We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Can I claim "damages"for hsbc negligence?

Hi everyone,

If a bank does not update the status of an account and subsequently causes prolonged damage (I assume) to your credit score, is there potential for claim compensation?

Quite some time ago now, I spotted an error on my credit report which stated an old hsbc account was defaulted and had been every month for approx the last year. This is incorrect as I was granted a D.R.O which changed this account status to satisfied. All other previously defaulted accounts have changed the same month I was granted the DRO but this remains unchanged since July 2015. (I disputed this at time of finding error but nothing happened and wrote to hsbc but again no action or acknowledge from them).
I can only assume this extra year of apparent defaulting has impacted negatively on my already poor score?
If this is the case, have I got scope to claim for "damages" due to hsbc's failure to update my details?

Thanks in advance for any advice.
Ali

Comments

  • Have you suffered any financial loss?

    Have you suffered any material loss?
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • To be honest I am not sure.
    If it has negatively impacted on my score by having a default on my report, I guess it has caused me financial loss?
    Ali
  • sourcrates
    sourcrates Posts: 32,036 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 19 March 2016 at 7:09PM
    i doubt it.

    You were in a DRO, so your credit file was trashed anyway, as it's a form of insolvency.
    Who did it impact negatively against ? You ?
    Did you apply for credit and were turned down ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I know it is a form of insolvency, so I am of course going to have a poor score already. I certainly have not applied for any credit since DRO. It was just a query whether thanks to hsbc, my score stayed poor rather than otherwise improving a little over the past year? If so then yes it did impact negatively on me.
    Ali
  • sourcrates
    sourcrates Posts: 32,036 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    I know it is a form of insolvency, so I am of course going to have a poor score already. I certainly have not applied for any credit since DRO. It was just a query whether thanks to hsbc, my score stayed poor rather than otherwise improving a little over the past year? If so then yes it did impact negatively on me.

    If you feel that strongly about it, fire off a written complaint to them.

    You might get £50 compo, and the default date altered, or, you might not.
    Won't know unless you try !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • JCS1
    JCS1 Posts: 5,338 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Have you done a credit file clean up post DRO?
  • I know it is a form of insolvency, so I am of course going to have a poor score already. I certainly have not applied for any credit since DRO. It was just a query whether thanks to hsbc, my score stayed poor rather than otherwise improving a little over the past year? If so then yes it did impact negatively on me.

    There is no such tangible thing as a credit score. It's something that has been invented by credit agencies to try and get you to pay money for it.

    You have a credit rating, which you have admitted is poor, and one year passing is not going to make a material difference to that. It takes six years for a credit rating to go from poor to good - so long as nothing else happens to wreck it again.

    As Sourcrates suggests, you could chance your arm with HSBC. Personally, I think you will be p****** in the wind.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Quite some time ago now, I spotted an error on my credit report which stated an old hsbc account was defaulted and had been every month for approx the last year. This is incorrect as I was granted a D.R.O which changed this account status to satisfied. All other previously defaulted accounts have changed the same month I was granted the DRO but this remains unchanged since July 2015. (I disputed this at time of finding error but nothing happened and wrote to hsbc but again no action or acknowledge from them).

    If I understand you correctly, then you were very lucky with those other accounts, although it makes not any difference in the long run.

    The correct way for a default in a DRO is:

    - Default date on of before the DRO start date
    - Settlement/Satisfaction date as the end date of your DRO. i.e. 1 years after its started.

    and

    a D/8 every month in the monthly status codes between those.

    Legally is is the completion of the DRO that discharges the debt, so that is the satisfactions date and D/8 every month in between accurately indicate an unsatisfied default in the interim.

    So it sounds as HSBC may have actually marked it correctly.

    Regardless, as people have pointed out, as long as the default date is correct it will not affect you one jot, as the DRO will stay on file as long and is a lot worse that the default or it's status while it does.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.