Sutton's default removal letters

never-in-doubt

seeya23 wrote: »

nid i ve pm you

replied matey

never-in-doubt

plum24 wrote: »

Hi never-in-doubt, thank you that would be an enormous help, i will get my self on here for 7pm.
Thanks again. Plum.

Hiya

Ok, you're going to need a bit of info.....

see past posts for an idea of the stuff i'll ask such as default dates, default amount, original debt, original creditor, dca, has he moved, has he got any letters or proof, etc etc

cheers - see you tomorrow....

seeya23

here nid have look at it

never-in-doubt

Seeya, that is the status showing that throughout those months the account was in default which it was. It wasd ended august 05 and then went into arrears and then defaulted until you settled it in which case it now shows as S.

That is right mate, its only the one default.

seeya23

thank for that it only on my callcredit file so not to worry then

never-in-doubt

seeya23 wrote: »

thank for that it only on my callcredit file so not to worry then

No mate, only monument used them for main credit searches (new accounts) so if you apply for a new account then you should be ok. However, try not to ask for overdraft increases as these usually generate a cheaper search and this means a callcredit search.... even hsbc use callcredit for basic searches for stuff like overdrafts and credit card increases. New accounts they use Experian or Equifax.

never-in-doubt

wayne99 wrote: »

thanks mate,

I have emailed experian about 2 mins ago requesting the info you have asked for, once recieved ill call next up as suggested, and post what info they can provide.

thanks for your help so far.

wayne.

Hi Wayne

Just keeping tabs on you - have you heard anything yet mate? Remember when you do to post back again and i'll look over the details with you....

Cheers

never-in-doubt

Sammiec0108 wrote: »

Hi NID, me again

Hi Sammie,

Ok I'd be looking to send the letter below, send it recorded so you know when and whom signed for it. Send this to HSBC (OC) and see what comes back. You'll need to add the reference number using the old account number/sort code or the reference you were using with any correspondence from Metropolitan (DCA).

Don't worry if you read this and think 'that's not entirely true', it doesn't really matter because the basis of the complaint will be around the lack of default compliance coupled with the fact you did pay at the first opportunity. The reason the 'extras' are in there is just to add a bit of bite, so to speak! They can never prove/disprove you anyway

Good Luck and keep me posted on developments, if I were you, i'd be expecting HSBC to come back and agree to remove the default - fingers crossed!

Do a spell check before you print it as I type too fast for my own good!

See you later.....

N-i-D

---

Letter to Send HSBC

---

HSBC
Executive Complaints Department
Chartwell House
365 Chartwell Square
Southend-on-Sea
Essex SS99 2UU

Dear HSBC,

Ref: XX-XX-XX / XXXXXXXX

After recently obtaining a copy of my credit file from Experian, I was extremely concerned to note that you'd added a default notice against me on 14th January 2008.

Going into the details of my complaint, I was a student from 2004 - 2007 and held a HSBC Student Account that came with an agreed overdraft of £1250. In January 2007 I moved addresses and sent a letter to HSBC informing them of my new address and when I spoke to telephone banking a week or so later, they confirmed that my letter had been received. As a result of hearing this confirmation, I assumed that my simple address change request would have been dealt with.

Anyway, fast forward to January 2008 and through the post, from my mail redirection at the old address, comes a letter from Metropolitan Collection Services (DCA) regards to my HSBC Student Account. I was immediately surprised because I spoke to someone from HSBC a few weeks earlier and agreed that i'd pay the full balance in February as I was expecting a bonus from work, due late January - bearing in mind at no point was I informed of any problems with my account and I was still within my agreed overdraft. Granted, the account was 'dormant' for a few months whilst I was seeking employment, but the fact remains that I was still within my agreed limit.

What surprised me the most is that HSBC never once tried to contact me about this yet instead I receive a strange letter, a year after moving, from a DCA demanding full payment even though a few weeks earlier when I spoke to HSBC I was told it was fine to pay in February. Coupled with the fact my mail redirection was in perfect working order because I did receive the letter from your DCA and rung and paid the full amount there and then! I was also told by the DCA that nothing derogatory would be registered against me because the account was not defaulted which is evidently a lie and I will be seeking legal advice regards to this matter.

So, here we are. I am an ex customer that through no fault of my own has been hit with a default notice that was most certainly not executed in line with guidance laid down by the Consumer Credit Act (CCA1974). As you are no doubt aware, s.87-88 of the Act clearly states that service of a notice is necessary before action can be taken (s.87 ss.1(a) 1(b)), certainly prior to handing the account to a collection agent (DCA).

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed.

I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day HSBC has acted unlawfully by not issuing a fully compliant and correctly executed legal document. As I did pay the account, as agreed with your own adviser, earlier than was necessary as a result of the illegal harassment from your collections agent (Metropolitan Collection Services) I feel the best way to resolve this matter is for you to simply agree to your error and remove the default forthwith.

Therefore, assuming you are happy with my proposal please confirm, in writing on letterheaded paper, the following points will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

Failure to agree will result in more formal papers being sent, by return.

I look forward to your response within the next 21 days.

Yours faithfully,

Sign here digitally

wayne99

never-in-doubt wrote: »

Hi Wayne

Just keeping tabs on you - have you heard anything yet mate? Remember when you do to post back again and i'll look over the details with you....

Cheers

Hi mate,

No reply from experian, i have emailed a second time today, no credit report through from equifax i have been chasing them for my report for a week, no replys to email, no replys to questions submitted by there website, and i have tried to ring them 3 times on thursday and friday last week, sat in a que for over 1 hr a time with no answer.

sorry buddy, i cant give any updates at the mo.

do you think it would be worth me calling up cabot, cas/phoenix and next and trying to obtain all the details myself ? all the contact information is included on my credit report but the ref numbers and acc numbers are not listed.

wayne.

never-in-doubt

wayne99 wrote: »

Hi mate,

No reply from experian, i have emailed a second time today, no credit report through from equifax i have been chasing them for my report for a week, no replys to email, no replys to questions submitted by there website, and i have tried to ring them 3 times on thursday and friday last week, sat in a que for over 1 hr a time with no answer.

sorry buddy, i cant give any updates at the mo.

do you think it would be worth me calling up cabot, cas/phoenix and next and trying to obtain all the details myself ? all the contact information is included on my credit report but the ref numbers and acc numbers are not listed.

wayne.

Mate dont try and rush things and stop ringing! You want them to breach their own deadlines - you chasing them stops them getting fined so let them be late lol

You miss the point, we need them to screw up so we can prove they are cowboys as and when you go to court (if necessary)....

Just ask the question and sit tight.... stop ringing peopl, when you formalise things each time you ring or speak on the phone you go back 10 steps so get into the habit of waiting - it can take a year to remove one default and you need to bear this in mind...... 1yr is better than 6 though, agreed? :T