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Hsbc credit card default notice need removing, mortgage doubled!
fryman
Posts: 6 Forumite
in Credit cards
Please can someone help,
I've read so much on these forums but can't seem to understand my next steps,
Am trying to get HSBC to remove a default notice off my credit file, as my mortgage has double.
They chased me for over a year and ignored them, I had some letters from Moorcroft and maybe other DCA over a year ago stating stuff like HSBC had sold the debt or they would take me to court etc, but I just ignored them. but its been quite for the last 14 months, as I ignored everything.
Debt was rung up by my husband and then he ran off while I was away and I told HSBC it was a fraud but they refused to accept this, even knowing I was out the country and not able to make the purchases.
I even am willing to even start paying them like £50 a month so they can remove the default so my mortgage can lower by alot more then £50.
Please kindly provide any help possible.
_________________________ _________________________ _________________________ _____
I sent them the following letter:
HSBC Bank Card Services,
Credit Card Number: xxxxxxxxxxxxxxxxx
Dear HSBC,
After 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.
You have responded to Experian stating that I should contact you directly at the above in regards to this matter.
The “default” on my Experian report, the account started date is xx/xx/1999 and the default date is xx/xx/2011 with a default Balance of £12,110.
Further to this I do not have a 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, Postal Order Serial Number___________________ __________.
2. You must supply me with a signed true and certified copy of the original default notice, because I do not recollect receiving this.
3. Any deed of assignment if the debt was sold on.
I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours Sincerely,
_________________________ ____
After 16 days I send a reminder to them as they did not reply the reminder was as follows:
HSBC Bank Card Services,
Credit Card Number: xxxxxxxxxxxxxxx
Dear HSBC,
Further to my letter I wrote and sent to you on xx September 2012 via recorded delivery, I haven’t had any response, please find copy of the letter and recorded delivery slip attached.
Noting the above could you please kindly respond to my original letter dated xx September 2012, a copy of which is attached and accordingly answer in full the 3 questions contained in the original letter, with which I also sent a postal order.
I believe it is your duty and you are under obligation to supply me with the requested information within a given time. Again I request that you provide me with all the requested data in my original letter, within the next 14 days, once again I state if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours Sincerely,
_________________________ __________
Today on the 3rd of Ocrober they responded with this:
Dear Madam,
Please find enclosed copy documents as requested for your perusal.
Section 78 (1) of the consumer credit act 1974 requires us to provide "...a copy of the executed agreement (if any)...". Regulation 3 (2) of the consumer credit (cancellation notices and copies of documents) Regulations 1983 allows that certain items may be omitted form such copies, including the signature box and signature.
They copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of agreement, which there is with your client's card agreement and that power has been exercised to vary the agreement, which again is the case with your client's card agreement.
We therefore enclose an up to date copy of the terms and conditions applicable to your clients account, a copy of the latest variation notice issued in respect of your client's account and a reconstituted copy of the agreement form. The variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.
With regard to the Signed Application form that you made request for, we have conducted a reasonable search, and at the time of the request, the document could not be located. It was in our control but is no longer in our possession. Therefore we have enclosed a reconstituted copy along with two certified statements duly stamped and signed for your records validating any debt outstanding.
Enclosures:
Appendix 1 Current Terms and conditions
Appendix 2 Notice of Variation to Terms
Appendix 3 Historic Terms and Conditions
Appendix 4 Copy of Agreement form
Appendix 5 copy of Statements
Connie Smith.
_________________________ _________________________ _________
This what they sent
Appendix 1 Current Terms and conditions
- these are just standard printed out t and c's
Appendix 2 Notice of Variation to Terms
-these are also just standard print outs
Appendix 3 Historic Terms and Conditions
-these are again print outs, please note they all are HSBC - when my account opened it was Midland
Appendix 4 Copy of Agreement form
-this looks like a newly printed sheet with just my name and old address hand written on it
view it here: i1281.photobucket.com/albums/a502/fryman1/HSBC_zpsb16295fe.jpg
Appendix 5 copy of Statements
-freshly printed out credit card statements for August and September 2012 with a HSBC stamp on them with a sign over it
Please advise what is next letter I should send, or how to get out this default.
I've read so much on these forums but can't seem to understand my next steps,
Am trying to get HSBC to remove a default notice off my credit file, as my mortgage has double.
They chased me for over a year and ignored them, I had some letters from Moorcroft and maybe other DCA over a year ago stating stuff like HSBC had sold the debt or they would take me to court etc, but I just ignored them. but its been quite for the last 14 months, as I ignored everything.
Debt was rung up by my husband and then he ran off while I was away and I told HSBC it was a fraud but they refused to accept this, even knowing I was out the country and not able to make the purchases.
I even am willing to even start paying them like £50 a month so they can remove the default so my mortgage can lower by alot more then £50.
Please kindly provide any help possible.
_________________________ _________________________ _________________________ _____
I sent them the following letter:
HSBC Bank Card Services,
Credit Card Number: xxxxxxxxxxxxxxxxx
Dear HSBC,
After 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.
You have responded to Experian stating that I should contact you directly at the above in regards to this matter.
The “default” on my Experian report, the account started date is xx/xx/1999 and the default date is xx/xx/2011 with a default Balance of £12,110.
Further to this I do not have a 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, Postal Order Serial Number___________________ __________.
2. You must supply me with a signed true and certified copy of the original default notice, because I do not recollect receiving this.
