Default Notices: time to remedy

[jumper999]

Re: Default Notices: time to remedy

Also jumper, when you talk about statements for the account you only start from Feb 06.

Are you sure its for the same account (the D on your file I mean)



Was the second one the one started in 06 ?
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Hi AME,

Statements started from Feb 06, as that is what they sent me and this information is only according to them not me. This is for the same account. When I opened my account I was sent a credit card numbers ending in 1234, then in 08 I lost my card for this account and they sent me a new card for the same account but numbers ending in 5678.......see where I am going?

Sig is mine on the recon, but no way was it opened the date it says on the agreement

[The Debt Star]

Re: Default Notices: time to remedy

"Shanghaiing refers to the practice of conscripting men as sailors by coercive techniques such as trickery, intimidation, or violence. Those engaged in this form of kidnapping were known as crimps. " From Wiki

So the Hongkong Shanghai Banking Corporation are really crimps.

You've been Shanghaid Jumper.

[Amethyst]

Re: Default Notices: time to remedy

Your Feb 06 statement, is that an opening statement (ie starts at £0 with no carried over balance)

[jumper999]

Re: Default Notices: time to remedy

Thanks TDS,

Since I received this claim form from HSBC I have been going out of my mind to get help and try and find a way to get off this rollercoaster I got on.

I have never claimed that I owed this debt, never have I ever ignored any letters, never have I given the impression that I wanted a way out to write off this debt by contacting any solicitor or CMC.................but what HSBC have done to me and treated brings a whole new meaning to the unfair relationship. In fact I would go as far as to say it is borderlining on fraud
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Your Feb 06 statement, is that an opening statement (ie starts at £0 with no carried over balance)

Feb statement opening balance is 0

[Amethyst]

Re: Default Notices: time to remedy

If you signed and dated the agreement in Jan 06 then I'd say thats when it was signed and opened. Your statements back that up. Unless it was fraud, signature forged from another document and redated to Jan 06, and the statements forged to show the account was opened in Jan 06.

But you are saying you actually opened the account (the one on your credit file) in Aug 05 and the payments on the CRA show from Sept 05 which all scans.

What does the Credit File actually say ?
You made payments to the account from Sept 05. Does this show on your bank statements ? By what method did you make payments ?

[jumper999]

Re: Default Notices: time to remedy

This is exactly what has been done

http://i450.photobucket.com/albums/q...ort1Sept10.jpg

It is not unheard of lifting signatures, and backdating records.

Probably would explain why HSBC took 14 months to send me my data request, as they had a lot of things to keep them busy when it came to my account. Payments were made in cash and sometimes online.

[Amethyst]

Re: Default Notices: time to remedy

So either that (the fraud stuff and the agreement being a recon), or the credit file is wrong and needs correcting to commence Jan 06 rather than Aug 05.

You saying you opened the account in Aug 05 doesn't scan with that being the case, hence wondering if it was another account, and hence wondering if you had any records of payments made etc showing the account wasnt opened in 06 as they allege, but in 05 as you allege and as shows on the credit file.

If they are the same account then one or the other is wrong, and I would honestly expect it to be the credit file.

[jumper999]

Re: Default Notices: time to remedy

Thank you. It is the same account, if it can be proved what would HSBC have to do?

[Amethyst]

Re: Default Notices: time to remedy

Tell the CRA to amend the credit file to commence Jan 06. (though tbh it doesnt affect you it showing from 05 and actually gives you a longer period of perfect payments)

[jumper999]

Re: Default Notices: time to remedy

Why would I want to do that? I am not the one who put the incorrect information on there, even though I believe that it is the correct information.

[Angry Cat]

Re: Default Notices: time to remedy

Excepts from the, Data Protection Technical Guidance:

A 'default' can be said to occur as soon as the borrower fails to meet the terms of their credit agreement. However, adopting this definition for credit referencing purposes would create difficulties since it is accepted that not all these defaults should be reported, for example, where weekly payments are late but are quickly remedied.

The term 'default, when recorded on a credit reference file should be used to refer to a situation when "the lender in a standard business relationship decides the relationship has broken down"

Where there is an unresolved dispute about whether a default exists, lenders should refer to paragraphs 42-45.

Indicators of a default

The account has been referred to a collection agency or, in-house debt collection department;

The account has been referred for legal action;

The account has been included in a bankruptcy, IVA or similar;

The asset financed has been repossessed or instructions for repossession have been given;

The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute);

The customer has not made satisfactory proposals in response to a demand for payment;

The customer has given clear indication, for example, by handing back an asset, that they do not intend to meet their contarctual obligations;

The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

Time framework

Although there will be some flexibility in the definition of a breakdown, we believe that there should be somer general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders:

Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears;

Accounts should normally be filed as being in default where those payments due have not been received for six months.

