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Help with HSBC reclaim....
turnipmonkey
Posts: 2 Newbie
Hi everyone, I've used this site for the last few years to look up various snippets of info but I'm now in a quandry as to what to do!!
The story starts.. I had an Overdraft with HSBC for £1000 due to various moments of head in the sand and the ridiculously large charges I eventually became £1461 overdrawn although my overdraft was only for £1000. hence I stopped using the account as half my wages would of been taken up to get the balance to the £1000 overdraft limit.
Anyways.. I received a letter from them on 11 February this year which demanded full payment within 7 days £1460.87 or satisfactorily proposal for repayment within 28 days or it would be passed to DCA or Solicitors - I sent the response on 11 March this year, cutting it fine i know, what with work and studying 2 evenings a week the time flew.
I sent the response notifying HSBC that I had put in a claim for the Refund of charges as £1291 of charges had been levied to my account between Jan 07 - Sept 08 and with interest it took the amount being claimed to £1412.16 therefore asked for action put on hold whilst test case on - optimistic of me or daft I'm unsure which.
Response I had on 17th March was to say that refund wasn't mandatory and that debt enforcement would not cease. At this stage I had also been contacted by MCS (There DCA) This letter of 17/03/09 also stated that if default had been entered by HSBC then if I forwarded copy of Credit Agency Report they would investigate.
It was at this point I checked with Experian and Equifax and noticed Default had been raised on my credit report on 11th March 2009.
the Original letter I received on 11th February 09 doesnt look like a default letter and it is the first letter I have ever recieved from them requesting immediate repayment of the balance - despite it's heading of Final Demand.
I have since written asking for removal of default as account is in dispute and default shouldn't of been raised and for copy of creidt agreement.
But the most recent letter states that they can't comply with my request for copy of Credit Agreement as current account is not covered by this Section 77 of the Consumer Credit Act 1974.
There was no mention of my request for the signed true and certified copy of the default notice.
I seem to have reached an impasse and am unsure what to do...
I can provide e-mail copies of all letters sent and recieved to anybody that is able to offer advice.
Thanks in anticipation
The story starts.. I had an Overdraft with HSBC for £1000 due to various moments of head in the sand and the ridiculously large charges I eventually became £1461 overdrawn although my overdraft was only for £1000. hence I stopped using the account as half my wages would of been taken up to get the balance to the £1000 overdraft limit.
Anyways.. I received a letter from them on 11 February this year which demanded full payment within 7 days £1460.87 or satisfactorily proposal for repayment within 28 days or it would be passed to DCA or Solicitors - I sent the response on 11 March this year, cutting it fine i know, what with work and studying 2 evenings a week the time flew.
I sent the response notifying HSBC that I had put in a claim for the Refund of charges as £1291 of charges had been levied to my account between Jan 07 - Sept 08 and with interest it took the amount being claimed to £1412.16 therefore asked for action put on hold whilst test case on - optimistic of me or daft I'm unsure which.
Response I had on 17th March was to say that refund wasn't mandatory and that debt enforcement would not cease. At this stage I had also been contacted by MCS (There DCA) This letter of 17/03/09 also stated that if default had been entered by HSBC then if I forwarded copy of Credit Agency Report they would investigate.
It was at this point I checked with Experian and Equifax and noticed Default had been raised on my credit report on 11th March 2009.
the Original letter I received on 11th February 09 doesnt look like a default letter and it is the first letter I have ever recieved from them requesting immediate repayment of the balance - despite it's heading of Final Demand.
I have since written asking for removal of default as account is in dispute and default shouldn't of been raised and for copy of creidt agreement.
But the most recent letter states that they can't comply with my request for copy of Credit Agreement as current account is not covered by this Section 77 of the Consumer Credit Act 1974.
There was no mention of my request for the signed true and certified copy of the default notice.
I seem to have reached an impasse and am unsure what to do...
I can provide e-mail copies of all letters sent and recieved to anybody that is able to offer advice.
Thanks in anticipation
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