3. Any deed of assignment if the debt was sold on.
I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours Sincerely,
_________________________ ____
After 16 days I send a reminder to them as they did not reply the reminder was as follows:
HSBC Bank Card Services,
Credit Card Number: xxxxxxxxxxxxxxx
Dear HSBC,
Further to my letter I wrote and sent to you on xx September 2012 via recorded delivery, I haven’t had any response, please find copy of the letter and recorded delivery slip attached.
Noting the above could you please kindly respond to my original letter dated xx September 2012, a copy of which is attached and accordingly answer in full the 3 questions contained in the original letter, with which I also sent a postal order.
I believe it is your duty and you are under obligation to supply me with the requested information within a given time. Again I request that you provide me with all the requested data in my original letter, within the next 14 days, once again I state if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.
Yours Sincerely,
_________________________ __________
Today on the 3rd of Ocrober they responded with this:
Dear Madam,
Please find enclosed copy documents as requested for your perusal.
Section 78 (1) of the consumer credit act 1974 requires us to provide "...a copy of the executed agreement (if any)...". Regulation 3 (2) of the consumer credit (cancellation notices and copies of documents) Regulations 1983 allows that certain items may be omitted form such copies, including the signature box and signature.
They copy of the executed agreement we must supply is a copy but need not be a photocopy of the signed agreement. Regulation 7 of those regulations also requires us to provide a copy of the executed agreement, as varied, where there is a power to vary the terms of agreement, which there is with your client's card agreement and that power has been exercised to vary the agreement, which again is the case with your client's card agreement.
We therefore enclose an up to date copy of the terms and conditions applicable to your clients account, a copy of the latest variation notice issued in respect of your client's account and a reconstituted copy of the agreement form. The variation notice shows that the terms have been varied and therefore in accordance with this legislation the up to date terms and conditions are the appropriate information to produce.
With regard to the Signed Application form that you made request for, we have conducted a reasonable search, and at the time of the request, the document could not be located. It was in our control but is no longer in our possession. Therefore we have enclosed a reconstituted copy along with two certified statements duly stamped and signed for your records validating any debt outstanding.
Enclosures:
Appendix 1 Current Terms and conditions
Appendix 2 Notice of Variation to Terms
Appendix 3 Historic Terms and Conditions
Appendix 4 Copy of Agreement form
Appendix 5 copy of Statements
Connie Smith.
_________________________ _________________________ _________
This what they sent
Appendix 1 Current Terms and conditions
- these are just standard printed out t and c's
Appendix 2 Notice of Variation to Terms
-these are also just standard print outs
Appendix 3 Historic Terms and Conditions
-these are again print outs, please note they all are HSBC - when my account opened it was Midland
Appendix 4 Copy of Agreement form
-this looks like a newly printed sheet with just my name and old address hand written on it
view it here: i1281.photobucket.com/albums/a502/fryman1/HSBC_zpsb16295fe.jpg
Appendix 5 copy of Statements
-freshly printed out credit card statements for August and September 2012 with a HSBC stamp on them with a sign over it
Please advise what is next letter I should send, or how to get out this default.
0
Comments
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short answer...your cantDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Why has this issue with whether a default notice has been correctly issued had an impact on your mortgage repayments?Optimists see a glass half full
Pessimists see a glass half empty
Engineers just see a glass twice the size it needed to be
0 -
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The entry on your credit rpeort is not a default notice - it's simply a record that you have broken a credit agreement. If you dispute this you can ask us to raise a query with them. You can also add a note to your credit report to make the circumstances clear. I'm not clear whether your ex set up the agreement fraudulently or simply used an existing agreement in your name without your permission. Either way, if you can prove this and the fact that you didn't act negligently and weren't therefore responsible, you have a good case for getting the data removed.
James Jones“Official Company Representative
I am an official company representative of Experian. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
Posts by James Jones, Neil Stone, Stuart Storey & Joe Standen0 -
This is because when am current deal ended, the current lender did a credit check to offer me a new deal and due to this default they wont give me a new deal and have me stuck on a high SVR0
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I take it that you were the primary card holder/account holder and Ex was a additonal card holder, given this is a credit card.
If the above statement is correct then you are liable for the debt as far as HSBC go.
You could chase your Ex in the courts to reclaim the funds.
As far as the doc's they have sent. What do you expect but printed out copies. Only other option would be digital via email. Not something they would do.
They will all be HSBC as all docs will have been updated when Midland were taken over, remember this started back in 1987 and was finalised in 1992.Never ASSUME anything its makes a>>> A55 of U & ME <<<0 -
I didnt read all your post.
You are wasting your own and everybody elses time.
You wont get a default removed, it's a true record of your credit history.
Ignoring the debts has come home to roost.
Blunt but true.
Sorry but that's life.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Unfortunately a Default marker remains on your credit file for 6 years from the date of the default. A Default is seen in the eyes of most creditors as equal to a CCJ. unfortunately lenders don't like lending money to people who default.
Your chances of getting this removed are between slim and none.Don't lie, thieve, cheat or steal. The Government do not like the competition.
The Lord Giveth and the Government Taketh Away.
I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)0 -
Hi Experian,
I was out the country and my card was taken and used fraudulently, it is a single account and in my name, are you saying that if I prove that during the most of the transactions I was out the country and could not have been possible for me to make the transactions, Experian will accept this and remove the default from my file?0
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