be two seperate template letters here, do both letters go both the Bank and experian or is one intended for the Bank and one for experian?

 

Also, have many people out there experienced success via this method?

The letter is of a very complex nature and i think my ability to continue correspondence with the bank would be very limited should they come back with a letter of similar complexity?

Thats not toi say i wont try it of course as nothing ventured...

Thanks in advance!

 

Actually - Lateralus is a lady!

[lateralus]

i'm thinking you click on that thread and then post in it with your question as the people there have been through it and you'll get better advice from them - so after you've read - just go on it's "post reply" and then keep checking back - or sign up for the updates on that thread.

[MrWhisk]

Thanks (wo)man! HaHa.

Seriously though.....thanks.