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Default on nominal mount due to my error

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  • tachy
    started a topic Default on nominal mount due to my error

    Default on nominal mount due to my error

    A couple of years ago I thought a transaction was charged 3 times on my credit card rather than 2. I went thru the process at HSBC to dispute the charge. Eventually HSBC came back and said it was legitimate. I still saw (though I saw) the three charges so complained. The complaint was reviewed but not held; at no point was there anything specific - i.e. you were charged twice not 3 times. I consistently said "I did not authorise a 3rd transaction". So I then complained to the Ombudsman. While it was beng look at, I was put on default. The day the case was picked up by the Ombudsman he calls me and says "You know you say there were 3 transactionions, I've checked your evidence and I only see 2". I went home and checked again, and there I saw it. Reason, I wasn't checking the evidence (3 statements) I was checking a spreadsheet. I immediately phone HSBC and cleared the 'debt'. The debt was less then 500% on facilities available to me in excess of 30k (of which less than half was utilised). I had banked soley with HSBC to that point 12 years and I was never any issue with him. My credit file many many credit records all cleared or good standing. HSBC waived the fees but when I pointed out the effect of the default would heavily outweigh the materuiality of the debt and my record with them, they simply said there is no error and it stands. I asked a few months afters again and got the same reply. Over the last two years it has had an advservse effect on getting credit (to remotage - away from HSBC - took two years and no lender would touch me). It continues to be an issue and I'm at a loss of what to do. I've been saving to take legal action but really don't know how to go about it or find the right solictor. Any advice or pointers would be greatly, greatly appreciated.
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  • tachy
    Thank you for taking the time to read and reply and I appreciate your feedback.

    Leave a comment:

  • R0b

    Firstly, it's always easier to break up your situation into paragraphs as it's difficult to follow with one block of text.

    Secondly, from what I read the fault seems to lie with you by checking a spreadsheet which presumably is one you made up? It seems like everyone but you have checked the actual statements and upon being told that you realised the error.

    Any removal of the default would be at the discretion of HSBC because factually, what they have done is correct.

    If you at looking at legal proceedings then you need to have a valid claim and I can't see one based on what you've said so you might be throwing good money after bad.

    If there was going to be any kind of challenge, the argument might be that HSBC applied a default to your account whilst the complaint was ongoing and in fact they should have waited until the outcome of the Ombudsman's decision and upon realising the error, should have afforded you an opportunity to pay. Not the strongest argument but it might get their attention and agree to removing it.

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  • tachy

    Leave a comment:

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