HSBC default....no default letter recieved

AdRock

From February last year I started paying back £120 per month to HSBC to pay off my student overdraught. I had enough of their bank charges so i opened up a current account in another bank. At the same time my partner had just gone onto maternity leave haveing had our third child so she was only bringing home half of her income. I told HSBC in February that all i could afford to pay off each month was £120 whcih they agreed.

Over the next few months i got constant harrassment from phone calls from HSBC asking if i could make a payment even though I had already made the agreed payment of £120 each month.

By July I brought the balance down from owing £1250 to around £500 and thought that I would have some extra money so i could settle the account a bit sooner so i told HSBC that i could make 2 more payments and settle the account. I overestimated my disposable income and wasn't able to make the increased payments so i carried on as before paying £120 a month.

All went quiet and i didn't have any phone calls from them or any letters. I am pretty sure it was September when i tried to make a payment and the person i spoke to on the phone at HSBC told me my account was now closed and that it had been passed onto Metrolpolitan Collection Services. I put in a complaint over the phone saying I received no letter advising if i didn't settle the £380 that it would go into default but that made no difference.

I have since settled the account with Metropolitan and having looked at my credit file the other day, i found i had a default in September, there's nothing in October and November shows as settled. I made a payment in both September and October but it doesn't show that.

I found on this forum with a thread called Unenforceability & Template Letters a letter I can send off under Request for Proof of Default. This letter is hoping that they can't find a copy of the original CCA.

If the lender/DCA replies confirming they cannot find the default notice or that they do not have to issue you a copy as there is no debt, then you'd send the following letter which is a more severe threat by way of issuing enforcement papers (CPR31.16) to them in order that they supply the default notice.

You're hoping they cannot supply you one in which case you should seek removal of default using the fact you did pay to your advantage. The letter below is a good starting point, combining several aspects of various letters.

What happens if HSBC sends me a copy of the default letter. Is there another straegy i can try to get the default removed? If i had known (they actually picked up the phone and warned me as they were used to contantly phoning), I would have settled the account for such as small amount.

Any ideas?

nottoolate

that thread is out of date now

Tixy

Overdrafts are not covereed by the consumer credit act - so a request under the CCA will not produce anything.

Banks are not obliged to send a default notice for an overdraft.