This time framework only relates to filing defaults. It does not affect the lenders' ability to continue to report accurately on the extent of arrears using monthly status codes.

Please also see:
Resheduling of Agreements and;
The 'sale' or assignment of debts on defaulted accounts:
[/Quote]
If the purchaser agrees to take control or the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including charges to the amount owed.

The purchase should not affect how long the record is kept. It should be removed six years after the default. [/Quote]

Apologies, if there are any typos.

[Amethyst]

Re: Default Notices: time to remedy

No idea. It was you bought it up lol. (anyway you asked what HSBC would have to do, not you - THEY would have to correct it)

I'm just saying its not likely to be HSBC have forged the credit agreement and your statements. Imagin how hard it would be to start an account from 0, 8 months after it began, and still have the interest/payments etc showing. You'd have evidence on bank statements showing payments before Jan 06, or you might have an old card statement lying around. They wouldnt risk it.

Can you evidence you actually opened the account in August 05, in any other way than that OK on your credit file ?

[jumper999]

Re: Default Notices: time to remedy

True, but sometimes when trying to cover things up it can only take one slip to bring everything down,

OK lets say that HSBC logged my credit file incorrectly and should have shown it starting from Jan 06, Why would they write I was in 6 months arrears? and place a Default on the wrong month? show my account closed before issuing me with a Default Notice and last but not least NEVER SEND ME ONE TINY WARNING OR LETTER THREATENING TO REPORT ME TO THE CRA's if I did not pay?

Why would they do all this? THIS IS NOTHING BUT VEXATIOUS!!!!!!!!!!!

You see if I go and do something stupid like contact the CRA and ask them to amend my file, as HSBC have instigated proceeding against me do you not think that I would need as much information as I could to show they have treated me, and handled my account, and what they have reported about me, it's like shooting my own self in the foot. If they are persisting on showing the court that I breached their contract then I think it is only fair to fight fire with fire, after all this could have been so easily resolved from day one.

[Amethyst]

Re: Default Notices: time to remedy

True, but sometimes when trying to cover things up it can only take one slip to bring everything down,

OK lets say that HSBC logged my credit file incorrectly and should have shown it starting from Jan 06, WTF would they write I was in 6 months arrears? and place a Default on the wrong month? show my account closed before issuing me with a Default Notice and last but not least NEVER SEND ME ONE TINY WARNING OR LETTER THREATENING TO REPORT ME TO THE CRA's if I did not pay?

Why would they do all this? THIS IS NOTHING BUT VEXATIOUS!!!!!!!!!!!

Right so you think that everythings been jumped back by a few months for some reason.

Okay relevant stuff below. (you know I'm not having a go or anything don't you just trying to get to the bottom of it as its you who will be trying to explain this in court eventually)

In Sept 08 when you informed HSBC of problems and kept up payments - what were those payments ? Were they over the minimum amount due (ie the 5% of the outstanding etc) or were they a reduced amount under CCCS DMP ?

I know you said last contractual payment was in Jan 09 and you made two that month.

You have the statements don't you, maybe type up the minimum amount due according to the statements, next to the amount you paid (which will show on the next months statement) Then we are sure what we're talking about.


this is the info we have.

Sept 2008 - informed HSBC getting in poop but kept up payments
Jan 2009 - Made last contractual payment
Feb 2009 - any payment ? NO
March 2009 - any payment ? NO
April 2009 - any payment ? NO
May 2009 - any payment ? DN received
June 2009 - any payment ? Defaulted
July 2009 - any payment ? NO

and this is what the CRA shows.

[Amethyst]

Re: Default Notices: time to remedy

You see if I go and do something stupid like contact the CRA and ask them to amend my file, as HSBC have instigated proceeding against me do you not think that I would need as much information as I could to show they have treated me, and handled my account, and what they have reported about me, it's like shooting my own self in the foot. If they are persisting on showing the court that I breached their contract then I think it is only fair to fight fire with fire, after all this could have been so easily resolved from day one.

I wasnt saying YOU should correct your file. If it is wrong as it appears from HSBC's own evidence, then THEY should correct it, during/after court etc. you have evidence of it being wrong by the screen shot of the file. I'd be tempted to get a full one from Experian and co in paper form too tho.