I recorded HSBC agreeing to take a default off my credit file but did not

lancelottcb

Hi,
I have a Default on my credit file that has been put on there by HSBC for my old Current account.

the account is now closed and the Account was in arrears by £5315

as part of paying off the debt HSBC agreed to take the default off my credit file ( and i have video proof of the phone call)

I made the payment in full in April but the default is still on my file.

I went to the FOS but they said it was just a mistake by the agent who got confused? Surely they have to give correct information over the phone.

please help

sourcrates

Although it is within the creditors power to remove defaults in exchange for full payment, it is rare that they do so, usually there must of been some kind of extenuating circumstance to warrant it.

You should also of got them to confirm in writing before you paid them, so you were both clear on the terms of the settlement, things agreed verbally must be backed up in writing.

You appear to have already exhausted the complaints procedure, you could try the ICO but its more than likely they will side with the FOS.

lancelottcb

So even though I have a video of me speaking to a customer adviser and they tell me it will get removed.... that would not stand up in court? if I were to take it that far?

StopIt

lancelottcb wrote: »

So even though I have a video of me speaking to a customer adviser and they tell me it will get removed.... that would not stand up in court? if I were to take it that far?

If the FOS have said that the advisor wasn't in a position to say it, you're on a hiding to nothing potentially.


It's why all agreements must be in writing, because the people who have the authority to make these decisions can do so.


This person may well have said they would take the default off, and then got overruled by the people who actually have the power to do it.


Finally, did you tell the advisor you were recording them? If not, you're not allowed to use that recording in court as it's a breach of data protection. You're allowed to record calls only with consent from both sides, hence the "Just so you know, we record these calls" stuff you get when calling anyone who does record.

Smevchenko

StopIt wrote: »

If the FOS have said that the advisor wasn't in a position to say it, you're on a hiding to nothing potentially.


It's why all agreements must be in writing, because the people who have the authority to make these decisions can do so.


This person may well have said they would take the default off, and then got overruled by the people who actually have the power to do it.


Finally, did you tell the advisor you were recording them? If not, you're not allowed to use that recording in court as it's a breach of data protection. You're allowed to record calls only with consent from both sides, hence the "Just so you know, we record these calls" stuff you get when calling anyone who does record.

Do you have rights to ask HSBC for their copy of the recorded call?

sourcrates

Smevchenko wrote: »

Do you have rights to ask HSBC for their copy of the recorded call?

You can make a subject access request, but that still dosent take away the fact the decision maker is not the call handler.

Call handlers have no authority to agree to such things.

lancelottcb

I have had this experience with vodaphone in the past (who also record calls).

I wanted to get into a contract for a new Iphone which was supposed to be just a 32gb iphone. The sales rep really wanted the sale I think so told me I would get 64gb Iphone.

when the phone arrived it was a 32gb Iphone. So I rang vodphone and told them to listen to the call

When a ( representative) told me on the call about a certain phone I would be getting ( 64gb Iphone rather than a 32gb iphone) they had to honour it even though the representative was wrong to do so.

does this same rule not apply?

BoGoF

lancelottcb wrote: »

I have had this experience with vodaphone in the past (who also record calls).

I wanted to get into a contract for a new Iphone which was supposed to be just a 32gb iphone. The sales rep really wanted the sale I think so told me I would get 64gb Iphone.

when the phone arrived it was a 32gb Iphone. So I rang vodphone and told them to listen to the call

When a ( representative) told me on the call about a certain phone I would be getting ( 64gb Iphone rather than a 32gb iphone) they had to honour it even though the representative was wrong to do so.

does this same rule not apply?

Thing is they probably didn't have to honour it but chose to - they wouldn't want to lose a customer over what is (to them) a trivial matter